Minnesota 2023 2023-2024 Regular Session

Minnesota Senate Bill SF553 Engrossed / Bill

Filed 03/14/2023

                    1.1	A bill for an act​
1.2 relating to natural resources; requiring safety education and permitting for certain​
1.3 watercraft operators; imposing certain obligations on motorboat rental businesses;​
1.4 appropriating money; amending Minnesota Statutes 2022, sections 86B.313,​
1.5 subdivision 4; 171.07, by adding a subdivision; proposing coding for new law in​
1.6 Minnesota Statutes, chapter 86B; repealing Minnesota Statutes 2022, sections​
1.7 86B.101; 86B.305; 86B.313, subdivisions 2, 3.​
1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:​
1.9 Section 1. [86B.30] DEFINITIONS.​
1.10 Subdivision 1.Applicability.The definitions in this section apply to sections 86B.30​
1.11to 86B.341.​
1.12 Subd. 2.Accompanying operator."Accompanying operator" means a person 21 years​
1.13of age or older who:​
1.14 (1) is in a personal watercraft or other type of motorboat;​
1.15 (2) is within immediate reach of the controls of the motor; and​
1.16 (3) possesses a valid operator's permit or is an exempt operator.​
1.17 Subd. 3.Adult operator."Adult operator" means a motorboat operator, including a​
1.18personal watercraft operator, who is 12 years of age or older and who was:​
1.19 (1) effective July 1, 2025, born on or after July 1, 2004;​
1.20 (2) effective July 1, 2026, born on or after July 1, 2000;​
1.21 (3) effective July 1, 2027, born on or after July 1, 1996; and​
1.22 (4) effective July 1, 2028, born on or after July 1, 1987.​
1​Section 1.​
S0553-2 2nd Engrossment​SF553 REVISOR CKM​
SENATE​
STATE OF MINNESOTA​
S.F. No. 553​NINETY-THIRD SESSION​
(SENATE AUTHORS: MORRISON, Hawj and Hoffman)​
OFFICIAL STATUS​D-PG​DATE​
Introduction and first reading​337​01/23/2023​
Referred to Environment, Climate, and Legacy​
Comm report: To pass as amended and re-refer to Transportation​1234a​03/02/2023​
Comm report: To pass as amended and re-refer to Environment, Climate, and Legacy​03/14/2023​ 2.1 Subd. 4.Exempt operator."Exempt operator" means a motorboat operator, including​
2.2a personal watercraft operator, who is 12 years of age or older and who:​
2.3 (1) possesses a valid license to operate a motorboat issued for maritime personnel by​
2.4the United State Coast Guard under Code of Federal Regulations, title 46, part 10, or a​
2.5marine certificate issued by the Canadian government;​
2.6 (2) is not a resident of the state, is temporarily using the waters of the state for a period​
2.7not to exceed 60 days, and:​
2.8 (i) meets any applicable requirements of the state or country of residency; or​
2.9 (ii) possesses a Canadian pleasure craft operator's card;​
2.10 (3) is operating a motorboat under a dealer's license according to section 86B.405; or​
2.11 (4) is operating a motorboat during an emergency.​
2.12 Subd. 5.Motorboat rental business."Motorboat rental business" means a person​
2.13engaged in the business of renting or leasing motorboats, including personal watercraft, for​
2.14a period not exceeding 30 days. Motorboat rental business includes a person's agents and​
2.15employees.​
2.16 Subd. 6.Young operator."Young operator" means a motorboat operator, including a​
2.17personal watercraft operator, younger than 12 years of age.​
2.18 EFFECTIVE DATE.This section is effective July 1, 2025.​
2.19 Sec. 2. [86B.302] WATERCRAFT OPERATOR'S PERMIT.​
2.20 Subdivision 1.Generally.The commissioner must issue a watercraft operator's permit​
2.21to a person 12 years of age or older who successfully completes a water safety course and​
2.22written test according to section 86B.304, paragraph (a), or who provides proof of completing​
2.23a program subject to a reciprocity agreement or certified by the commissioner as substantially​
2.24similar.​
2.25 Subd. 2.Issuing permit to certain young operators.The commissioner may issue a​
2.26permit under this section to a person who is at least 11 years of age, but the permit is not​
2.27valid until the person becomes an adult operator.​
2.28 Subd. 3.Personal possession required.(a) A person who is required to have a watercraft​
2.29operator's permit must have in personal possession:​
2.30 (1) a valid watercraft operator's permit;​
2​Sec. 2.​
S0553-2 2nd Engrossment​SF553 REVISOR CKM​ 3.1 (2) a driver's license that has a valid watercraft operator's permit indicator issued under​
3.2section 171.07, subdivision 20; or​
3.3 (3) an identification card that has a valid watercraft operator's permit indicator issued​
3.4under section 171.07, subdivision 20.​
3.5 (b) A person who is required to have a watercraft operator's permit must display one of​
3.6the documents described in paragraph (a) to a conservation officer or peace officer upon​
3.7request.​
3.8 Subd. 4.Using electronic device to display proof of permit.If a person uses an​
3.9electronic device to display a document described in subdivision 3 to a conservation officer​
3.10or peace officer:​
3.11 (1) the officer is immune from liability for any damage to the device, unless the officer​
3.12does not exercise due care in handling the device; and​
3.13 (2) this does not constitute consent for the officer to access other contents on the device.​
3.14 EFFECTIVE DATE.This section is effective July 1, 2025.​
3.15 Sec. 3. [86B.303] OPERATING PERSONAL WATERCRAFT AND OTHER​
3.16MOTORBOATS.​
3.17 Subdivision 1.Adult operators.An adult operator may not operate a motorboat,​
3.18including a personal watercraft, unless:​
3.19 (1) the adult operator possesses a valid watercraft operator's permit;​
3.20 (2) the adult operator is an exempt operator; or​
3.21 (3) an accompanying operator is in the motorboat.​
3.22 Subd. 2.Young operators.(a) A young operator may not operate a personal watercraft​
3.23or any motorboat powered by a motor with a factory rating of more than 75 horsepower.​
3.24 (b) A young operator may operate a motorboat that is not a personal watercraft and that​
3.25is powered by a motor with a factory rating of less than 75 horsepower if an accompanying​
3.26operator is in the motorboat.​
3.27 Subd. 3.Accompanying operators.For purposes of this section and section 169A.20,​
3.28an accompanying operator, as well as the actual operator, is operating and is in physical​
3.29control of a motorboat.​
3.30 Subd. 4.Owners may not allow unlawful use.An owner or other person in lawful​
3.31control of a motorboat may not allow the motorboat to be operated contrary to this section.​
3​Sec. 3.​
S0553-2 2nd Engrossment​SF553 REVISOR CKM​ 4.1 EFFECTIVE DATE.This section is effective July 1, 2025.​
4.2 Sec. 4. [86B.304] WATERCRAFT SAFETY PROGRAM.​
4.3 (a) The commissioner must establish a water safety course and testing program for​
4.4personal watercraft and watercraft operators and must prescribe a written test as part of the​
4.5course. The course must be approved by the National Association of State Boating Law​
4.6Administrators and must be available online. The commissioner may allow designated water​
4.7safety courses administered by third parties to meet the requirements of this paragraph and​
4.8may enter into reciprocity agreements or otherwise certify boat safety education programs​
4.9from other states that are substantially similar to in-state programs. The commissioner must​
4.10establish a working group of interested parties to develop course content and implementation.​
4.11The course must include content on best management practices for mitigating aquatic​
4.12invasive species, reducing conflicts among user groups, and limiting the ecological impacts​
4.13of watercraft.​
4.14 (b) The commissioner must create or designate a short boater safety examination to be​
4.15administered by motorboat rental businesses, as required by section 86B.306, subdivision​
4.163. The examination developed under this paragraph must be one that can be administered​
4.17electronically or on paper, at the option of the motorboat rental business administering the​
4.18examination.​
4.19 EFFECTIVE DATE.This section is effective July 1, 2025.​
4.20 Sec. 5. [86B.306] MOTORBOAT RENTAL BUSINESSES.​
4.21 Subdivision 1.Requirements.A motorboat rental business must not rent or lease a​
4.22motorboat, including a personal watercraft, to any person for operation on waters of this​
4.23state unless the renter or lessee:​
4.24 (1) has a valid watercraft operator's permit or is an exempt operator; and​
4.25 (2) is 18 years of age or older.​
4.26 Subd. 2.Authorized operators.A motorboat rental business must list on each motorboat​
4.27rental or lease agreement the name and age of each operator who is authorized to operate​
4.28the motorboat or personal watercraft. The renter or lessee of the motorboat must ensure that​
4.29only listed authorized operators operate the motorboat or personal watercraft.​
4.30 Subd. 3.Summary of boating regulations; examination.(a) A motorboat rental​
4.31business must provide each authorized operator a summary of the statutes and rules governing​
4​Sec. 5.​
S0553-2 2nd Engrossment​SF553 REVISOR CKM​ 5.1operation of motorboats and personal watercraft in the state and instructions for safe​
5.2operation.​
5.3 (b) Each authorized operator must review the summary provided under this subdivision​
5.4and must take a short boater safety examination in a form approved by the commissioner​
5.5before the motorboat or personal watercraft leaves the motorboat rental business premises,​
5.6unless the authorized operator has taken the examination during the previous 60 days.​
5.7 Subd. 4.Safety equipment for personal watercraft.A motorboat rental business must​
5.8provide to all persons who rent a personal watercraft, at no additional cost, a United States​
5.9Coast Guard (USCG) approved wearable personal flotation device with a USCG label​
5.10indicating it either is approved for or does not prohibit use with personal watercraft or​
5.11water-skiing and any other required safety equipment.​
5.12 EFFECTIVE DATE.This section is effective July 1, 2025.​
5.13 Sec. 6. Minnesota Statutes 2022, section 86B.313, subdivision 4, is amended to read:​
5.14 Subd. 4.Dealers and rental operations.(a) A dealer of personal watercraft shall​
5.15distribute a summary of the laws and rules governing the operation of personal watercraft​
5.16and, upon request, shall provide instruction to a purchaser regarding:​
5.17 (1) the laws and rules governing personal watercraft; and​
5.18 (2) the safe operation of personal watercraft.​
5.19 (b) A person who offers personal watercraft for rent:​
5.20 (1) shall provide a summary of the laws and rules governing the operation of personal​
5.21watercraft and provide instruction regarding the laws and rules and the safe operation of​
5.22personal watercraft to each person renting a personal watercraft;​
5.23 (2) shall provide a United States Coast Guard (USCG) approved wearable personal​
5.24flotation device with a USCG label indicating it either is approved for or does not prohibit​
5.25use with personal watercraft or water-skiing and any other required safety equipment to all​
5.26persons who rent a personal watercraft at no additional cost; and​
5.27 (3) shall require that a watercraft operator's permit from this state or from the operator's​
5.28state of residence be shown each time a personal watercraft is rented to any person younger​
5.29than age 18 and shall record the permit on the form provided by the commissioner.​
5.30 (c) Each dealer of personal watercraft or person offering personal watercraft for rent​
5.31shall have the person who purchases or rents a personal watercraft sign a form provided by​
5.32the commissioner acknowledging that the purchaser or renter has been provided a copy of​
5​Sec. 6.​
S0553-2 2nd Engrossment​SF553 REVISOR CKM​ 6.1the laws and rules regarding personal watercraft operation and has read them. The form​
6.2must be retained by the dealer or person offering personal watercraft for rent for a period​
6.3of six months following the date of signature and must be made available for inspection by​
6.4sheriff's deputies or conservation officers during normal business hours.​
6.5 EFFECTIVE DATE.This section is effective July 1, 2025.​
6.6 Sec. 7. Minnesota Statutes 2022, section 171.07, is amended by adding a subdivision to​
6.7read:​
6.8 Subd. 20.Watercraft operator's permit.(a) The department must maintain in its​
6.9records information transmitted electronically from the commissioner of natural resources​
6.10identifying each person to whom the commissioner has issued a watercraft operator's permit.​
6.11The records transmitted from the Department of Natural Resources must contain the full​
6.12name and date of birth as required for the driver's license or identification card. Records​
6.13that are not matched to a driver's license or identification card record may be deleted after​
6.14seven years.​
6.15 (b) After receiving information under paragraph (a) that a person has received a watercraft​
6.16operator's permit, the department must include on all drivers' licenses or Minnesota​
6.17identification cards subsequently issued to the person a graphic or written indication that​
6.18the person has received the permit.​
6.19 (c) If a person who has received a watercraft operator's permit applies for a driver's​
6.20license or Minnesota identification card before that information has been transmitted to the​
6.21department, the department may accept a copy of the certificate as proof of its issuance and​
6.22must then follow the procedures in paragraph (b).​
6.23 EFFECTIVE DATE.This section is effective July 1, 2025.​
6.24 Sec. 8. APPROPRIATION.​
6.25 $58,000 in fiscal year 2024 is appropriated from the driver services operating account​
6.26under Minnesota Statutes, section 299A.705, to the commissioner of public safety for card​
6.27vendor costs related to including a watercraft operator's permit indicator on driver's licenses​
6.28and identification cards.​
6.29 Sec. 9. REPEALER.​
6.30 Minnesota Statutes 2022, sections 86B.101; 86B.305; and 86B.313, subdivisions 2 and​
6.313, are repealed.​
6​Sec. 9.​
S0553-2 2nd Engrossment​SF553 REVISOR CKM​ 7.1 EFFECTIVE DATE.This section is effective July 1, 2025.​
7​Sec. 9.​
S0553-2 2nd Engrossment​SF553 REVISOR CKM​ 86B.101 WATERCRAFT SAFETY PROGRAM.​
Subdivision 1.Safety program.The commissioner shall continue and expand the comprehensive​
boat safety and education program. The commissioner shall cooperate with boaters, governmental​
subdivisions, state agencies, other states, and the federal government in the operation of the program.​
Subd. 2.Youth watercraft safety course.(a) The commissioner shall establish an educational​
course and a testing program for personal watercraft and watercraft operators and for persons age​
12 or older but younger than age 18 required to take the watercraft safety course. The commissioner​
shall prescribe a written test as part of the course. A personal watercraft educational course and​
testing program that emphasizes safe and legal operation must be required for persons age 13 or​
older but younger than age 18 operating personal watercraft.​
(b) The commissioner shall issue a watercraft operator's permit to a person age 12 or older but​
younger than age 18 who successfully completes the educational program and the written test.​
Subd. 3.Operator's permit.The commissioner shall issue a watercraft operator's permit to a​
person who successfully qualifies for a watercraft operator's permit under the boat safety education​
program.​
Subd. 4.Boat safety education program; reciprocity with other states.The commissioner​
may enter into reciprocity agreements or otherwise certify boat safety education programs from​
other states that are substantially similar to in-state programs. The commissioner shall issue a​
watercraft operator's permit to a person who provides proof of completion of a program subject to​
a reciprocity agreement or certified as substantially similar.​
86B.305 YOUTH OPERATORS.​
Subdivision 1.Under age 12.(a) Except in case of an emergency, a person under age 12 may​
not operate or be allowed to operate a watercraft propelled by a motor with a factory rating of more​
than 25 horsepower unless there is present in the watercraft, in addition to the operator, at least one​
person age 21 or older who is within immediate reach of the controls of the motor. For purposes​
of section 169A.20, the person age 21 or older, as well as the actual operator, is in physical control​
of the motorboat.​
(b) A person under age 12 may not operate or be allowed to operate a watercraft propelled by​
a motor with a factory rating of more than 75 horsepower.​
Subd. 2.Age 12 to 17; permit required.Except as provided in this subdivision, a person age​
12 or older and younger than age 18 may not operate a motorboat powered by a motor over 25​
horsepower without possessing a valid watercraft operator's permit from this state or from the​
operator's state of residence unless there is a person age 21 or older in the motorboat who is within​
immediate reach of the controls of the motor. For purposes of section 169A.20, the person age 21​
or older, as well as the actual operator, is in physical control of the motorboat.​
Subd. 3.Owners may not allow certain uses.An owner of a watercraft may not allow a​
watercraft to be operated contrary to the provisions of subdivision 2.​
86B.313 PERSONAL WATERCRAFT; REGULATIONS.​
Subd. 2.Age of operator.Except in the case of an emergency, a person under the age of 13​
years may not operate or be permitted to operate a personal watercraft, regardless of horsepower.​
It is unlawful for the owner of a personal watercraft to permit the personal watercraft to be operated​
contrary to this subdivision.​
Subd. 3.Operator's permit; adult supervision.Except in the case of an emergency, a person​
13 years of age or over but less than 18 years of age may not operate a personal watercraft, regardless​
of horsepower, without possessing a valid watercraft operator's permit as required by section​
86B.305, unless there is a person 21 years of age or older on board the craft. In addition to the​
permit requirement, a person 13 years of age operating a personal watercraft must remain under​
visual supervision by a person who is 21 years of age or older. An owner of a personal watercraft​
may not permit the personal watercraft to be operated contrary to this subdivision.​
1R​
APPENDIX​
Repealed Minnesota Statutes: S0553-2​