Minnesota 2023-2024 Regular Session

Minnesota Senate Bill SF553 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		1.1 A bill for an act
2	2		1.2 relating to natural resources; requiring safety education and permitting for certain
3	3		1.3 watercraft operators; imposing certain obligations on motorboat rental businesses;
4		-	1.4 ~~appropriating money;~~ amending Minnesota Statutes 2022, sections 86B.313,
5		-	1.5 ~~subdivision 4; 171.07, by~~ adding a subdivision; proposing coding for new law in
6		-	1.6 ~~Minnesota Statutes, chapter~~ 86B; repealing Minnesota Statutes 2022, sections
7		-	1.7 ~~86B.101; 86B.305; 86B.313,~~ subdivisions 2, 3.
	4	+	1.4 amending Minnesota Statutes 2022, sections 86B.313, subdivision 4; 171.07, by
	5	+	1.5 adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter
	6	+	1.6 86B; repealing Minnesota Statutes 2022, sections 86B.101; 86B.305; 86B.313,
	7	+	1.7 subdivisions 2, 3.
8	8		1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
9	9		1.9 Section 1. [86B.30] DEFINITIONS.
10	10		1.10 Subdivision 1.Applicability.The definitions in this section apply to sections 86B.30
11	11		1.11to 86B.341.
12	12		1.12 Subd. 2.Accompanying operator."Accompanying operator" means a person 21 years
13	13		1.13of age or older who:
14	14		1.14 (1) is in a personal watercraft or other type of motorboat;
15	15		1.15 (2) is within immediate reach of the controls of the motor; and
16	16		1.16 (3) possesses a valid operator's permit or is an exempt operator.
17	17		1.17 Subd. 3.Adult operator."Adult operator" means a motorboat operator, including a
18	18		1.18personal watercraft operator, who is 12 years of age or older and who was:
19	19		1.19 (1) effective July 1, 2025, born on or after July 1, 2004;
20	20		1.20 (2) effective July 1, 2026, born on or after July 1, 2000;
21	21		1.21 (3) effective July 1, 2027, born on or after July 1, 1996; and
22	22		1.22 (4) effective July 1, 2028, born on or after July 1, 1987.
23	23		1Section 1.
24		-	S0553-~~2 2nd~~ EngrossmentSF553 REVISOR CKM
	24	+	S0553-1 1st EngrossmentSF553 REVISOR CKM
25	25		SENATE
26	26		STATE OF MINNESOTA
27	27		S.F. No. 553NINETY-THIRD SESSION
28	28		(SENATE AUTHORS: MORRISON, Hawj and Hoffman)
29	29		OFFICIAL STATUSD-PGDATE
30	30		Introduction and first reading33701/23/2023
31	31		Referred to Environment, Climate, and Legacy
32		-	Comm report: To pass as amended and re-refer to Transportation1234a03/02/2023
33		-	Comm report: To pass as amended and re-refer to Environment, Climate, and Legacy03/14/2023 2.1 Subd. 4.Exempt operator."Exempt operator" means a motorboat operator, including
	32	+	Comm report: To pass as amended and re-refer to Transportation03/02/2023 2.1 Subd. 4.Exempt operator."Exempt operator" means a motorboat operator, including
34	33		2.2a personal watercraft operator, who is 12 years of age or older and who:
35	34		2.3 (1) possesses a valid license to operate a motorboat issued for maritime personnel by
36	35		2.4the United State Coast Guard under Code of Federal Regulations, title 46, part 10, or a
37	36		2.5marine certificate issued by the Canadian government;
38	37		2.6 (2) is not a resident of the state, is temporarily using the waters of the state for a period
39	38		2.7not to exceed 60 days, and:
40	39		2.8 (i) meets any applicable requirements of the state or country of residency; or
41	40		2.9 (ii) possesses a Canadian pleasure craft operator's card;
42	41		2.10 (3) is operating a motorboat under a dealer's license according to section 86B.405; or
43	42		2.11 (4) is operating a motorboat during an emergency.
44	43		2.12 Subd. 5.Motorboat rental business."Motorboat rental business" means a person
45	44		2.13engaged in the business of renting or leasing motorboats, including personal watercraft, for
46	45		2.14a period not exceeding 30 days. Motorboat rental business includes a person's agents and
47	46		2.15employees.
48	47		2.16 Subd. 6.Young operator."Young operator" means a motorboat operator, including a
49	48		2.17personal watercraft operator, younger than 12 years of age.
50	49		2.18 EFFECTIVE DATE.This section is effective July 1, 2025.
51	50		2.19 Sec. 2. [86B.302] WATERCRAFT OPERATOR'S PERMIT.
52	51		2.20 Subdivision 1.Generally.The commissioner must issue a watercraft operator's permit
53	52		2.21to a person 12 years of age or older who successfully completes a water safety course and
54	53		2.22written test according to section 86B.304, paragraph (a), or who provides proof of completing
55	54		2.23a program subject to a reciprocity agreement or certified by the commissioner as substantially
56	55		2.24similar.
57	56		2.25 Subd. 2.Issuing permit to certain young operators.The commissioner may issue a
58	57		2.26permit under this section to a person who is at least 11 years of age, but the permit is not
59	58		2.27valid until the person becomes an adult operator.
60	59		2.28 Subd. 3.Personal possession required.(a) A person who is required to have a watercraft
61	60		2.29operator's permit must have in personal possession:
62	61		2.30 (1) a valid watercraft operator's permit;
63	62		2Sec. 2.
64		-	S0553-~~2 2nd~~ EngrossmentSF553 REVISOR CKM 3.1 (2) a driver's license that has a valid watercraft operator's permit indicator issued under
	63	+	S0553-1 1st EngrossmentSF553 REVISOR CKM 3.1 (2) a driver's license that has a valid watercraft operator's permit indicator issued under
65	64		3.2section 171.07, subdivision 20; or
66	65		3.3 (3) an identification card that has a valid watercraft operator's permit indicator issued
67	66		3.4under section 171.07, subdivision 20.
68	67		3.5 (b) A person who is required to have a watercraft operator's permit must display one of
69	68		3.6the documents described in paragraph (a) to a conservation officer or peace officer upon
70	69		3.7request.
71	70		3.8 Subd. 4.Using electronic device to display proof of permit.If a person uses an
72	71		3.9electronic device to display a document described in subdivision 3 to a conservation officer
73	72		3.10or peace officer:
74	73		3.11 (1) the officer is immune from liability for any damage to the device, unless the officer
75	74		3.12does not exercise due care in handling the device; and
76	75		3.13 (2) this does not constitute consent for the officer to access other contents on the device.
77	76		3.14 EFFECTIVE DATE.This section is effective July 1, 2025.
78	77		3.15 Sec. 3. [86B.303] OPERATING PERSONAL WATERCRAFT AND OTHER
79	78		3.16MOTORBOATS.
80	79		3.17 Subdivision 1.Adult operators.An adult operator may not operate a motorboat,
81	80		3.18including a personal watercraft, unless:
82	81		3.19 (1) the adult operator possesses a valid watercraft operator's permit;
83	82		3.20 (2) the adult operator is an exempt operator; or
84	83		3.21 (3) an accompanying operator is in the motorboat.
85	84		3.22 Subd. 2.Young operators.(a) A young operator may not operate a personal watercraft
86	85		3.23or any motorboat powered by a motor with a factory rating of more than 75 horsepower.
87	86		3.24 (b) A young operator may operate a motorboat that is not a personal watercraft and that
88	87		3.25is powered by a motor with a factory rating of less than 75 horsepower if an accompanying
89	88		3.26operator is in the motorboat.
90	89		3.27 Subd. 3.Accompanying operators.For purposes of this section and section 169A.20,
91	90		3.28an accompanying operator, as well as the actual operator, is operating and is in physical
92	91		3.29control of a motorboat.
93	92		3.30 Subd. 4.Owners may not allow unlawful use.An owner or other person in lawful
94	93		3.31control of a motorboat may not allow the motorboat to be operated contrary to this section.
95	94		3Sec. 3.
96		-	S0553-~~2 2nd~~ EngrossmentSF553 REVISOR CKM 4.1 EFFECTIVE DATE.This section is effective July 1, 2025.
	95	+	S0553-1 1st EngrossmentSF553 REVISOR CKM 4.1 EFFECTIVE DATE.This section is effective July 1, 2025.
97	96		4.2 Sec. 4. [86B.304] WATERCRAFT SAFETY PROGRAM.
98	97		4.3 (a) The commissioner must establish a water safety course and testing program for
99	98		4.4personal watercraft and watercraft operators and must prescribe a written test as part of the
100	99		4.5course. The course must be approved by the National Association of State Boating Law
101	100		4.6Administrators and must be available online. The commissioner may allow designated water
102	101		4.7safety courses administered by third parties to meet the requirements of this paragraph and
103	102		4.8may enter into reciprocity agreements or otherwise certify boat safety education programs
104	103		4.9from other states that are substantially similar to in-state programs. The commissioner must
105	104		4.10establish a working group of interested parties to develop course content and implementation.
106	105		4.11The course must include content on best management practices for mitigating aquatic
107	106		4.12invasive species, reducing conflicts among user groups, and limiting the ecological impacts
108	107		4.13of watercraft.
109	108		4.14 (b) The commissioner must create or designate a short boater safety examination to be
110	109		4.15administered by motorboat rental businesses, as required by section 86B.306, subdivision
111	110		4.163. The examination developed under this paragraph must be one that can be administered
112	111		4.17electronically or on paper, at the option of the motorboat rental business administering the
113	112		4.18examination.
114	113		4.19 EFFECTIVE DATE.This section is effective July 1, 2025.
115	114		4.20 Sec. 5. [86B.306] MOTORBOAT RENTAL BUSINESSES.
116	115		4.21 Subdivision 1.Requirements.A motorboat rental business must not rent or lease a
117	116		4.22motorboat, including a personal watercraft, to any person for operation on waters of this
118	117		4.23state unless the renter or lessee:
119	118		4.24 (1) has a valid watercraft operator's permit or is an exempt operator; and
120	119		4.25 (2) is 18 years of age or older.
121	120		4.26 Subd. 2.Authorized operators.A motorboat rental business must list on each motorboat
122	121		4.27rental or lease agreement the name and age of each operator who is authorized to operate
123	122		4.28the motorboat or personal watercraft. The renter or lessee of the motorboat must ensure that
124	123		4.29only listed authorized operators operate the motorboat or personal watercraft.
125	124		4.30 Subd. 3.Summary of boating regulations; examination.(a) A motorboat rental
126	125		4.31business must provide each authorized operator a summary of the statutes and rules governing
127	126		4Sec. 5.
128		-	S0553-~~2 2nd~~ EngrossmentSF553 REVISOR CKM 5.1operation of motorboats and personal watercraft in the state and instructions for safe
	127	+	S0553-1 1st EngrossmentSF553 REVISOR CKM 5.1operation of motorboats and personal watercraft in the state and instructions for safe
129	128		5.2operation.
130	129		5.3 (b) Each authorized operator must review the summary provided under this subdivision
131	130		5.4and must take a short boater safety examination in a form approved by the commissioner
132	131		5.5before the motorboat or personal watercraft leaves the motorboat rental business premises,
133	132		5.6unless the authorized operator has taken the examination during the previous 60 days.
134	133		5.7 Subd. 4.Safety equipment for personal watercraft.A motorboat rental business must
135	134		5.8provide to all persons who rent a personal watercraft, at no additional cost, a United States
136	135		5.9Coast Guard (USCG) approved wearable personal flotation device with a USCG label
137	136		5.10indicating it either is approved for or does not prohibit use with personal watercraft or
138	137		5.11water-skiing and any other required safety equipment.
139	138		5.12 EFFECTIVE DATE.This section is effective July 1, 2025.
140	139		5.13 Sec. 6. Minnesota Statutes 2022, section 86B.313, subdivision 4, is amended to read:
141	140		5.14 Subd. 4.Dealers and rental operations.(a) A dealer of personal watercraft shall
142	141		5.15distribute a summary of the laws and rules governing the operation of personal watercraft
143	142		5.16and, upon request, shall provide instruction to a purchaser regarding:
144	143		5.17 (1) the laws and rules governing personal watercraft; and
145	144		5.18 (2) the safe operation of personal watercraft.
146	145		5.19 (b) A person who offers personal watercraft for rent:
147	146		5.20 (1) shall provide a summary of the laws and rules governing the operation of personal
148	147		5.21watercraft and provide instruction regarding the laws and rules and the safe operation of
149	148		5.22personal watercraft to each person renting a personal watercraft;
150	149		5.23 (2) shall provide a United States Coast Guard (USCG) approved wearable personal
151	150		5.24flotation device with a USCG label indicating it either is approved for or does not prohibit
152	151		5.25use with personal watercraft or water-skiing and any other required safety equipment to all
153	152		5.26persons who rent a personal watercraft at no additional cost; and
154	153		5.27 (3) shall require that a watercraft operator's permit from this state or from the operator's
155	154		5.28state of residence be shown each time a personal watercraft is rented to any person younger
156	155		5.29than age 18 and shall record the permit on the form provided by the commissioner.
157	156		5.30 (c) Each dealer of personal watercraft or person offering personal watercraft for rent
158	157		5.31shall have the person who purchases or rents a personal watercraft sign a form provided by
159	158		5.32the commissioner acknowledging that the purchaser or renter has been provided a copy of
160	159		5Sec. 6.
161		-	S0553-~~2 2nd~~ EngrossmentSF553 REVISOR CKM 6.1the laws and rules regarding personal watercraft operation and has read them. The form
	160	+	S0553-1 1st EngrossmentSF553 REVISOR CKM 6.1the laws and rules regarding personal watercraft operation and has read them. The form
162	161		6.2must be retained by the dealer or person offering personal watercraft for rent for a period
163	162		6.3of six months following the date of signature and must be made available for inspection by
164	163		6.4sheriff's deputies or conservation officers during normal business hours.
165	164		6.5 EFFECTIVE DATE.This section is effective July 1, 2025.
166	165		6.6 Sec. 7. Minnesota Statutes 2022, section 171.07, is amended by adding a subdivision to
167	166		6.7read:
168	167		6.8 Subd. 20.Watercraft operator's permit.(a) The department must maintain in its
169	168		6.9records information transmitted electronically from the commissioner of natural resources
170	169		6.10identifying each person to whom the commissioner has issued a watercraft operator's permit.
171	170		6.11The records transmitted from the Department of Natural Resources must contain the full
172	171		6.12name and date of birth as required for the driver's license or identification card. Records
173	172		6.13that are not matched to a driver's license or identification card record may be deleted after
174	173		6.14seven years.
175	174		6.15 (b) After receiving information under paragraph (a) that a person has received a watercraft
176	175		6.16operator's permit, the department must include on all drivers' licenses or Minnesota
177	176		6.17identification cards subsequently issued to the person a graphic or written indication that
178	177		6.18the person has received the permit.
179	178		6.19 (c) If a person who has received a watercraft operator's permit applies for a driver's
180	179		6.20license or Minnesota identification card before that information has been transmitted to the
181	180		6.21department, the department may accept a copy of the certificate as proof of its issuance and
182	181		6.22must then follow the procedures in paragraph (b).
183	182		6.23 EFFECTIVE DATE.This section is effective July 1, 2025.
184		-	6.24 Sec. 8. APPROPRIATION.
185		-	6.25 $58,000 in fiscal year 2024 is appropriated from the driver services operating account
186		-	6.26under Minnesota Statutes, section 299A.705, to the commissioner of public safety for card
187		-	6.27vendor costs related to including a watercraft operator's permit indicator on driver's licenses
188		-	6.28and identification cards.
189		-	6.29 Sec. 9. REPEALER.
190		-	6.30 Minnesota Statutes 2022, sections 86B.101; 86B.305; and 86B.313, subdivisions 2 and
191		-	6.313, are repealed.
192		-	6Sec. 9.
193		-	S0553-2 2nd EngrossmentSF553 REVISOR CKM 7.1 EFFECTIVE DATE.This section is effective July 1, 2025.
194		-	7Sec. 9.
195		-	S0553-2 2nd EngrossmentSF553 REVISOR CKM 86B.101 WATERCRAFT SAFETY PROGRAM.
	183	+	6.24 Sec. 8. REPEALER.
	184	+	6.25 Minnesota Statutes 2022, sections 86B.101; 86B.305; and 86B.313, subdivisions 2 and
	185	+	6.263, are repealed.
	186	+	6.27 EFFECTIVE DATE.This section is effective July 1, 2025.
	187	+	6Sec. 8.
	188	+	S0553-1 1st EngrossmentSF553 REVISOR CKM 86B.101 WATERCRAFT SAFETY PROGRAM.
196	189		Subdivision 1.Safety program.The commissioner shall continue and expand the comprehensive
197	190		boat safety and education program. The commissioner shall cooperate with boaters, governmental
198	191		subdivisions, state agencies, other states, and the federal government in the operation of the program.
199	192		Subd. 2.Youth watercraft safety course.(a) The commissioner shall establish an educational
200	193		course and a testing program for personal watercraft and watercraft operators and for persons age
201	194		12 or older but younger than age 18 required to take the watercraft safety course. The commissioner
202	195		shall prescribe a written test as part of the course. A personal watercraft educational course and
203	196		testing program that emphasizes safe and legal operation must be required for persons age 13 or
204	197		older but younger than age 18 operating personal watercraft.
205	198		(b) The commissioner shall issue a watercraft operator's permit to a person age 12 or older but
206	199		younger than age 18 who successfully completes the educational program and the written test.
207	200		Subd. 3.Operator's permit.The commissioner shall issue a watercraft operator's permit to a
208	201		person who successfully qualifies for a watercraft operator's permit under the boat safety education
209	202		program.
210	203		Subd. 4.Boat safety education program; reciprocity with other states.The commissioner
211	204		may enter into reciprocity agreements or otherwise certify boat safety education programs from
212	205		other states that are substantially similar to in-state programs. The commissioner shall issue a
213	206		watercraft operator's permit to a person who provides proof of completion of a program subject to
214	207		a reciprocity agreement or certified as substantially similar.
215	208		86B.305 YOUTH OPERATORS.
216	209		Subdivision 1.Under age 12.(a) Except in case of an emergency, a person under age 12 may
217	210		not operate or be allowed to operate a watercraft propelled by a motor with a factory rating of more
218	211		than 25 horsepower unless there is present in the watercraft, in addition to the operator, at least one
219	212		person age 21 or older who is within immediate reach of the controls of the motor. For purposes
220	213		of section 169A.20, the person age 21 or older, as well as the actual operator, is in physical control
221	214		of the motorboat.
222	215		(b) A person under age 12 may not operate or be allowed to operate a watercraft propelled by
223	216		a motor with a factory rating of more than 75 horsepower.
224	217		Subd. 2.Age 12 to 17; permit required.Except as provided in this subdivision, a person age
225	218		12 or older and younger than age 18 may not operate a motorboat powered by a motor over 25
226	219		horsepower without possessing a valid watercraft operator's permit from this state or from the
227	220		operator's state of residence unless there is a person age 21 or older in the motorboat who is within
228	221		immediate reach of the controls of the motor. For purposes of section 169A.20, the person age 21
229	222		or older, as well as the actual operator, is in physical control of the motorboat.
230	223		Subd. 3.Owners may not allow certain uses.An owner of a watercraft may not allow a
231	224		watercraft to be operated contrary to the provisions of subdivision 2.
232	225		86B.313 PERSONAL WATERCRAFT; REGULATIONS.
233	226		Subd. 2.Age of operator.Except in the case of an emergency, a person under the age of 13
234	227		years may not operate or be permitted to operate a personal watercraft, regardless of horsepower.
235	228		It is unlawful for the owner of a personal watercraft to permit the personal watercraft to be operated
236	229		contrary to this subdivision.
237	230		Subd. 3.Operator's permit; adult supervision.Except in the case of an emergency, a person
238	231		13 years of age or over but less than 18 years of age may not operate a personal watercraft, regardless
239	232		of horsepower, without possessing a valid watercraft operator's permit as required by section
240	233		86B.305, unless there is a person 21 years of age or older on board the craft. In addition to the
241	234		permit requirement, a person 13 years of age operating a personal watercraft must remain under
242	235		visual supervision by a person who is 21 years of age or older. An owner of a personal watercraft
243	236		may not permit the personal watercraft to be operated contrary to this subdivision.
244	237		1R
245	238		APPENDIX
246		-	Repealed Minnesota Statutes: S0553-2
	239	+	Repealed Minnesota Statutes: S0553-1