Text: SF00031 Text: SF00033 Text: SF00000 - SF00099 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 462A.12, subsection 6, Code 1997, is 1 2 amended to read as follows: 1 3 6.NoAn owner or operator of any vesselpropelled by a1 4motor of more than six horsepowershall not permit any person 1 5 under twelve years of age to operatesuchthe vesselexcept1 6when accompanied by a responsible person of at least eighteen1 7years of age who is experienced in motorboat operation. 1 8 Sec. 2. NEW SECTION. 462A.19 WATERCRAFT SAFETY EDUCATION 1 9 COURSE ESTABLISHED – CERTIFICATION REQUIRED FOR CERTAIN 1 10 MINORS. 1 11 1. A person who is twelve years of age or older and less 1 12 than eighteen years of age, shall not operate a watercraft 1 13 unless the person has successfully completed a watercraft 1 14 safety education course approved by the commission. A 1 15 certification of completion indicating successful completion 1 16 of an approved watercraft safety education course shall not be 1 17 issued to a person who is less than twelve years of age. A 1 18 certificate of completion from an approved watercraft safety 1 19 education course issued by another state or by a province of 1 20 Canada, is valid for the requirements of this section if the 1 21 holder of the certificate is twelve years of age or older. 1 22 2. A certificate of completion shall be issued only to an 1 23 applicant who has met the age qualifications specified in 1 24 subsection 1 and has satisfactorily completed a minimum of 1 25 four hours of training in an approved watercraft safety 1 26 education course. The department shall establish the 1 27 curriculum for the first four hours of an approved watercraft 1 28 safety course. Upon completion of the four-hour curriculum 1 29 and passing the final examination by correctly answering 1 30 eighty-five percent or more of the questions, a certificate of 1 31 completion shall be awarded to an applicant. 1 32 3. The department shall provide a manual on watercraft 1 33 safety education which shall be used by all instructors and 1 34 persons receiving watercraft safety education in this state. 1 35 4. The department shall provide for the certification of 2 1 persons who wish to become watercraft safety education 2 2 instructors. A person shall not act as an instructor in 2 3 watercraft safety education as provided in this section 2 4 without first obtaining an instructor's certificate from the 2 5 department. 2 6 5. A public or private school or organization approved by 2 7 the department may cooperate with the department in providing 2 8 a course in watercraft safety education as provided in this 2 9 section. 2 10 6. The commission shall adopt rules in accordance with 2 11 chapter 17A as necessary to administer this section. 2 12 7. The initial watercraft safety certificate shall be 2 13 issued without cost. A duplicate certificate shall be issued 2 14 at the cost of five dollars. 2 15 8. A person who is required to obtain a watercraft safety 2 16 education certificate to lawfully operate a watercraft shall 2 17 exhibit a valid certificate of completion upon request of an 2 18 officer of the department. 2 19 9. A person violating this section is guilty of a simple 2 20 misdemeanor as provided in section 462A.13. 2 21 Sec. 3. EFFECTIVE DATES. 2 22 1. This Act, being deemed of immediate importance, takes 2 23 effect upon enactment. 2 24 2. Section 2 of this Act takes effect January 1, 1998, 2 25 except that, on and after the effective date of this Act, the 2 26 natural resource commission may adopt rules pertaining to the 2 27 establishment of a watercraft safety education course and the 2 28 department of natural resources may establish watercraft 2 29 safety education courses, publish a watercraft safety 2 30 education manual, certify instructors to teach the watercraft 2 31 safety education course, and issue certificates of completion 2 32 to qualified applicants. However, a person under eighteen 2 33 years of age shall not be required to possess and exhibit a 2 34 valid certificate of completion from a state approved 2 35 watercraft safety education course to operate a watercraft 3 1 before January 1, 1998. 3 2 EXPLANATION 3 3 This bill provides that the natural resource commission and 3 4 the department of natural resources establish a watercraft 3 5 safety education program for all watercraft operators who are 3 6 twelve years of age or older and less than eighteen years of 3 7 age. The course of instruction must be a minimum of four 3 8 hours and passing a final examination by correctly answering 3 9 85 percent of the questions is required. A certificate of 3 10 completion is awarded to successful applicants without fee, 3 11 but a duplicate certification will cost $5. The department of 3 12 natural resources will publish a manual for the watercraft 3 13 safety education course and certify instructors to teach the 3 14 course. 3 15 The bill also prohibits persons who are less than 12 years 3 16 of age from operating a vessel or watercraft. Watercraft is 3 17 defined as a vessel which through the buoyant force of water 3 18 floats on the water and is capable of carrying one or more 3 19 persons. A watercraft includes an ice boat. 3 20 This bill takes effect upon enactment. However, 3 21 enforcement of the requirement that a person who is 12 years 3 22 of age or more and less than 18 years of age, shall not 3 23 operate a watercraft unless the person has successfully 3 24 completed a watercraft safety education course, will not be 3 25 enforced until January 1, 1998. 3 26 A violator of the provisions of this bill is guilty of a 3 27 simple misdemeanor and the provisions of chapter 232 relating 3 28 to the prosecution of juvenile offenders does not apply to 3 29 violations occurring under chapter 462A. 3 30 LSB 1065XS 77 3 31 tj/sc/14.1
Text: SF00031 Text: SF00033 Text: SF00000 - SF00099 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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