| 1 | 1 | | 1.1 A bill for an act |
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| 2 | 2 | | 1.2 relating to natural resources; requiring safety education and permitting for certain |
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| 3 | 3 | | 1.3 watercraft operators; imposing certain obligations on motorboat rental businesses; |
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| 4 | 4 | | 1.4 amending Minnesota Statutes 2022, sections 86B.313, subdivision 4; 171.07, by |
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| 5 | 5 | | 1.5 adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter |
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| 6 | 6 | | 1.6 86B; repealing Minnesota Statutes 2022, sections 86B.101; 86B.305; 86B.313, |
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| 7 | 7 | | 1.7 subdivisions 2, 3. |
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| 8 | 8 | | 1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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| 9 | 9 | | 1.9 Section 1. [86B.30] DEFINITIONS. |
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| 10 | 10 | | 1.10 Subdivision 1.Applicability.The definitions in this section apply to sections 86B.30 |
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| 11 | 11 | | 1.11to 86B.341. |
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| 12 | 12 | | 1.12 Subd. 2.Accompanying operator."Accompanying operator" means a person 21 years |
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| 13 | 13 | | 1.13of age or older who: |
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| 14 | 14 | | 1.14 (1) is in a personal watercraft or other type of motorboat; |
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| 15 | 15 | | 1.15 (2) is within immediate reach of the controls of the motor; and |
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| 16 | 16 | | 1.16 (3) possesses a valid operator's permit or is an exempt operator. |
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| 17 | 17 | | 1.17 Subd. 3.Adult operator."Adult operator" means a motorboat operator, including a |
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| 18 | 18 | | 1.18personal watercraft operator, who is 12 years of age or older and who was: |
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| 19 | 19 | | 1.19 (1) effective July 1, 2025, born on or after July 1, 2004; |
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| 20 | 20 | | 1.20 (2) effective July 1, 2026, born on or after July 1, 2000; |
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| 21 | 21 | | 1.21 (3) effective July 1, 2027, born on or after July 1, 1996; and |
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| 22 | 22 | | 1.22 (4) effective July 1, 2028, born on or after July 1, 1987. |
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| 23 | 23 | | 1Section 1. |
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| 34 | 31 | | 2.2a personal watercraft operator, who is 12 years of age or older and who: |
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| 35 | 32 | | 2.3 (1) possesses a valid license to operate a motorboat issued for maritime personnel by |
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| 36 | 33 | | 2.4the United State Coast Guard under Code of Federal Regulations, title 46, part 10, or a |
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| 37 | 34 | | 2.5marine certificate issued by the Canadian government; |
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| 38 | 35 | | 2.6 (2) is not a resident of the state, is temporarily using the waters of the state for a period |
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| 39 | 36 | | 2.7not to exceed 60 days, and: |
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| 40 | 37 | | 2.8 (i) meets any applicable requirements of the state or country of residency; or |
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| 41 | 38 | | 2.9 (ii) possesses a Canadian pleasure craft operator's card; |
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| 42 | 39 | | 2.10 (3) is operating a motorboat under a dealer's license according to section 86B.405; or |
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| 43 | 40 | | 2.11 (4) is operating a motorboat during an emergency. |
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| 44 | 41 | | 2.12 Subd. 5.Motorboat rental business."Motorboat rental business" means a person |
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| 45 | 42 | | 2.13engaged in the business of renting or leasing motorboats, including personal watercraft, for |
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| 46 | 43 | | 2.14a period not exceeding 30 days. Motorboat rental business includes a person's agents and |
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| 47 | | - | 2.15employees but does not include a resort business. |
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| 48 | | - | 2.16 Subd. 6.Resort business."Resort business" means a person engaged in the business of |
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| 49 | | - | 2.17providing lodging and recreational services to transient guests and classified as a resort |
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| 50 | | - | 2.18under section 273.13, subdivision 22 or 25. A resort business includes a person's agents and |
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| 51 | | - | 2.19employees. |
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| 52 | | - | 2.20 Subd. 7.Young operator."Young operator" means a motorboat operator, including a |
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| 53 | | - | 2.21personal watercraft operator, younger than 12 years of age. |
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| 54 | | - | 2.22 EFFECTIVE DATE.This section is effective July 1, 2025. |
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| 55 | | - | 2.23 Sec. 2. [86B.302] WATERCRAFT OPERATOR'S PERMIT. |
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| 56 | | - | 2.24 Subdivision 1.Generally.The commissioner must issue a watercraft operator's permit |
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| 57 | | - | 2.25to a person 12 years of age or older who successfully completes a water safety course and |
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| 58 | | - | 2.26written test according to section 86B.304, paragraph (a), or who provides proof of completing |
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| 59 | | - | 2.27a program subject to a reciprocity agreement or certified by the commissioner as substantially |
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| 60 | | - | 2.28similar. |
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| 61 | | - | 2.29 Subd. 2.Issuing permit to certain young operators.The commissioner may issue a |
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| 62 | | - | 2.30permit under this section to a person who is at least 11 years of age, but the permit is not |
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| 63 | | - | 2.31valid until the person becomes an adult operator. |
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| 44 | + | 2.15employees. |
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| 45 | + | 2.16 Subd. 6.Young operator."Young operator" means a motorboat operator, including a |
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| 46 | + | 2.17personal watercraft operator, younger than 12 years of age. |
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| 47 | + | 2.18 EFFECTIVE DATE.This section is effective July 1, 2025. |
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| 48 | + | 2.19 Sec. 2. [86B.302] WATERCRAFT OPERATOR'S PERMIT. |
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| 49 | + | 2.20 Subdivision 1.Generally.The commissioner must issue a watercraft operator's permit |
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| 50 | + | 2.21to a person 12 years of age or older who successfully completes a water safety course and |
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| 51 | + | 2.22written test according to section 86B.304, paragraph (a), or who provides proof of completing |
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| 52 | + | 2.23a program subject to a reciprocity agreement or certified by the commissioner as substantially |
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| 53 | + | 2.24similar. |
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| 54 | + | 2.25 Subd. 2.Issuing permit to certain young operators.The commissioner may issue a |
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| 55 | + | 2.26permit under this section to a person who is at least 11 years of age, but the permit is not |
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| 56 | + | 2.27valid until the person becomes an adult operator. |
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| 57 | + | 2.28 Subd. 3.Personal possession required.(a) A person who is required to have a watercraft |
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| 58 | + | 2.29operator's permit must have in personal possession: |
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| 59 | + | 2.30 (1) a valid watercraft operator's permit; |
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| 65 | | - | REVISOR CKM H0949-1HF949 FIRST ENGROSSMENT 3.1 Subd. 3.Personal possession required.(a) A person who is required to have a watercraft |
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| 66 | | - | 3.2operator's permit must have in personal possession: |
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| 67 | | - | 3.3 (1) a valid watercraft operator's permit; |
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| 68 | | - | 3.4 (2) a driver's license that has a valid watercraft operator's permit indicator issued under |
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| 69 | | - | 3.5section 171.07, subdivision 20; or |
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| 70 | | - | 3.6 (3) an identification card that has a valid watercraft operator's permit indicator issued |
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| 71 | | - | 3.7under section 171.07, subdivision 20. |
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| 72 | | - | 3.8 (b) A person who is required to have a watercraft operator's permit must display one of |
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| 73 | | - | 3.9the documents described in paragraph (a) to a conservation officer or peace officer upon |
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| 74 | | - | 3.10request. |
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| 75 | | - | 3.11 Subd. 4.Using electronic device to display proof of permit.If a person uses an |
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| 76 | | - | 3.12electronic device to display a document described in subdivision 3 to a conservation officer |
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| 77 | | - | 3.13or peace officer: |
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| 78 | | - | 3.14 (1) the officer is immune from liability for any damage to the device, unless the officer |
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| 79 | | - | 3.15does not exercise due care in handling the device; and |
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| 80 | | - | 3.16 (2) this does not constitute consent for the officer to access other contents on the device. |
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| 81 | | - | 3.17 EFFECTIVE DATE.This section is effective July 1, 2025. |
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| 82 | | - | 3.18 Sec. 3. [86B.303] OPERATING PERSONAL WATERCRAFT AND OTHER |
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| 83 | | - | 3.19MOTORBOATS. |
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| 84 | | - | 3.20 Subdivision 1.Adult operators.An adult operator may not operate a motorboat, |
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| 85 | | - | 3.21including a personal watercraft, unless: |
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| 86 | | - | 3.22 (1) the adult operator possesses a valid watercraft operator's permit; |
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| 87 | | - | 3.23 (2) the adult operator is an exempt operator; or |
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| 88 | | - | 3.24 (3) an accompanying operator is in the motorboat. |
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| 89 | | - | 3.25 Subd. 2.Young operators.A young operator may not operate a motorboat, including |
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| 90 | | - | 3.26a personal watercraft, unless there is an accompanying operator in the boat or in case of an |
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| 91 | | - | 3.27emergency. |
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| 92 | | - | 3.28 Subd. 3.Accompanying operators.For purposes of this section and section 169A.20, |
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| 93 | | - | 3.29an accompanying operator, as well as the actual operator, is operating and is in physical |
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| 94 | | - | 3.30control of a motorboat. |
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| 61 | + | REVISOR CKM/BM 23-0103701/06/23 3.1 (2) a driver's license that has a valid watercraft operator's permit indicator issued under |
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| 62 | + | 3.2section 171.07, subdivision 20; or |
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| 63 | + | 3.3 (3) an identification card that has a valid watercraft operator's permit indicator issued |
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| 64 | + | 3.4under section 171.07, subdivision 20. |
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| 65 | + | 3.5 (b) A person who is required to have a watercraft operator's permit must display one of |
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| 66 | + | 3.6the documents described in paragraph (a) to a conservation officer or peace officer upon |
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| 67 | + | 3.7request. |
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| 68 | + | 3.8 Subd. 4.Using electronic device to display proof of permit.If a person uses an |
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| 69 | + | 3.9electronic device to display a document described in subdivision 3 to a conservation officer |
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| 70 | + | 3.10or peace officer: |
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| 71 | + | 3.11 (1) the officer is immune from liability for any damage to the device, unless the officer |
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| 72 | + | 3.12does not exercise due care in handling the device; and |
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| 73 | + | 3.13 (2) this does not constitute consent for the officer to access other contents on the device. |
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| 74 | + | 3.14 EFFECTIVE DATE.This section is effective July 1, 2025. |
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| 75 | + | 3.15 Sec. 3. [86B.303] OPERATING PERSONAL WATERCRAFT AND OTHER |
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| 76 | + | 3.16MOTORBOATS. |
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| 77 | + | 3.17 Subdivision 1.Adult operators.An adult operator may not operate a motorboat, |
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| 78 | + | 3.18including a personal watercraft, unless: |
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| 79 | + | 3.19 (1) the adult operator possesses a valid watercraft operator's permit; |
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| 80 | + | 3.20 (2) the adult operator is an exempt operator; or |
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| 81 | + | 3.21 (3) an accompanying operator is in the motorboat. |
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| 82 | + | 3.22 Subd. 2.Young operators.A young operator may not operate a motorboat, including |
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| 83 | + | 3.23a personal watercraft, unless there is an accompanying operator in the boat or in case of an |
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| 84 | + | 3.24emergency. |
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| 85 | + | 3.25 Subd. 3.Accompanying operators.For purposes of this section and section 169A.20, |
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| 86 | + | 3.26an accompanying operator, as well as the actual operator, is operating and is in physical |
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| 87 | + | 3.27control of a motorboat. |
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| 88 | + | 3.28 Subd. 4.Owners may not allow unlawful use.An owner or other person in lawful |
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| 89 | + | 3.29control of a motorboat may not allow the motorboat to be operated contrary to this section. |
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| 90 | + | 3.30 EFFECTIVE DATE.This section is effective July 1, 2025. |
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| 96 | | - | REVISOR CKM H0949-1HF949 FIRST ENGROSSMENT 4.1 Subd. 4.Owners may not allow unlawful use.An owner or other person in lawful |
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| 97 | | - | 4.2control of a motorboat may not allow the motorboat to be operated contrary to this section. |
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| 98 | | - | 4.3 EFFECTIVE DATE.This section is effective July 1, 2025. |
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| 99 | | - | 4.4 Sec. 4. [86B.304] WATERCRAFT SAFETY PROGRAM. |
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| 100 | | - | 4.5 (a) The commissioner must establish a water safety course and testing program for |
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| 101 | | - | 4.6personal watercraft and watercraft operators and must prescribe a written test as part of the |
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| 102 | | - | 4.7course. The course must be approved by the National Association of State Boating Law |
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| 103 | | - | 4.8Administrators and must be available online. The commissioner may allow designated water |
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| 104 | | - | 4.9safety courses administered by third parties to meet the requirements of this paragraph and |
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| 105 | | - | 4.10may enter into reciprocity agreements or otherwise certify boat safety education programs |
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| 106 | | - | 4.11from other states that are substantially similar to in-state programs. The commissioner must |
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| 107 | | - | 4.12establish a working group of interested parties to develop course content and implementation. |
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| 108 | | - | 4.13The course must include content on best management practices for mitigating aquatic |
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| 109 | | - | 4.14invasive species, reducing conflicts among user groups, and limiting the ecological impacts |
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| 110 | | - | 4.15of watercraft. |
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| 111 | | - | 4.16 (b) The commissioner must create or designate a short boater safety examination to be |
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| 112 | | - | 4.17administered by motorboat rental businesses, as required by section 86B.306, subdivision |
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| 113 | | - | 4.183. The examination developed under this paragraph must be one that can be administered |
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| 114 | | - | 4.19electronically or on paper, at the option of the motorboat rental business administering the |
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| 115 | | - | 4.20examination. |
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| 116 | | - | 4.21 EFFECTIVE DATE.This section is effective July 1, 2025. |
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| 117 | | - | 4.22 Sec. 5. [86B.306] MOTORBOAT RENTAL BUSINESSES. |
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| 118 | | - | 4.23 Subdivision 1.Requirements.A motorboat rental business must not rent or lease a |
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| 119 | | - | 4.24motorboat, including a personal watercraft, to any person for operation on waters of this |
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| 120 | | - | 4.25state unless the renter or lessee: |
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| 121 | | - | 4.26 (1) has a valid watercraft operator's permit or is an exempt operator; and |
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| 122 | | - | 4.27 (2) is 18 years of age or older. |
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| 123 | | - | 4.28 Subd. 2.Authorized operators.A motorboat rental business must list on each motorboat |
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| 124 | | - | 4.29rental or lease agreement the name and age of each operator who is authorized to operate |
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| 125 | | - | 4.30the motorboat or personal watercraft. The renter or lessee of the motorboat must ensure that |
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| 126 | | - | 4.31only listed authorized operators operate the motorboat or personal watercraft. |
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| 92 | + | REVISOR CKM/BM 23-0103701/06/23 4.1 Sec. 4. [86B.304] WATERCRAFT SAFETY PROGRAM. |
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| 93 | + | 4.2 (a) The commissioner must establish a water safety course and testing program for |
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| 94 | + | 4.3personal watercraft and watercraft operators and must prescribe a written test as part of the |
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| 95 | + | 4.4course. The course must be approved by the National Association of State Boating Law |
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| 96 | + | 4.5Administrators and must be available online. The commissioner may allow designated water |
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| 97 | + | 4.6safety courses administered by third parties to meet the requirements of this paragraph and |
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| 98 | + | 4.7may enter into reciprocity agreements or otherwise certify boat safety education programs |
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| 99 | + | 4.8from other states that are substantially similar to in-state programs. The commissioner must |
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| 100 | + | 4.9establish a working group of interested parties to develop course content and implementation. |
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| 101 | + | 4.10The course must include content on best management practices for mitigating aquatic |
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| 102 | + | 4.11invasive species, reducing conflicts among user groups, and limiting the ecological impacts |
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| 103 | + | 4.12of watercraft. |
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| 104 | + | 4.13 (b) The commissioner must create or designate a short boater safety examination to be |
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| 105 | + | 4.14administered by motorboat rental businesses, as required by section 86B.306, subdivision |
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| 106 | + | 4.153. The examination developed under this paragraph must be one that can be administered |
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| 107 | + | 4.16electronically or on paper, at the option of the motorboat rental business administering the |
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| 108 | + | 4.17examination. |
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| 109 | + | 4.18 EFFECTIVE DATE.This section is effective July 1, 2025. |
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| 110 | + | 4.19 Sec. 5. [86B.306] MOTORBOAT RENTAL BUSINESSES. |
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| 111 | + | 4.20 Subdivision 1.Requirements.A motorboat rental business must not rent or lease a |
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| 112 | + | 4.21motorboat, including a personal watercraft, to any person for operation on waters of this |
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| 113 | + | 4.22state unless the renter or lessee: |
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| 114 | + | 4.23 (1) has a valid watercraft operator's permit or is an exempt operator; and |
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| 115 | + | 4.24 (2) is 18 years of age or older. |
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| 116 | + | 4.25 Subd. 2.Authorized operators.A motorboat rental business must list on each motorboat |
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| 117 | + | 4.26rental or lease agreement the name and age of each operator who is authorized to operate |
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| 118 | + | 4.27the motorboat or personal watercraft. The renter or lessee of the motorboat must ensure that |
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| 119 | + | 4.28only listed authorized operators operate the motorboat or personal watercraft. |
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| 120 | + | 4.29 Subd. 3.Summary of boating regulations; examination.(a) A motorboat rental |
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| 121 | + | 4.30business must provide each authorized operator a summary of the statutes and rules governing |
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| 122 | + | 4.31operation of motorboats and personal watercraft in the state and instructions for safe |
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| 123 | + | 4.32operation. |
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| 128 | | - | REVISOR CKM H0949-1HF949 FIRST ENGROSSMENT 5.1 Subd. 3.Summary of boating regulations; examination.(a) A motorboat rental |
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| 129 | | - | 5.2business must provide each authorized operator a summary of the statutes and rules governing |
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| 130 | | - | 5.3operation of motorboats and personal watercraft in the state and instructions for safe |
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| 131 | | - | 5.4operation. |
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| 132 | | - | 5.5 (b) Each authorized operator must review the summary provided under this subdivision |
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| 133 | | - | 5.6and must take a short boater safety examination in a form approved by the commissioner |
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| 134 | | - | 5.7before the motorboat or personal watercraft leaves the motorboat rental business premises, |
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| 135 | | - | 5.8unless the authorized operator has taken the examination during the previous 60 days. |
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| 136 | | - | 5.9 Subd. 4.Safety equipment for personal watercraft.A motorboat rental business must |
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| 137 | | - | 5.10provide to all persons who rent a personal watercraft, at no additional cost, a United States |
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| 138 | | - | 5.11Coast Guard (USCG) approved wearable personal flotation device with a USCG label |
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| 139 | | - | 5.12indicating it either is approved for or does not prohibit use with personal watercraft or |
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| 140 | | - | 5.13water-skiing and any other required safety equipment. |
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| 141 | | - | 5.14 EFFECTIVE DATE.This section is effective July 1, 2025. |
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| 142 | | - | 5.15 Sec. 6. Minnesota Statutes 2022, section 86B.313, subdivision 4, is amended to read: |
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| 143 | | - | 5.16 Subd. 4.Dealers and rental operations.(a) A dealer of personal watercraft shall |
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| 144 | | - | 5.17distribute a summary of the laws and rules governing the operation of personal watercraft |
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| 145 | | - | 5.18and, upon request, shall provide instruction to a purchaser regarding: |
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| 146 | | - | 5.19 (1) the laws and rules governing personal watercraft; and |
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| 147 | | - | 5.20 (2) the safe operation of personal watercraft. |
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| 148 | | - | 5.21 (b) A person who offers personal watercraft for rent: |
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| 149 | | - | 5.22 (1) shall provide a summary of the laws and rules governing the operation of personal |
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| 150 | | - | 5.23watercraft and provide instruction regarding the laws and rules and the safe operation of |
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| 151 | | - | 5.24personal watercraft to each person renting a personal watercraft; |
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| 152 | | - | 5.25 (2) shall provide a United States Coast Guard (USCG) approved wearable personal |
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| 153 | | - | 5.26flotation device with a USCG label indicating it either is approved for or does not prohibit |
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| 154 | | - | 5.27use with personal watercraft or water-skiing and any other required safety equipment to all |
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| 155 | | - | 5.28persons who rent a personal watercraft at no additional cost; and |
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| 156 | | - | 5.29 (3) shall require that a watercraft operator's permit from this state or from the operator's |
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| 157 | | - | 5.30state of residence be shown each time a personal watercraft is rented to any person younger |
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| 158 | | - | 5.31than age 18 and shall record the permit on the form provided by the commissioner. |
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| 125 | + | REVISOR CKM/BM 23-0103701/06/23 5.1 (b) Each authorized operator must review the summary provided under this subdivision |
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| 126 | + | 5.2and must take a short boater safety examination in a form approved by the commissioner |
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| 127 | + | 5.3before the motorboat or personal watercraft leaves the motorboat rental business premises, |
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| 128 | + | 5.4unless the authorized operator has taken the examination during the previous 60 days. |
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| 129 | + | 5.5 Subd. 4.Safety equipment for personal watercraft.A motorboat rental business must |
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| 130 | + | 5.6provide to all persons who rent a personal watercraft, at no additional cost, a United States |
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| 131 | + | 5.7Coast Guard (USCG) approved wearable personal flotation device with a USCG label |
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| 132 | + | 5.8indicating it either is approved for or does not prohibit use with personal watercraft or |
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| 133 | + | 5.9water-skiing and any other required safety equipment. |
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| 134 | + | 5.10 EFFECTIVE DATE.This section is effective July 1, 2025. |
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| 135 | + | 5.11 Sec. 6. Minnesota Statutes 2022, section 86B.313, subdivision 4, is amended to read: |
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| 136 | + | 5.12 Subd. 4.Dealers and rental operations.(a) A dealer of personal watercraft shall |
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| 137 | + | 5.13distribute a summary of the laws and rules governing the operation of personal watercraft |
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| 138 | + | 5.14and, upon request, shall provide instruction to a purchaser regarding: |
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| 139 | + | 5.15 (1) the laws and rules governing personal watercraft; and |
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| 140 | + | 5.16 (2) the safe operation of personal watercraft. |
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| 141 | + | 5.17 (b) A person who offers personal watercraft for rent: |
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| 142 | + | 5.18 (1) shall provide a summary of the laws and rules governing the operation of personal |
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| 143 | + | 5.19watercraft and provide instruction regarding the laws and rules and the safe operation of |
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| 144 | + | 5.20personal watercraft to each person renting a personal watercraft; |
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| 145 | + | 5.21 (2) shall provide a United States Coast Guard (USCG) approved wearable personal |
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| 146 | + | 5.22flotation device with a USCG label indicating it either is approved for or does not prohibit |
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| 147 | + | 5.23use with personal watercraft or water-skiing and any other required safety equipment to all |
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| 148 | + | 5.24persons who rent a personal watercraft at no additional cost; and |
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| 149 | + | 5.25 (3) shall require that a watercraft operator's permit from this state or from the operator's |
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| 150 | + | 5.26state of residence be shown each time a personal watercraft is rented to any person younger |
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| 151 | + | 5.27than age 18 and shall record the permit on the form provided by the commissioner. |
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| 152 | + | 5.28 (c) Each dealer of personal watercraft or person offering personal watercraft for rent |
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| 153 | + | 5.29shall have the person who purchases or rents a personal watercraft sign a form provided by |
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| 154 | + | 5.30the commissioner acknowledging that the purchaser or renter has been provided a copy of |
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| 155 | + | 5.31the laws and rules regarding personal watercraft operation and has read them. The form |
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| 156 | + | 5.32must be retained by the dealer or person offering personal watercraft for rent for a period |
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| 160 | | - | REVISOR CKM H0949-1HF949 FIRST ENGROSSMENT 6.1 (c) Each dealer of personal watercraft or person offering personal watercraft for rent |
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| 161 | | - | 6.2shall have the person who purchases or rents a personal watercraft sign a form provided by |
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| 162 | | - | 6.3the commissioner acknowledging that the purchaser or renter has been provided a copy of |
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| 163 | | - | 6.4the laws and rules regarding personal watercraft operation and has read them. The form |
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| 164 | | - | 6.5must be retained by the dealer or person offering personal watercraft for rent for a period |
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| 165 | | - | 6.6of six months following the date of signature and must be made available for inspection by |
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| 166 | | - | 6.7sheriff's deputies or conservation officers during normal business hours. |
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| 167 | | - | 6.8 EFFECTIVE DATE.This section is effective July 1, 2025. |
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| 168 | | - | 6.9 Sec. 7. Minnesota Statutes 2022, section 171.07, is amended by adding a subdivision to |
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| 169 | | - | 6.10read: |
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| 170 | | - | 6.11 Subd. 20.Watercraft operator's permit.(a) The department must maintain in its |
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| 171 | | - | 6.12records information transmitted electronically from the commissioner of natural resources |
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| 172 | | - | 6.13identifying each person to whom the commissioner has issued a watercraft operator's permit. |
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| 173 | | - | 6.14The records transmitted from the Department of Natural Resources must contain the full |
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| 174 | | - | 6.15name and date of birth as required for the driver's license or identification card. Records |
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| 175 | | - | 6.16that are not matched to a driver's license or identification card record may be deleted after |
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| 176 | | - | 6.17seven years. |
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| 177 | | - | 6.18 (b) After receiving information under paragraph (a) that a person has received a watercraft |
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| 178 | | - | 6.19operator's permit, the department must include on all drivers' licenses or Minnesota |
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| 179 | | - | 6.20identification cards subsequently issued to the person a graphic or written indication that |
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| 180 | | - | 6.21the person has received the permit. |
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| 181 | | - | 6.22 (c) If a person who has received a watercraft operator's permit applies for a driver's |
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| 182 | | - | 6.23license or Minnesota identification card before that information has been transmitted to the |
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| 183 | | - | 6.24department, the department may accept a copy of the certificate as proof of its issuance and |
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| 184 | | - | 6.25must then follow the procedures in paragraph (b). |
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| 185 | | - | 6.26 EFFECTIVE DATE.This section is effective July 1, 2025. |
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| 186 | | - | 6.27 Sec. 8. REPEALER. |
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| 187 | | - | 6.28 Minnesota Statutes 2022, sections 86B.101; 86B.305; and 86B.313, subdivisions 2 and |
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| 188 | | - | 6.293, are repealed. |
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| 189 | | - | 6.30 EFFECTIVE DATE.This section is effective July 1, 2025. |
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| 158 | + | REVISOR CKM/BM 23-0103701/06/23 6.1of six months following the date of signature and must be made available for inspection by |
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| 159 | + | 6.2sheriff's deputies or conservation officers during normal business hours. |
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| 160 | + | 6.3 EFFECTIVE DATE.This section is effective July 1, 2025. |
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| 161 | + | 6.4 Sec. 7. Minnesota Statutes 2022, section 171.07, is amended by adding a subdivision to |
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| 162 | + | 6.5read: |
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| 163 | + | 6.6 Subd. 20.Watercraft operator's permit.(a) The department must maintain in its |
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| 164 | + | 6.7records information transmitted electronically from the commissioner of natural resources |
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| 165 | + | 6.8identifying each person to whom the commissioner has issued a watercraft operator's permit. |
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| 166 | + | 6.9The records transmitted from the Department of Natural Resources must contain the full |
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| 167 | + | 6.10name and date of birth as required for the driver's license or identification card. Records |
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| 168 | + | 6.11that are not matched to a driver's license or identification card record may be deleted after |
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| 169 | + | 6.12seven years. |
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| 170 | + | 6.13 (b) After receiving information under paragraph (a) that a person has received a watercraft |
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| 171 | + | 6.14operator's permit, the department must include on all drivers' licenses or Minnesota |
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| 172 | + | 6.15identification cards subsequently issued to the person a graphic or written indication that |
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| 173 | + | 6.16the person has received the permit. |
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| 174 | + | 6.17 (c) If a person who has received a watercraft operator's permit applies for a driver's |
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| 175 | + | 6.18license or Minnesota identification card before that information has been transmitted to the |
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| 176 | + | 6.19department, the department may accept a copy of the certificate as proof of its issuance and |
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| 177 | + | 6.20must then follow the procedures in paragraph (b). |
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| 178 | + | 6.21 EFFECTIVE DATE.This section is effective July 1, 2025. |
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| 179 | + | 6.22 Sec. 8. REPEALER. |
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| 180 | + | 6.23 Minnesota Statutes 2022, sections 86B.101; 86B.305; and 86B.313, subdivisions 2 and |
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| 181 | + | 6.243, are repealed. |
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| 182 | + | 6.25 EFFECTIVE DATE.This section is effective July 1, 2025. |
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| 192 | 185 | | Subdivision 1.Safety program.The commissioner shall continue and expand the comprehensive |
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| 193 | 186 | | boat safety and education program. The commissioner shall cooperate with boaters, governmental |
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| 194 | 187 | | subdivisions, state agencies, other states, and the federal government in the operation of the program. |
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| 195 | 188 | | Subd. 2.Youth watercraft safety course.(a) The commissioner shall establish an educational |
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| 196 | 189 | | course and a testing program for personal watercraft and watercraft operators and for persons age |
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| 197 | 190 | | 12 or older but younger than age 18 required to take the watercraft safety course. The commissioner |
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| 198 | 191 | | shall prescribe a written test as part of the course. A personal watercraft educational course and |
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| 199 | 192 | | testing program that emphasizes safe and legal operation must be required for persons age 13 or |
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| 200 | 193 | | older but younger than age 18 operating personal watercraft. |
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| 201 | 194 | | (b) The commissioner shall issue a watercraft operator's permit to a person age 12 or older but |
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| 202 | 195 | | younger than age 18 who successfully completes the educational program and the written test. |
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| 203 | 196 | | Subd. 3.Operator's permit.The commissioner shall issue a watercraft operator's permit to a |
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| 204 | 197 | | person who successfully qualifies for a watercraft operator's permit under the boat safety education |
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| 205 | 198 | | program. |
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| 206 | 199 | | Subd. 4.Boat safety education program; reciprocity with other states.The commissioner |
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| 207 | 200 | | may enter into reciprocity agreements or otherwise certify boat safety education programs from |
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| 208 | 201 | | other states that are substantially similar to in-state programs. The commissioner shall issue a |
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| 209 | 202 | | watercraft operator's permit to a person who provides proof of completion of a program subject to |
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| 210 | 203 | | a reciprocity agreement or certified as substantially similar. |
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| 211 | 204 | | 86B.305 YOUTH OPERATORS. |
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| 212 | 205 | | Subdivision 1.Under age 12.(a) Except in case of an emergency, a person under age 12 may |
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| 213 | 206 | | not operate or be allowed to operate a watercraft propelled by a motor with a factory rating of more |
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| 214 | 207 | | than 25 horsepower unless there is present in the watercraft, in addition to the operator, at least one |
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| 215 | 208 | | person age 21 or older who is within immediate reach of the controls of the motor. For purposes |
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| 216 | 209 | | of section 169A.20, the person age 21 or older, as well as the actual operator, is in physical control |
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| 217 | 210 | | of the motorboat. |
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| 218 | 211 | | (b) A person under age 12 may not operate or be allowed to operate a watercraft propelled by |
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| 219 | 212 | | a motor with a factory rating of more than 75 horsepower. |
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| 220 | 213 | | Subd. 2.Age 12 to 17; permit required.Except as provided in this subdivision, a person age |
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| 221 | 214 | | 12 or older and younger than age 18 may not operate a motorboat powered by a motor over 25 |
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| 222 | 215 | | horsepower without possessing a valid watercraft operator's permit from this state or from the |
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| 223 | 216 | | operator's state of residence unless there is a person age 21 or older in the motorboat who is within |
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| 224 | 217 | | immediate reach of the controls of the motor. For purposes of section 169A.20, the person age 21 |
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| 225 | 218 | | or older, as well as the actual operator, is in physical control of the motorboat. |
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| 226 | 219 | | Subd. 3.Owners may not allow certain uses.An owner of a watercraft may not allow a |
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| 227 | 220 | | watercraft to be operated contrary to the provisions of subdivision 2. |
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| 228 | 221 | | 86B.313 PERSONAL WATERCRAFT; REGULATIONS. |
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| 229 | 222 | | Subd. 2.Age of operator.Except in the case of an emergency, a person under the age of 13 |
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| 230 | 223 | | years may not operate or be permitted to operate a personal watercraft, regardless of horsepower. |
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| 231 | 224 | | It is unlawful for the owner of a personal watercraft to permit the personal watercraft to be operated |
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| 232 | 225 | | contrary to this subdivision. |
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| 233 | 226 | | Subd. 3.Operator's permit; adult supervision.Except in the case of an emergency, a person |
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| 234 | 227 | | 13 years of age or over but less than 18 years of age may not operate a personal watercraft, regardless |
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| 235 | 228 | | of horsepower, without possessing a valid watercraft operator's permit as required by section |
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| 236 | 229 | | 86B.305, unless there is a person 21 years of age or older on board the craft. In addition to the |
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| 237 | 230 | | permit requirement, a person 13 years of age operating a personal watercraft must remain under |
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| 238 | 231 | | visual supervision by a person who is 21 years of age or older. An owner of a personal watercraft |
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| 239 | 232 | | may not permit the personal watercraft to be operated contrary to this subdivision. |
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| 240 | 233 | | 1R |
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| 241 | 234 | | APPENDIX |
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