Session 2000
Effective: July 1, 2000
SENATE BILL No. 536
An Act concerning boating safety education; providing for an
approved course of instruc-
tion; requiring certain persons to obtain a
certificate of completion; amending K.S.A.
32-1102 and repealing the existing
section.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 32-1102 is hereby
amended to read as follows: 32-
1102. As used in article 11 of chapter 32 of the Kansas Statutes
Annotated
and amendments thereto, unless the context clearly requires a
different
meaning:
(a) "Vessel" means any watercraft
designed to be propelled by ma-
chinery, oars, paddles or wind action upon a sail for navigation on
the
water.
(b) "Motorboat" means any vessel
propelled by machinery, whether
or not such machinery is the principal source of propulsion.
(c) "Owner" means a person, other than a
lienholder, having the
property in or title to a vessel. The term includes a person
entitled to the
use or possession of a vessel subject to an interest in another
person,
reserved or created by agreement and securing payment or
performance
of an obligation, but the term excludes a lessee under a lease not
intended
as security.
(d) "Waters of this state" means any
waters within the territorial lim-
its of this state.
(e) "Person" means an individual,
partnership, firm, corporation, as-
sociation, or other entity.
(f) "Operate" means to navigate or
otherwise use a motorboat or a
vessel.
(g) "Department" means the Kansas
department of wildlife and
parks.
(h) "Secretary" means the secretary of
wildlife and parks.
(i) "Length" means the length of the
vessel measured from end to
end over the deck excluding sheer.
(j) "Operator" means the person who
operates or has charge of the
navigation or use of a motorboat or a vessel.
(k) "Undocumented vessel" means a vessel
which is not required to
have, and does not have, a valid marine document issued by the
United
States coast guard or federal agency successor thereto.
(l) "Reportable boating accident" means
an accident, collision or
other casualty involving a vessel subject to this act which results
in loss
of life, injury sufficient to require first aid or medical
attention, or actual
physical damage to property, including a vessel, in excess of an
amount
established by rules and regulations adopted by the secretary in
accord-
ance with K.S.A. 32-805 and amendments thereto.
(m) "Marine sewage" means any substance
that contains any of the
waste products, excrement or other discharges from the bodies of
human
beings or animals, or foodstuffs or materials associated with
foodstuffs
intended for human consumption.
(n) "Marine toilet" means any latrine,
head, lavatory or toilet which
is intended to receive marine sewage and which is located on or in
any
vessel.
(o) "Passenger" means any individual who
obtains passage or is car-
ried in or on a vessel.
(p) "Sail board" means a surfboard using
for propulsion a free sail
system comprising one or more swivel-mounted rigs (mast, sail
and
booms) supported in an upright position by the crew and the
wind.
(q) "Dealer" means any person engaged
wholly or in part in the busi-
ness of manufacturing, constructing, assembling, selling, offering
for sale,
exchanging, buying for the purpose of resale or taking in trade for
the
purpose of resale two or more vessels within a 12-month period.
(r) "Demonstrate" means to operate a
vessel on the waters of this
state for the purpose of selling, trading, negotiating or
attempting to ne-
gotiate the sale or exchange of interests in new or used vessels or
for the
purpose of testing the design or operation of a vessel. Demonstrate
does
not include operation of a vessel on the waters of this state for
personal
or recreational purposes by a dealer or a member of the dealer's
family,
or by an employee of a dealer or a member of the employee's
family.
(s) "Sailboat" means any vessel, other
than a sail board, that is de-
signed to be propelled by wind action upon a sail for navigation
on the
water.
New Sec. 2. (a) On and after
January 1, 2001:
(1) No person born on or after January 1,
1989, shall operate on
public waters of this state any motorboat or sailboat unless the
person
possesses a certificate of completion of an approved boater safety
edu-
cation course of instruction lawfully issued to such person as
provided by
this act.
(2) No owner or person in possession of
any motorboat or sailboat
shall permit another person, who is subject to the requirements in
sub-
section (a)(1), to operate such motorboat or sailboat unless such
other
person either: (A) Has been lawfully issued a certificate of
completion of
an approved boater safety education course of instruction as
provided by
this act; or (B) is legally exempt from the requirements of
subsection
(a)(1).
(3) The requirement in subsection (a)(1),
shall not apply to a person
21 years of age or older.
(b) The requirement in subsection (a)(1)
shall not apply to a person
operating a motorboat or sailboat accompanied by and under the
direct
and audible supervision of a person over 17 years of age who
either: (1)
Possesses a certificate of completion of an approved boater safety
edu-
cation course, or (2) is legally exempt from the requirements of
subsection
(a)(1).
(c) No person who is charged with a
violation of subsection (a)(1)
shall be convicted of the violation if such person produces in
court or in
the office of the arresting officer a certificate of completion of
an ap-
proved boater safety education course of instruction lawfully
issued to
such person and valid at the time of such person's arrest.
New Sec. 3. (a) The secretary shall
prescribe an approved boater
safety education course of instruction of not less than a total of
eight hours
concerning the safe operation of motorboats and sailboats. Such
course
of instruction must be recognized by the United States coast guard
in
order to gain approval of the secretary.
(b) The secretary shall institute and
coordinate an approved boater
safety education course of instruction through the use of
department per-
sonnel, as well as through cooperation with local subdivisions of
govern-
ment, federal governmental entities, reputable individuals or
reputable
organizations having boater safety education as an objective, as
the sec-
retary deems necessary and appropriate.
(c) At the secretary's discretion, the
requirement that a person com-
plete an approved boater safety education course of instruction may
be
fulfilled through completion of correspondence course materials,
includ-
ing satisfactory completion of a written examination, recognized by
the
United States coast guard and approved by the secretary. Each
person
requesting a certificate based on completion of such
correspondence
course shall attest, to the satisfaction of the secretary, that the
substance
of the answers on the written examination were provided by that
person
without assistance. Persons requiring assistance to read
examination ques-
tions or to mark examination answers may receive such assistance if
they
receive no assistance in the determination of the substance of the
answers.
(d) The secretary may require, pursuant
to K.S.A. 32-988 and amend-
ments thereto, a fee to cover costs of services, material and
supplies from
any person enrolling in an approved boater safety education course
of
instruction.
New Sec. 4. (a) On and after
January 1, 2001, the secretary may issue
a certificate of completion of an approved boater safety education
course
of instruction to any person for course work completed prior to
January
1, 2001, upon: (1) Submission to the secretary of evidence of
successful
completion of a boater safety education course of instruction as
formerly
approved by the secretary prior to January 1, 2001, and such other
infor-
mation as requested by the secretary; and (2) payment of the fee
pre-
scribed pursuant to K.S.A. 32-988 and amendments thereto.
(b) The secretary shall designate those
persons who are authorized
to issue a certificate to persons who successfully complete, on and
after
January 1, 2001, an approved boater safety education course of
instruction
and the authorization shall continue until revoked by the
secretary. Cer-
tificates issued by authorized designees shall remain valid until
revoked.
In addition to any other penalties prescribed by statute or rules
and reg-
ulations, the secretary, in the secretary's discretion, may revoke
the cer-
tificate of any person convicted of a violation of any provision in
article
11 of chapter 32 of the Kansas Statutes Annotated. Upon revocation
of a
person's certificate, the person shall be required thereafter to
satisfacto-
rily complete an approved boater safety education course of
instruction
before operating any motorboat or sailboat in this state.
(c) The secretary, in the secretary's
discretion, may accept as com-
plying with the requirements of this act any similar certificate
issued out-
side the state of Kansas by a governmental agency, or by a public
or
private association or club, in compliance with an approved
governmental
program having boater safety education as one of the program's
objectives
and recognized by the United States coast guard.
New Sec. 5. The committee on surety
bonds and insurance, within
the limitations of appropriations made therefor, shall purchase
such lia-
bility insurance as the committee deems necessary for the
protection of
persons engaged in conducting an approved boater safety
education
course of instruction against any liability for injuries or damages
arising
from the conducting of such course by such persons.
New Sec. 6. Sections 2 through 6
shall be part of and supplemental
to article 11 of chapter 32 of the Kansas Statutes Annotated.
Sec. 7. K.S.A. 32-1102 is hereby repealed.
Sec. 8. This act shall take effect and be in force
from and after its
publication in the statute book.