House File 2356 - Introduced



                                       HOUSE FILE       
                                       BY  PETERSEN


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to an adult boater safety education program and
  2    providing a penalty and an effective date.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 5950YH 82
  5 av/nh/8

PAG LIN



  1  1    Section 1.  Section 462A.12, Code Supplement 2007, is
  1  2 amended by adding the following new subsection:
  1  3    NEW SUBSECTION.  6A.  A person born after January 1, 1991,
  1  4 shall not operate a vessel propelled by a motor of more than
  1  5 ten horsepower unless the person has successfully completed a
  1  6 department=approved watercraft safety course and obtained a
  1  7 watercraft safety certificate.  A person required to have a
  1  8 watercraft safety certificate shall carry and shall exhibit or
  1  9 make available the certificate upon request of an officer of
  1 10 the department.  A violation of this subsection is a simple
  1 11 misdemeanor as provided in section 462A.13.  However, a person
  1 12 charged with violating this subsection shall not be convicted
  1 13 if the person produces in court, within a reasonable time, a
  1 14 department=approved certificate.  The cost of a department
  1 15 certificate, or any duplicate, shall not exceed five dollars.
  1 16    Sec. 2.  EFFECTIVE DATE.  This bill takes effect January 1,
  1 17 2009.
  1 18                           EXPLANATION
  1 19    This bill prohibits a person who is 18 years of age or
  1 20 older at the time that the bill becomes effective and
  1 21 thereafter, from operating a vessel propelled by a motor of
  1 22 more than 10 horsepower unless the person has successfully
  1 23 completed a watercraft safety course approved by the
  1 24 department of natural resources and obtained a watercraft
  1 25 safety certificate.  The bill also requires such a person to
  1 26 carry and exhibit or make available the certificate upon
  1 27 request of an officer of the department.
  1 28    A violation of the provision is a simple misdemeanor.  A
  1 29 simple misdemeanor is punishable by confinement for no more
  1 30 than 30 days or a fine of at least $65 but not more than $625
  1 31 or by both.  However, a person charged with a violation of the
  1 32 provision shall not be convicted if the person produces the
  1 33 certificate in court within a reasonable time.  The cost of
  1 34 the certificate, or any duplicate, cannot exceed $5.
  1 35    The bill takes effect January 1, 2009.
  2  1 LSB 5950YH 82
  2  2 av/nh/8