FIRST REGULAR SESSION

HOUSE BILL NO. 1419 103RD GENERAL ASSEMBLY

INTRODUCED BY REPRESENTATIVE MAYHEW.

3008H.01I JOSEPH ENGLER, Chief Clerk

AN ACT To repeal section 306.127, RSMo, and to enact in lieu thereof one new section relating to boating safety identification cards.

Be it enacted by the General Assembly of the state of Missouri, as follows:

Section A. Section 306.127, RSMo, is repealed and one new section enacted in lieu 2 thereof, to be known as section 306.127, to read as follows: 306.127. 1. Beginning January 1, 2005, every person born after January 1, 1984, or 2 as required pursuant to section 306.128, who operates a vessel on the [lakes] waters of this 3 state shall possess, on the vessel, a boating safety identification card issued by the water 4 patrol division or its agent which shows that he or she has: 5 (1) Successfully completed a boating safety course approved by the National 6 Association of State Boating Law Administrators and certified by the water patrol division. 7 The boating safety course may include a course sponsored by the United States Coast Guard 8 Auxiliary or the United States Power Squadron. The water patrol division may appoint 9 agents to administer a boater education course or course equivalency examination and issue 10 boater identification cards under guidelines established by the water patrol. The water patrol 11 division shall maintain a list of approved courses; or 12 (2) Successfully passed an equivalency examination prepared by the water patrol 13 division and administered by the water patrol division or its agent. The equivalency 14 examination shall have a degree of difficulty equal to, or greater than, that of the 15 examinations given at the conclusion of an approved boating safety course; or 16 (3) A valid master's, mate's, or operator's license issued by the United States Coast 17 Guard.

EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language. HB 1419 2

18 2. The water patrol division or its agent shall issue a permanent boating safety 19 identification card to each person who complies with the requirements of this section which is 20 valid for life unless invalidated pursuant to law. 21 3. The water patrol division may charge a fee for such card or any replacement card 22 that does not substantially exceed the costs of administrating this section. The water patrol 23 division or its designated agent shall collect such fees. These funds shall be forwarded to 24 general revenue. 25 4. The provisions of this section shall not apply to any person who: 26 (1) Is licensed by the United States Coast Guard to serve as master of a vessel; 27 (2) Operates a vessel only on a private lake or pond that is not classified as waters of 28 the state; 29 (3) Until January 1, 2006, is a nonresident who is visiting the state for sixty days or 30 less; 31 (4) Is participating in an event or regatta approved by the water patrol; 32 (5) Is a nonresident who has proof of a valid boating certificate or license issued by 33 another state if the boating course is approved by the National Association of State Boating 34 Law Administrators (NASBLA); 35 (6) Is exempted by rule of the water patrol; 36 (7) Is currently serving in any branch of the United States Armed Forces, reserves, or 37 Missouri National Guard, or any spouse of a person currently in such service; or 38 (8) Has previously successfully completed a boating safety education course 39 approved by the National Association of State Boating Law Administrators (NASBLA). 40 5. The water patrol division shall inform other states of the requirements of this 41 section. 42 6. No individual shall be detained or stopped strictly for the purpose of checking 43 whether the individual possesses a boating safety identification card or a temporary boater 44 education permit. 45 7. Any person or company that rents or sells vessels may issue a temporary boating 46 safety identification card to an individual to operate a rented vessel or a vessel being 47 considered for sale, for a period of up to seven days, provided that the individual meets the 48 minimum age requirements for operating a vessel in this state. In order to qualify for the 49 temporary boating safety identification card, the applicant shall provide a valid driver's 50 license and shall sign an affidavit that he or she has reviewed the Missouri state highway 51 patrol handbook of Missouri boating laws and responsibilities. Any individual holding a 52 valid temporary boating safety identification card shall be deemed in compliance with the 53 requirements of this section. The Missouri state highway patrol shall charge a fee of nine 54 dollars for such temporary boating safety identification card. Individuals shall not be eligible HB 1419 3

55 for more than one temporary boating safety identification card. No person or company may 56 issue a temporary boating safety identification card to an individual under the provisions of 57 this subsection unless such person or company is capable of submitting the applicant's 58 temporary boating safety identification card information and payment in an electronic format 59 as prescribed by the Missouri state highway patrol. The business entity issuing a temporary 60 boating safety identification card to an individual under the provisions of this subsection shall 61 transmit the applicant's temporary boating safety identification card information 62 electronically to the Missouri state highway patrol, in a manner and format prescribed by 63 the superintendent, using an electronic online registration process developed and provided by 64 the Missouri state highway patrol. The electronic online process developed and provided by 65 the Missouri state highway patrol shall allow the applicant to pay the temporary boating 66 safety identification card fee by credit card or debit card. Notwithstanding any provision in 67 section 306.185 to the contrary, all fees collected under the authority of this subsection shall 68 be deposited in the water patrol division fund. The Missouri state highway patrol shall 69 promulgate rules for developing the temporary boating safety identification card and any 70 requirements necessary to the issuance, processing, and payment of the temporary boating 71 safety identification card. The Missouri state highway patrol shall, by rule, develop a boating 72 safety checklist for each applicant seeking a temporary boating safety identification card. 73 Nothing in this subsection shall allow a holder of a temporary boating safety identification 74 card to receive a notation on the person's driver's license or nondriver identification under 75 section 302.184. The provisions of this subsection shall expire on December 31, 2032. ✔

Statutes affected:
Introduced (3008H.01): 306.127