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Senate Study Bill 3031

Bill Text

PAG LIN
  1  1    Section 1.  Section 462A.2, Code 2001, is amended by adding
  1  2 the following new subsections:
  1  3    NEW SUBSECTION.  16A.  "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.  27A.  "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.2, subsection 19, Code 2001, is
  1 14 amended to read as follows:
  1 15    19.  "Motorboat" means any vessel propelled by an inboard,
  1 16 inboard-outdrive, or outboard engine, whether or not such
  1 17 engine is the principal source of propulsion.  "Motorboat"
  1 18 includes a personal watercraft.
  1 19    Sec. 3.  Section 462A.6A, subsection 4, Code 2001, is
  1 20 amended to read as follows:
  1 21    4.  A sailboard.  However, the registration decal shall be
  1 22 attached to the bottom surface of the bow.
  1 23    Sec. 4.  Section 462A.9, subsection 6, Code Supplement
  1 24 2001, is amended to read as follows:
  1 25    6.  a.  Every The owner or operator of each vessel shall
  1 26 provide that the vessel carry at least one life preserver,
  1 27 life belt, ring buoy, or other device, of the sort as
  1 28 prescribed by the rules of the commission, for each passenger,
  1 29 so placed as to be readily accessible.  This does not apply to
  1 30 a vessel which is a racing shell used in the sport of sculling
  1 31 or to a sailboard while used for windsurfing.
  1 32    b.  A person shall not operate a personal watercraft unless
  1 33 each person aboard is wearing an approved personal flotation
  1 34 device as prescribed by the rules of the commission.
  1 35    Sec. 5.  NEW SECTION.  462A.9A  WATERCRAFT SAFETY COURSES
  2  1 – CERTIFICATION REQUIRED – PERSONAL WATERCRAFT PROPER
  2  2 OPERATION DECAL.
  2  3    1.  The department shall establish a watercraft safety
  2  4 course approved by the commission not later than January 15,
  2  5 2003.  The watercraft safety course shall be administered by
  2  6 the department.  A person who is eleven years of age or older
  2  7 may enroll in an approved watercraft safety course, but a
  2  8 person who is eleven years of age and who has successfully
  2  9 completed the course shall only be issued a certificate of
  2 10 completion which becomes valid on the person's twelfth
  2 11 birthday.  The department may use other organizations and
  2 12 volunteers for assistance in designing and implementing the
  2 13 watercraft safety course.  The watercraft safety course shall
  2 14 include all watercraft including personal watercraft in its
  2 15 curriculum.  Each person who successfully completes an
  2 16 approved watercraft safety course shall be issued a watercraft
  2 17 safety certificate.  The department's initial watercraft
  2 18 safety certificate shall be issued without a fee.  The
  2 19 department may recognize and approve other watercraft safety
  2 20 courses, such as those provided by the United States power
  2 21 squadron, the United States coast guard auxiliary, or others.
  2 22 A fee may be associated with taking any such course.  A
  2 23 duplicate watercraft safety certificate shall be issued upon
  2 24 request upon payment of a fee of five dollars.
  2 25    2.  The owner of each personal watercraft registered in the
  2 26 state shall affix a proper operation decal on the watercraft
  2 27 in a location that is clearly visible to a person sitting in
  2 28 the position of the operator.  The department shall provide
  2 29 proper operation decals to county recorders.  County recorders
  2 30 shall provide a proper operation decal to each owner of a
  2 31 personal watercraft when the watercraft is registered and
  2 32 assigned an identification number.  If the proper operation
  2 33 decal is lost, mutilated, or becomes illegible, the owner
  2 34 shall obtain a new decal as soon as possible from a county
  2 35 recorder or the department.
  3  1    Sec. 6.  Section 462A.12, subsection 1, Code Supplement
  3  2 2001, is amended to read as follows:
  3  3    1.  No A person shall not operate any vessel, or manipulate
  3  4 any water skis, surfboard, or similar device in a careless,
  3  5 reckless, or negligent manner so as to endanger the life,
  3  6 limb, or property of any person.  A person shall not operate a
  3  7 personal watercraft in a manner that causes the personal
  3  8 watercraft to become airborne while the personal watercraft
  3  9 crosses the wake of another vessel within one hundred feet of
  3 10 the other vessel.
  3 11    Sec. 7.  Section 462A.12, subsection 6, Code Supplement
  3 12 2001, is amended by striking the subsection and inserting in
  3 13 lieu thereof the following:
  3 14    6.  An owner or operator of any vessel propelled by a motor
  3 15 of more than ten horsepower, including an owner of a boat
  3 16 livery, shall not permit any person under twelve years of age
  3 17 to operate the vessel unless accompanied in or on the same
  3 18 vessel by a responsible person of at least eighteen years of
  3 19 age.  However, commencing January 1, 2005, a person who is
  3 20 twelve years of age or older but less than eighteen years of
  3 21 age shall not operate any vessel propelled by a motor of more
  3 22 than ten horsepower unless the person has successfully
  3 23 completed an approved watercraft safety course and has a
  3 24 watercraft safety certificate in immediate possession or is
  3 25 accompanied in or on the same vessel by a responsible person
  3 26 of at least eighteen years of age.  Watercraft safety
  3 27 certificates from an approved course in another state or
  3 28 foreign nation meet the requirements of this section.  A
  3 29 person required to have a watercraft safety certificate shall
  3 30 carry and shall exhibit the certificate upon request of an
  3 31 officer of the department.  A violation of this subsection is
  3 32 a simple misdemeanor as provided in section 462A.13.
  3 33    Sec. 8.  Section 462A.12, Code Supplement 2001, is amended
  3 34 by adding the following new subsections:
  3 35    NEW SUBSECTION.  12.  A person operating a personal
  4  1 watercraft equipped by the manufacturer with a lanyard-type
  4  2 engine cutoff switch shall attach the lanyard to the person's
  4  3 body, clothing, or personal flotation device as appropriate
  4  4 for the specific personal watercraft.
  4  5    NEW SUBSECTION.  13.  A person shall not operate a personal
  4  6 watercraft at any time between sunset and eight a.m.
  4  7    NEW SUBSECTION.  14.  A person shall not chase or harass
  4  8 wild animals while operating a personal watercraft.  
  4  9                           EXPLANATION
  4 10    This bill includes the following requirements and
  4 11 restrictions regarding the operation of various types of
  4 12 vessels:
  4 13    1.  "Personal watercraft" is defined as a vessel, under 16
  4 14 feet in length, which is propelled by a water jet pump or
  4 15 similar machinery and is designed to be operated by a person
  4 16 sitting, standing, or kneeling on the vessel.  "Motorboat" is
  4 17 also defined to include personal watercraft.
  4 18    2.  The operator of a personal watercraft is required to
  4 19 wear an approved personal flotation device.
  4 20    3.  The department of natural resources shall establish a
  4 21 watercraft safety course no later than January 15, 2003, which
  4 22 shall include personal watercraft curriculum.  A watercraft
  4 23 safety certificate shall be issued without fee upon successful
  4 24 completion of the course.  A $5 fee shall be charged for a
  4 25 duplicate certificate.  However, the department may recognize
  4 26 and approve other watercraft safety courses such as those
  4 27 provided by the United States power squadron, the United
  4 28 States coast guard auxiliary, or others.  A fee may be charged
  4 29 for these courses.
  4 30    4.  The department is required to make proper operation
  4 31 decals for all personal watercraft and the owner is
  4 32 responsible for affixing the decal on the vessel where it is
  4 33 clearly visible to the operator.  The county recorders are
  4 34 responsible for distributing the decals when the watercraft is
  4 35 registered.
  5  1    5.  A person under 12 years of age shall not operate a
  5  2 vessel propelled by a motor of more than 10 horsepower unless
  5  3 accompanied by a responsible person of at least 18 years of
  5  4 age.  However, commencing January 1, 2005, a person who is at
  5  5 least 12 years of age but less than 18 years of age shall not
  5  6 operate a vessel which is propelled by a motor of more than 10
  5  7 horsepower unless accompanied by a responsible person of at
  5  8 least 18 years of age or unless the person under 18 years of
  5  9 age has successfully completed an approved watercraft safety
  5 10 course and has a watercraft safety certificate in the person's
  5 11 immediate possession.
  5 12    6.  The owner or operator of each vessel shall provide that
  5 13 the vessel carry at least one life preserver, life belt, ring
  5 14 buoy, or other device as prescribed by rules of the commission
  5 15 for each passenger, which is placed to be easily accessible.
  5 16 This requirement does not apply to a racing shell or sailboard
  5 17 used for wind surfing.
  5 18    7.  The registration and capacity numbers are no longer
  5 19 required to be displayed on the bottom surface of a sailboat
  5 20 bow.
  5 21    8.  Personal watercraft shall not be operated in a manner
  5 22 which will cause the personal watercraft to become airborne
  5 23 while crossing the wake of another vessel within 100 feet of
  5 24 the other vessel.
  5 25    9.  "Lanyard" is defined as a cord, rope, or wire, which
  5 26 connects an operator with a motorized vessel and is designed
  5 27 to stop the motor when disconnected.
  5 28    10.  A person operating a personal watercraft equipped by
  5 29 the manufacturer with a lanyard-type engine cutoff is required
  5 30 to attach the lanyard to the operator's body, clothing, or
  5 31 personal flotation device as appropriate.
  5 32    11.  A person shall not operate a personal watercraft at
  5 33 any time after sunset and before eight a.m. of the following
  5 34 day.
  5 35    12.  A person shall not chase or harass wild animals while
  6  1 operating a personal watercraft.
  6  2    Violations of Code section 462A.9 is punishable as a
  6  3 scheduled fine of $20.  Violations of Code section 462A.12
  6  4 relating to watercraft safety certification, safe watercraft
  6  5 operation, hours of operation, and harassment of wild animals
  6  6 are punishable by a scheduled fine of $25.  
  6  7 LSB 5318DP 79
  6  8 tj/sh/8.1
     

Text: SSB03030                          Text: SSB03032
Text: SSB03000 - SSB03099               Text: SSB Index
Bills and Amendments: General Index     Bill History: General Index

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