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Senate Study Bill 1027

Bill Text

PAG LIN
  1  1    Section 1.  Section 462A.2, Code 1999, is amended by adding
  1  2 the following new subsections:
  1  3    NEW SUBSECTION.  12A.  "Lanyard" means a cord, rope, or
  1  4 wire which connects an operator to a motorboat or motorized
  1  5 vessel and is designed to stop the motor when disconnected.
  1  6    NEW SUBSECTION.  22A.  "Personal watercraft" means a
  1  7 vessel, less than sixteen feet in length, which is propelled
  1  8 by a water jet pump or similar machinery as its primary source
  1  9 of motor propulsion and is designed to be operated by a person
  1 10 sitting, standing, or kneeling on the vessel rather than being
  1 11 operated by a person sitting, standing, or kneeling inside the
  1 12 vessel.
  1 13    Sec. 2.  Section 462A.6A, subsection 4, Code 1999, is
  1 14 amended to read as follows:
  1 15    4.  A sailboard.  However, the registration decal shall be
  1 16 attached to the bottom surface of the bow.
  1 17    Sec. 3.  Section 462A.9, subsection 6, Code 1999, is
  1 18 amended to read as follows:
  1 19    6.  a.  Every The owner or operator of each vessel shall
  1 20 provide that the vessel carry at least one life preserver,
  1 21 life belt, ring buoy, or other device, of the sort as
  1 22 prescribed by the rules of the commission, for each passenger,
  1 23 so placed as to be readily accessible.  This does not apply to
  1 24 a vessel which is a racing shell used in the sport of sculling
  1 25 or to a sailboard while used for windsurfing.
  1 26    b.  A person shall not operate a personal watercraft unless
  1 27 each person aboard is wearing an approved personal flotation
  1 28 device as prescribed by rule of the commission.
  1 29    Sec. 4.  Section 462A.9, Code 1999, is amended by adding
  1 30 the following new subsection:
  1 31    NEW SUBSECTION.  6A.  The owner of each personal watercraft
  1 32 registered in the state shall affix a proper operation decal
  1 33 on the vessel in a location that is clearly visible to a
  1 34 person sitting in the position of the operator.  The
  1 35 department shall provide proper operation decals to county
  2  1 recorders.  County recorders shall provide a proper operation
  2  2 decal to each owner of a personal watercraft when the
  2  3 watercraft is registered and assigned an identification
  2  4 number.  If the proper operation decal is lost, mutilated, or
  2  5 becomes illegible, the owner shall obtain a new decal as soon
  2  6 as possible from a county recorder or the department.
  2  7    Sec. 5.  NEW SECTION.  462A.9A  WATERCRAFT SAFETY COURSES
  2  8 – CERTIFICATION REQUIRED.
  2  9    The department shall establish a watercraft safety course
  2 10 approved by the commission not later than January 15, 2000.
  2 11 The watercraft safety course shall be administered by the
  2 12 department.  The department may use other organizations and
  2 13 volunteers for assistance in designing and implementing the
  2 14 watercraft safety course.  The watercraft safety course shall
  2 15 include all watercraft including personal watercraft in its
  2 16 curriculum and shall be taught in at least twelve counties
  2 17 commencing no later than January 15, 2000.  Not later than
  2 18 January 15, 2002, the watercraft safety course shall be taught
  2 19 in at least one-half of the counties in this state.  Each
  2 20 person who successfully completes an approved watercraft
  2 21 safety course shall be issued a watercraft safety certificate.
  2 22 The initial watercraft safety certificate shall be issued
  2 23 without a fee.  A duplicate watercraft safety certificate
  2 24 shall be issued upon request upon payment of a fee of five
  2 25 dollars.
  2 26    Sec. 6.  Section 462A.12, subsection 1, Code 1999, is
  2 27 amended to read as follows:
  2 28    1.  No A person shall not operate any vessel, or manipulate
  2 29 any water skis, surfboard, or similar device in a careless,
  2 30 reckless, or negligent manner so as to endanger the life,
  2 31 limb, or property of any person.  A person shall not operate a
  2 32 personal watercraft in a manner that causes the personal
  2 33 watercraft to become airborne while the personal watercraft
  2 34 crosses the wake of another vessel within one hundred feet of
  2 35 the other vessel.
  3  1    Sec. 7.  Section 462A.12, subsection 6, Code 1999, is
  3  2 amended by striking the subsection and inserting in lieu
  3  3 thereof the following:
  3  4    6.  a.  An owner or operator of any vessel propelled by a
  3  5 motor of more than six horsepower, including an owner of a
  3  6 boat livery, shall not permit any person under twelve years of
  3  7 age to operate the vessel unless accompanied by a responsible
  3  8 person of at least eighteen years of age.  However, commencing
  3  9 July 1, 2002, a person who is twelve years of age or older but
  3 10 less than eighteen years of age shall not operate any vessel
  3 11 propelled by a motor of more than six horsepower unless
  3 12 accompanied by a responsible person of at least eighteen years
  3 13 of age or unless the person under eighteen years of age has
  3 14 successfully completed an approved watercraft safety course
  3 15 and has a watercraft safety certificate in immediate
  3 16 possession.  Watercraft safety certificates from an approved
  3 17 course in another state or foreign nation will meet the
  3 18 requirements of this section.  A person required to have a
  3 19 watercraft safety certificate shall carry and shall exhibit
  3 20 the certificate upon request of an officer of the department.
  3 21 A violation of this paragraph is a simple misdemeanor as
  3 22 provided in section 462A.13.
  3 23    b.  After July 1, 2000, an owner or operator of a personal
  3 24 watercraft, including an owner of a boat livery, shall not
  3 25 permit any person who is under twelve years of age to operate
  3 26 a personal watercraft unless accompanied by a responsible
  3 27 person of at least eighteen years of age.  A person who is
  3 28 twelve years of age or older but less than eighteen years of
  3 29 age shall not operate a personal watercraft unless accompanied
  3 30 by a responsible person of at least eighteen years of age or
  3 31 unless the person under eighteen years of age has successfully
  3 32 completed an approved watercraft safety course and has a water
  3 33 safety certificate in immediate possession.  Watercraft safety
  3 34 certificates from an approved course in another state or
  3 35 foreign nation will meet the requirements of this section.  A
  4  1 person required to have a watercraft safety certificate shall
  4  2 carry and shall exhibit the certificate upon request of an
  4  3 officer of the department.  A violation of this paragraph is a
  4  4 simple misdemeanor as provided in section 462A.13.
  4  5    Sec. 8.  Section 462A.12, Code 1999, is amended by adding
  4  6 the following new subsections:
  4  7    NEW SUBSECTION.  12.  A person operating a personal
  4  8 watercraft equipped by the manufacturer with a lanyard-type
  4  9 engine cutoff switch shall attach the lanyard to the person's
  4 10 body, clothing, or personal flotation device as appropriate
  4 11 for the specific personal watercraft.
  4 12    NEW SUBSECTION.  13.  A person shall not operate a personal
  4 13 watercraft at any time between sunset and eight a.m.
  4 14    NEW SUBSECTION.  14.  A person shall not chase or harass
  4 15 wild animals while operating a personal watercraft.
  4 16    Sec. 9.  Section 462A.26, subsection 3, paragraph a,
  4 17 subparagraph (2), Code 1999, is amended by striking the
  4 18 subparagraph and inserting in lieu thereof the following:
  4 19    (2)  Motorboats or personal watercraft shall maintain a
  4 20 minimum passing or meeting distance of one hundred feet when
  4 21 both vessels are traveling at speeds greater than five miles
  4 22 per hour on public lakes or reservoirs or on the Mississippi
  4 23 or Missouri river.  A minimum passing or meeting distance of
  4 24 fifty feet shall be maintained when motorboats and personal
  4 25 watercraft are traveling at speeds over five miles per hour on
  4 26 other rivers and streams.  
  4 27                           EXPLANATION
  4 28    This bill includes the following requirements and
  4 29 restrictions regarding the operation of various types of
  4 30 vessels:
  4 31    1.  A personal watercraft is defined as a vessel, under 16
  4 32 feet in length, which is propelled by a water jet pump or
  4 33 similar machinery and is designed to be operated by a person
  4 34 sitting, standing, or kneeling on the vessel.
  4 35    2.  The operator of a personal watercraft is required to
  5  1 wear an approved personal flotation device.
  5  2    3.  This bill provides that the department make proper
  5  3 operation decals for all personal watercraft and that the
  5  4 owner is responsible for affixing the decal on the vessel
  5  5 where it is clearly visible to the operator.  The county
  5  6 recorders are responsible for distributing the decals when the
  5  7 watercraft is registered.
  5  8    4.  The department of natural resources shall establish a
  5  9 watercraft safety course which shall include personal
  5 10 watercraft curriculum and be taught in at least 12 counties
  5 11 not later than January 15, 2000.  Not later than January 15,
  5 12 2002, the watercraft safety course shall be taught in at least
  5 13 one-half of the counties.  A watercraft safety certificate
  5 14 shall be issued without fee upon successful completion of the
  5 15 course.  A five dollar fee shall be charged for a duplicate
  5 16 certificate.
  5 17    5.  A person under 12 years of age shall not operate a
  5 18 vessel propelled by a motor of more than six horsepower unless
  5 19 accompanied by a responsible person of at least 18 years of
  5 20 age.  However, commencing July 1, 2002, a person who is at
  5 21 least 12 years of age but less than 18 years of age shall not
  5 22 operate a vessel which is propelled by a motor of more than
  5 23 six horsepower unless accompanied by a responsible person of
  5 24 at least 18 years of age or unless the person under 18 years
  5 25 of age has successfully completed an approved watercraft
  5 26 safety course and has a watercraft safety certificate in
  5 27 immediate possession.
  5 28    6.  After July 1, 2000, an owner or operator of a personal
  5 29 watercraft, including the owner of a boat livery, shall not
  5 30 permit a person under 12 years of age to operate a personal
  5 31 watercraft unless accompanied by a responsible person of at
  5 32 least 18 years of age or unless the person who is 12 years of
  5 33 age or older or less than 18 years of age has successfully
  5 34 completed an approved watercraft safety course and has a
  5 35 watercraft safety certificate in immediate possession.
  6  1    7.  The owner or operator of each vessel shall provide that
  6  2 the vessel carry at least one life preserver, life belt, ring
  6  3 buoy, or other device as prescribed by rules of the commission
  6  4 for each passenger, which is placed to be easily accessible.
  6  5 This requirement does not apply to a racing shell or sailboard
  6  6 used for wind surfing.
  6  7    8.  The registration and capacity numbers are no longer
  6  8 required to be displayed on the bottom surface of a sailboat
  6  9 bow.
  6 10    9.  Personal watercraft shall not be operated in a manner
  6 11 which will cause the personal watercraft to become airborne
  6 12 while crossing the wake of another vessel within 100 feet of
  6 13 the other vessel.
  6 14    10.  Lanyard is defined as a cord, rope, or wire, which
  6 15 connects an operator with a motorized vessel and is designed
  6 16 to stop the motor when disconnected.
  6 17    11.  A person operating a personal watercraft equipped by
  6 18 the manufacturer with a lanyard-type engine cutoff is required
  6 19 to attach the lanyard to the operator's body, clothing, or
  6 20 personal flotation device as appropriate.
  6 21    12.  A person shall not operate a personal watercraft at
  6 22 any time after sunset and before eight a.m. of the following
  6 23 day.
  6 24    13.  A person shall not chase or harass wild animals while
  6 25 operating a personal watercraft.
  6 26    14.  Motorboats or personal watercraft shall maintain a
  6 27 minimum passing or meeting distance of 100 feet when both
  6 28 vessels are traveling at speeds of more than five miles per
  6 29 hour on public lakes or reservoirs or on the Mississippi or
  6 30 Missouri river.  A minimum passing or meeting distance of 50
  6 31 feet shall be maintained when motorboats or personal
  6 32 watercraft are traveling at speeds over five miles per hour on
  6 33 other rivers and streams.  
  6 34 LSB 1085DP 78
  6 35 tj/sc/14.2
     

Text: SSB01026                          Text: SSB01028
Text: SSB01000 - SSB01099               Text: SSB Index
Bills and Amendments: General Index     Bill History: General Index

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