Text: SSB00061 Text: SSB00063 Text: SSB00000 - SSB00099 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 DIVISION I 1 2 WATERCRAFT REGULATION 1 3 Section 1. Section 462A.2, Code 1997, is amended by adding 1 4 the following new subsections: 1 5 NEW SUBSECTION. 12A. "Lanyard" means a cord, rope, or 1 6 wire which connects an operator to a motorboat or motorized 1 7 vessel and is designed to stop the motor when disconnected. 1 8 NEW SUBSECTION. 22A. "Personal watercraft" means a 1 9 vessel, less than sixteen feet in length, which is propelled 1 10 by a water jet pump or similar machinery as its primary source 1 11 of motor propulsion and is designed to be operated by a person 1 12 sitting, standing, or kneeling on the vessel rather than being 1 13 operated by a person sitting or standing inside the vessel. 1 14 Sec. 2. Section 462A.9, subsection 6, Code 1997, is 1 15 amended by adding the following new paragraphs: 1 16 NEW PARAGRAPH. a. A person shall not operate a personal 1 17 watercraft unless each person aboard is wearing an approved 1 18 personal flotation device as prescribed by rule of the 1 19 commission. 1 20 NEW PARAGRAPH. b. A person who is twelve years of age or 1 21 younger shall not be aboard a personal watercraft without 1 22 wearing an approved personal flotation device as prescribed by 1 23 rule of the commission. 1 24 Sec. 3. Section 462A.9, subsection 7, Code 1997, is 1 25 amended to read as follows: 1 26 7. Every motorboat shall be provided withsuchthe number, 1 27 size, and type of fire extinguishers capable of promptly and 1 28 effectually extinguishing burning gasoline, as may be 1 29 prescribed bythe regulationsrule of the commission.Such1 30 The fire extinguishers shall, at all times, be kept in 1 31 condition for immediate and effective use and shall be so 1 32 placed as to be readily accessible.Vessels powered by1 33outboard motors of ten horsepower or less, need not carry the1 34extinguishers as provided herein.1 35 Sec. 4. Section 462A.10, Code 1997, is amended by adding 2 1 the following new subsection: 2 2 NEW SUBSECTION. 3. The owner of a boat livery shall not 2 3 permit any of the owner's personal watercraft to be operated 2 4 for hire by a person who is under eighteen years of age. 2 5 Sec. 5. Section 462A.12, subsection 1, Code 1997, is 2 6 amended to read as follows: 2 7 1.NoA person shall not operate any vessel, or manipulate 2 8 any water skis, surfboard, or similar device in a careless, 2 9 reckless or negligent manner so as to endanger the life, limb, 2 10 or property of any person. A person shall not operate a 2 11 personal watercraft, in a manner so that the personal 2 12 watercraft becomes airborne or completely leaves the water 2 13 while the personal watercraft crosses the wake of another 2 14 vessel within one hundred feet of the other vessel. 2 15 Sec. 6. Section 462A.12, subsection 6, Code 1997, is 2 16 amended to read as follows: 2 17 6.NoAn owner or operator of any vessel propelled by a 2 18 motor of more than six horsepower shall not permit any person 2 19 under twelve years of age to operatesuchthe vesselexcept2 20whenunless accompanied by a responsible person of at least 2 21 eighteen years of agewho is experienced in motorboat2 22operation. An owner or operator of a personal watercraft, 2 23 other than an owner of a personal watercraft livery, shall not 2 24 permit any person under sixteen years of age to operate a 2 25 personal watercraft unless accompanied by a responsible person 2 26 of at least eighteen years of age. 2 27 Sec. 7. Section 462A.12, Code 1997, is amended by adding 2 28 the following new subsections: 2 29 NEW SUBSECTION. 12. A person operating a personal 2 30 watercraft equipped by the manufacturer with a lanyard-type 2 31 engine cutoff switch shall attach the lanyard to the person's 2 32 body, clothing, or personal flotation device as appropriate 2 33 for the specific personal watercraft. 2 34 NEW SUBSECTION. 13. A person shall not operate a personal 2 35 watercraft at any time between sunset and eight a.m. 3 1 NEW SUBSECTION. 14. A person shall not chase or harass 3 2 wild animals while operating a personal watercraft. 3 3 NEW SUBSECTION. 15. A person shall not operate a vessel 3 4 if its capacity would be exceeded by those persons in the 3 5 vessel and those persons being towed on water skis, a 3 6 surfboard, or similar device. 3 7 Sec. 8. Section 462A.15, Code 1997, is amended to read as 3 8 follows: 3 9 462A.15 WATER SKIS AND SURFBOARDS. 3 10 1.NoA person shall not operate a vessel on any waters of 3 11 this state under the jurisdiction of the commission for towing 3 12 a person or persons on water skis, surfboard or similar device 3 13 unless there is in such vessel a responsible person, in 3 14 addition to the operator, in a position to observe the 3 15 progress of the person or persons being towed. 3 16 2. A person shall not operate a personal watercraft on 3 17 waters of this state under the jurisdiction of the commission 3 18 for towing a person unless, in addition to the operator, an 3 19 observer is on board to monitor the progress of those being 3 20 towed. 3 212.3. The provisions of subsections 1 and 2 of this 3 22 section do not apply to a performer engaged in a professional 3 23 exhibition or a person or persons engaged in a professional 3 24 exhibition or a person or persons engaged in an activity 3 25 authorized under section 462A.16. 3 26 Sec. 9. Section 462A.26, subsection 3, paragraph a, 3 27 subparagraph (2), Code 1997, is amended to read as follows: 3 28 (2) Motorboats or personal watercraft shall maintain a 3 29 minimum passing or meeting distance offiftyone hundred feet 3 30 when bothboatsvessels are traveling at speeds greater than 3 31 five miles per hour except as otherwise authorized under a 3 32 special events permit issued by the department. 3 33 DIVISION II 3 34 ACCIDENT REPORTS 3 35 Sec. 10. Section 462A.7, subsection 2, Code 1997, is 4 1 amended to read as follows: 4 2 2.Whenever anyIf a vessel is involved in a collision, 4 3 accident, or casualty, except one which results only in 4 4 property damage not exceedingonefive hundred dollars, the 4 5 operator of the vessel shall file a reportthereof shall be4 6filedof the collision, accident, or casualty with the 4 7 commission. The reportshall be filed by the operator of the4 8vessel andshall containsuchthe information as the 4 9 commission may, by rule, require.SaidThe report shall be 4 10 submitted without delay in death or disappearance cases and 4 11 within five days in all other cases. 4 12 Sec. 11. Section 462A.7, subsection 4, Code 1997, is 4 13 amended to read as follows: 4 14 4. All reports by operators involved in an accident shall 4 15 be in writing, and the written report shall be without 4 16 prejudice to the individual so reporting and shall be for the 4 17 confidential use of the commission. However, upon request the 4 18 commission shall disclose the identities of the persons on 4 19 board the vessels involved in the occurrence and their 4 20 addresses. A written report filed with the commission shall 4 21 not be admissible in or used in evidence in any civil or 4 22 criminal action arising out of the facts on which the report 4 23 is based. A report filed by a law enforcement officer who 4 24 investigated an accident shall be made available to each party 4 25 to the accident, each party's insurance company or its agent, 4 26 each party's attorney, or the attorney general upon written 4 27 request to the department and the payment of a fee of four 4 28 dollars for each copy requested. The attorney general shall 4 29 not be required to pay a fee for a copy of a report. 4 30 DIVISION III 4 31 OPERATING A VESSEL WHILE INTOXICATED 4 32 Sec. 12. Section 462A.14, Code 1997, is amended by 4 33 striking the section and inserting in lieu thereof the 4 34 following: 4 35 462A.14 DEFINITIONS – OPERATING WHILE INTOXICATED. 5 1 As used in this section and sections 462A.14A and 462A.14B: 5 2 1. "Alcohol beverage" includes alcohol, wine, spirits, 5 3 beer, or any other beverage which contains ethyl alcohol and 5 4 is fit for human consumption. 5 5 2. "Alcohol concentration" means the number of grams of 5 6 alcohol per any of the following: 5 7 a. One hundred milliliters of blood. 5 8 b. Two hundred ten liters of breath. 5 9 c. Sixty-seven milliliters of urine. 5 10 3. "Chemical test" means an analysis of a person's blood, 5 11 breath, urine, or other bodily substance for the determination 5 12 of the presence of alcohol, a controlled substance, or a drug. 5 13 4. "Controlled substance" means controlled substance as 5 14 defined in section 124.101. 5 15 5. "Motorboat" means any watercraft, as defined in section 5 16 462A.2, that is propelled by an engine. 5 17 6. "Peace officer" means peace officer as defined in 5 18 section 801.4. 5 19 7. "Prima facie evidence of intoxication" includes 5 20 evidence that, at the time of an alleged violation, a person 5 21 had an alcohol concentration equal to or in excess of the 5 22 level specified in section 321J.2, subsection 1, paragraph 5 23 "b". 5 24 8. "Relevant evidence of intoxication" includes evidence 5 25 that, at the time of the alleged violation, a person had an 5 26 alcohol concentration of at least one-half but not more than 5 27 the level specified in section 321J.2, subsection 1, paragraph 5 28 "b". 5 29 9. "Sailboat" means a watercraft, as defined in section 5 30 462A.2, that is propelled by wind through use of one or more 5 31 sails. 5 32 Sec. 13. NEW SECTION. 462A.14A OPERATING A MOTORBOAT OR 5 33 SAILBOAT WHILE INTOXICATED. 5 34 1. A person commits the offense of operating a motorboat 5 35 or sailboat while intoxicated if the person operates a 6 1 motorboat or sailboat in either of the following conditions: 6 2 a. While under the influence of an alcoholic beverage or 6 3 other drug or a combination of the substances. 6 4 b. While having an alcohol concentration as defined in 6 5 section 462A.14 of .10 or more. 6 6 2. A person who violates this section commits: 6 7 a. A serious misdemeanor for the first offense and shall 6 8 be imprisoned in the county jail for not less than forty-eight 6 9 hours to be served as ordered by the court, less credit for 6 10 any time the person was confined in a jail or detention 6 11 facility following arrest, and assessed a fine of not less 6 12 than five hundred dollars. As an alternative to a portion or 6 13 all of the fine, the court may order the person to perform not 6 14 more than two hundred hours of unpaid community service. 6 15 b. A person who violates this section and who has 6 16 previously been convicted of a violation of this section 6 17 within the previous six years commits an aggravated 6 18 misdemeanor and shall be imprisoned in the county jail or a 6 19 community-based correctional facility for not less than seven 6 20 days, which sentence shall not be suspended notwithstanding 6 21 section 901.5, subsection 3, and section 907.3, subsection 3, 6 22 and assessed a fine of not less than seven hundred fifty 6 23 dollars. 6 24 c. A person who violates this section commits a class "D" 6 25 felony and shall be imprisoned in the county jail for a 6 26 determinate sentence of not more than one year but not less 6 27 than thirty days, which shall not be suspended, 6 28 notwithstanding section 901.5, subsection 3, and section 6 29 907.3, subsection 3, or committed to the custody of the 6 30 director of the department of corrections, and assessed a fine 6 31 of not less than seven hundred fifty dollars in either of the 6 32 following cases: 6 33 (1) If the person has twice been previously convicted of a 6 34 violation of this section within the previous six years. 6 35 (2) If the offense results in serious bodily injury to 7 1 another person and the court determines that the person who 7 2 committed the offense caused the serious bodily injury. 7 3 d. A person who violates this section commits a class "C" 7 4 felony if the crime results in the death of another person and 7 5 the court determines that the person who committed the offense 7 6 caused the death. 7 7 e. A person who operates a motorboat or sailboat after the 7 8 person has been ordered, pursuant to this section, not to 7 9 operate a motorboat or sailboat commits a simple misdemeanor. 7 10 3. a. Except for a penalty imposed under subsection 2, 7 11 paragraph "e", in addition to a criminal penalty imposed for a 7 12 misdemeanor under this section, the court shall order the 7 13 person not to operate a motorboat or sailboat for a period of 7 14 time not to exceed one year. 7 15 b. In addition to a criminal penalty imposed for a felony 7 16 under this section, the court shall order the person not to 7 17 operate a motorboat or sailboat for a period of time not to 7 18 exceed two years. 7 19 4. a. A person who operates a motorboat or sailboat in 7 20 waters over which this state has jurisdiction impliedly 7 21 consents to submit to the chemical test provisions of this 7 22 section as a condition of operating a motorboat or sailboat in 7 23 this state. If a person refuses to submit to a chemical test 7 24 under this section, the court shall order the person not to 7 25 operate a motorboat or sailboat for a period of time not to 7 26 exceed one year. 7 27 b. A peace officer who has probable cause to believe that 7 28 a person has committed an offense under this section shall 7 29 offer the person the opportunity to submit to a chemical test. 7 30 However, it is not necessary for the peace officer to offer a 7 31 chemical test to an unconscious person. A peace officer may 7 32 offer a person more than one chemical test under this section. 7 33 However, all tests must be administered within two hours after 7 34 the officer had probable cause to believe the person violated 7 35 this section. A person must submit to each chemical test 8 1 offered by a peace officer in order to comply with the implied 8 2 consent provisions of this section. 8 3 c. If the chemical test results in relevant evidence that 8 4 the person is intoxicated, the person may be arrested for an 8 5 offense under this section. If the chemical test results in 8 6 prima facie evidence that the person is intoxicated, the 8 7 person shall be arrested for an offense under this section. 8 8 d. A person who refuses to submit to a chemical test may 8 9 be arrested for an offense under this section. 8 10 e. At any proceeding under this section, a person's 8 11 refusal to submit to a chemical test is admissible into 8 12 evidence. 8 13 f. If a person refuses to submit to a chemical test under 8 14 this section, the peace officer shall inform the person that 8 15 the person's refusal will result in the suspension of the 8 16 person's motorboat or sailboat operating privileges. 8 17 5. At any proceeding concerning an offense under this 8 18 section, evidence of the amount by weight of alcohol that was 8 19 in the blood of the person charged with the offense at the 8 20 time of the alleged violation, as shown by an analysis of the 8 21 person's blood, breath, urine, or other bodily substance, is 8 22 admissible. 8 23 Sec. 14. NEW SECTION. 462A.14B PRELIMINARY SCREENING 8 24 TEST. 8 25 When a peace officer has reasonable grounds to believe that 8 26 a motorboat or sailboat operator may be violating or has 8 27 violated section 462A.14A, or the operator has been involved 8 28 in a motorboat or sailboat collision resulting in injury or 8 29 death, the peace officer may request the operator to provide a 8 30 sample of the operator's breath for a preliminary screening 8 31 test using a device approved by the commissioner of public 8 32 safety for that purpose. The results of this preliminary 8 33 screening test may be used for the purpose of deciding whether 8 34 an arrest should be made and whether to request a chemical 8 35 test authorized in section 462A.14A, but shall not be used in 9 1 any court action except to prove that a chemical test was 9 2 properly requested of a person pursuant to this section and 9 3 section 462A.14A. 9 4 Sec. 15. NEW SECTION. 462A.14C ARREST AND CONVICTION 9 5 STATISTICS. 9 6 The department shall collect and maintain statistics on the 9 7 number of arrests and convictions for violations of section 9 8 462A.14A that occur each year. 9 9 Sec. 16. Section 462A.23, subsection 2, paragraph b, Code 9 10 1997, is amended by striking the paragraph and inserting in 9 11 lieu thereof the following: 9 12 b. Operating a motorboat or sailboat while intoxicated, or 9 13 manipulating water skis, a surfboard, or a similar device 9 14 while in an intoxicated condition or under the influence of a 9 15 narcotic drug. 9 16 EXPLANATION 9 17 Division I of this bill includes the following requirements 9 18 and restrictions regarding the operation of various types of 9 19 vessels: 9 20 1. A personal watercraft is defined as a vessel, under 16 9 21 feet in length, which is propelled by a water jet pump or 9 22 similar machinery and is designed to be operated by a person 9 23 sitting, standing, or kneeling on the vessel. 9 24 2. The operator of a personal watercraft is required to 9 25 wear an approved personal flotation device. 9 26 3. All persons who are 12 years of age or younger are 9 27 required to wear an approved personal flotation device while 9 28 aboard any personal watercraft. 9 29 4. The bill also requires all motorboats to carry the 9 30 prescribed number and type of fire extinguisher as determined 9 31 by the natural resource commission. 9 32 5. A person must be at least 16 years of age to operate a 9 33 personal watercraft for hire from a boat livery unless 9 34 accompanied by a person at least eighteen years of age. 9 35 6. Personal watercraft shall not be operated in a manner 10 1 which will cause the personal watercraft to become airborne by 10 2 crossing the wake of another vessel within 100 feet of the 10 3 other vessel. 10 4 7. Lanyard is defined as a cord, rope, or wire, which 10 5 connects an operator with a motorized vessel and is designed 10 6 to stop the motor when disconnected. 10 7 8. A person operating a personal watercraft equipped by 10 8 the manufacturer with a lanyard-type engine cutoff is required 10 9 to attach the lanyard to the operator's body, clothing, or 10 10 personal flotation device as appropriate. 10 11 9. A person shall not operate a personal watercraft at any 10 12 time after sunset and before eight a.m. of the following day. 10 13 10. A person shall not chase or harass wild animals while 10 14 operating a personal watercraft. 10 15 11. A person shall not operate a vessel while its capacity 10 16 is exceeded. A person being towed on a water ski, surfboard, 10 17 or similar device is included as part of the capacity of the 10 18 vessel. 10 19 12. An operator of a personal watercraft shall not tow 10 20 another person without an observer to monitor the progress of 10 21 those being towed. 10 22 13. Motorboats or personal watercraft shall maintain a 10 23 minimum passing or meeting distance of 100 feet when both 10 24 vessels are traveling at speeds of more than five miles per 10 25 hour, except as otherwise authorized under a special events 10 26 permit issued by the department. 10 27 Division II includes two sections which relate to vessel 10 28 accident reports. The first provision increases the amount of 10 29 property damage from $100 to $500 before a vessel collision 10 30 report is required to be filed with the natural resource 10 31 commission. The second provision provides that a report filed 10 32 by a law enforcement officer who investigated a vessel 10 33 accident shall be made available to each party to the 10 34 accident, each party's insurance company or its agent, each 10 35 party's attorney, or the attorney general, upon request and 11 1 payment of a $4 fee. The fee does not apply to requests of 11 2 the attorney general. 11 3 Division III provides for prohibiting the operation of a 11 4 motorboat or sailboat while intoxicated. 11 5 This division prohibits the operation of a motorboat or 11 6 sailboat while intoxicated by an alcoholic beverage, other 11 7 drug, or combination of the substances and imposes an implied 11 8 consent to test for those persons who are operating a 11 9 motorboat or sailboat similar to that applied in chapter 321J 11 10 to persons operating a motor vehicle. A person who operates a 11 11 motorboat or sailboat while intoxicated commits a serious 11 12 misdemeanor for a first offense, an aggravated misdemeanor for 11 13 a second offense, a class "D" felony for a third offense or 11 14 for a second offense if the offense resulted in a serious 11 15 bodily injury to another caused by the offender, and a class 11 16 "C" felony if the offense resulted in the death of another and 11 17 was caused by the offender. In addition to the criminal 11 18 penalties, the court shall order a person who commits a 11 19 misdemeanor offense of operating a motorboat or sailboat while 11 20 intoxicated not to operate a motorboat or sailboat for not 11 21 more than one year. For a person who commits an offense which 11 22 is a felony the court shall order the person not to operate a 11 23 motorboat or sailboat for not more than two years. Violation 11 24 of such an order is a simple misdemeanor. If a person refuses 11 25 to take a chemical test when requested by a peace officer, the 11 26 court shall order the person not to operate a motorboat or 11 27 sailboat for not more than one year. The bill provides for 11 28 preliminary screening of a suspect with a breath test, the 11 29 results of which may be used to determine if a chemical test 11 30 should be made. 11 31 LSB 1281DP 77 11 32 tj/sc/14.1
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