Bill Text: MA H2244 | 2009-2010 | 186th General Court | Introduced

Massachusetts House Bill 2244 (Prior Session Legislation)

Bill Title: Mandatory boating safety education

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2010-03-18 - [H2244 Detail]

Download: Massachusetts-2009-H2244-Introduced.html

HOUSE DOCKET, NO. 2044 FILED ON: 1/14/2009

HOUSE . . . . . . . . . . . . . . No. 2244

The Commonwealth of Massachusetts

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PRESENTED BY:

Paul Kujawski

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the passage of the accompanying bill:

An Act relative to mandatory boating safety education.

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PETITION OF:

Name:	District/Address:
Paul Kujawski	8th Worcester
Angelo J. Puppolo, Jr.	12th Hampden
John F. Quinn	9th Bristol
Patricia A. Haddad	5th Bristol
Stephen M. Brewer	Worcester, Hampden, Hampshire and Franklin
Viriato Manuel deMacedo	1st Plymouth

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 2400 OF 2007-2008.]

The Commonwealth of Massachusetts

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In the Year Two Thousand and Nine

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An Act relative to mandatory boating safety education.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Chapter 90B of the General Laws as appearing in the 2002 Official Edition is hereby amended by adding the following sections:-

C hapter 90B, Sec 1 definition changes:

"Director"- "the director of the office of law enforcement within the excusive office of environmental affairs."

"Division"- "the office of law enforcement within the executive office of environmental affairs."

"Mo torboat"- any vessel propelled by machinery whether or not such machinery is the principle source of propulsion

SECTION 39. As used in sections 39 to 45 the following terms shall have the following meanings:-

"Boating Certificate", a boating safety educat ion certificate issued to a person who has met the established minimum standard of boating safety education competency.

"Non-resident", a person residing outside Massachusetts, or residing in Massachusetts for a period of less than 6 consecutive months.

S ECTION 40. The director shall establish and implement a boating education program. In establishing such a program the director shall:

1. Set a minimum standard of boating education competency which shall be consistent with the applicable standard established by the National Association of State Boating Law Administrators (NASBLA). The director may update the minimum standard of competency as necessary.

2. Develop a boating education course, designed to meet the minimum standard of compete ncy established pursuant to subsection (1) of this section.

3. Develop a boating education equivalency examination designed to test knowledge which meets the minimum standard of competency established pursuant to subsection (1) of this section.

4. Develop a boating certificate designed to meet the purposes of this act.

5. Establish a one-time fee for the boating certificate, and a reasonable fee for a duplicate, to be deposited in a retained revenue account.

6. Evaluate a nd approve other boating safety courses that meet the minimum standard of competency in conjunction with the National Association of State Boating Law Administrators (NASBLA).

SECTION 41. A person born on or after January 1, 1988 shall not operate a moto rboat on the waters of the Commonwealth, unless such person obtains, beginning on January 1, 2007, a boating certificate as evidence of successful passage of an approved boating safety course or equivalency examination pursuant to section 40.

A person shal l not operate a personal watercraft on the waters of the Commonwealth, unless such person obtains a boating certificate as evidence of successful passage of an approved boating safety course or an equivalency examination pursuant to section 40. Nothing in sections 39 to 42 shall supercede the requirements for operators of personal watercraft established in section 9A and 9B of chapter 90B. The phase-in schedule for personal watercraft operators to obtain a boating certificate shall be by age, as follows:

By January 1, 2008- All personal watercraft operators 25 years of age and younger;

By January 1, 2009- All personal watercraft operators 35 years of age and younger;

By January 1, 2010- All personal watercraft operators 45 years of age and younger;

By January 1, 2011- All personal watercraft operators

The director may issue a boating certificate to any person at least 12 years of age or older who:

(a) Shows evidence of having successfully completed a boating safety course approved by the direct or, or shows evidence of having successfully completed a boating safety equivalency examination approved by the director and

(b) Pays the established fee for the certificate to the division.

SECTION 42. A person required to obtain a boating ce rtificate shall possess such certificate when operating a motorboat and shall present such certificate upon the request of a law enforcement officer duly empowered to enforce Chapter 90B. Failure to present a valid certificate or its' equivalent to such a law enforcement officer shall constitute prima facie evidence of a violation of this section.

No person shall alter, forge, counterfeit, or falsify a boating certificate.

No person shall possess a boating certificate that has been altered, forged, counter feited or falsified.

No person shall loan or permit his/her boating certificate to be used by another person.

No motorboat owner shall permit another person to operate his/her motorboat in violation of the provisions of this act.

A violation of this sectio n shall be punished by a fine of $50 for a first offense, $100 for a second offense and $250 for all subsequent offenses.

SECTION 43. A person is exempt from the provisions of this act under the following circumstances:

A nonresident, at least 12 ye ars of age, who is temporarily operating a motorboat on waters of the Commonwealth for less than 60 days and complies with his/her state of residence certificate requirements or possesses a Canadian Pleasure Craft Operator's Card; or a person possesses a v alid license to operate a commercial vessel issued by the U.S. Coast Guard pursuant to 46 C.F.R., Part 10 or an equivalent license issued by a state or the government of Canada; or a person who owns a motorboat with a new certificate of number issued by th e Commonwealth of Massachusetts or a new marine document issued by the United States Coast Guard, shall have 120 days from the issue date, to obtain a boating certificate ; or a person who operates a motorboat under training and is accompanied on-board and directly supervised by a competent person 18 years of age or older who holds a valid boating certificate or is exempt pursuant this section; or a person at least 18 years of age, who is an authorized operator of a rented or leased motorboat shall first rev iew and complete said checklist before operating the motorboat.

SECTION 44. The director may promulgate regulations deemed necessary to implement the provisions of this act.

SECTION 45. Beginning on January 1, 2008, a person engaged in the bu siness of renting or leasing a motorboat shall provide a division-approved safe motorboat operation checklist to each person, at least 18 years of age, who will be an authorized operator and is not in compliance with S. 41 of this act. Each authorized ope rator of a rented or leased motorboat shall first review and complete said checklist before operating the motorboat.