Bill Summary – FastDemocracy

General Assembly                       Raised Bill No. 453
       February Session, 2020                LCO No. 2684
     Referred to Committee on ENVIRONMENT
     Introduced by:
       (ENV)
 AN ACT CONCERNING SAFE BOATING.
 Be it enacted by the Senate and House of Representatives in General
 Assembly convened:
       Section 1. Subsection (a) of section 15-140g of the general statutes is
    repealed and the following is substituted in lieu thereof (Effective from
    passage):
      (a) Any person required to obtain a safe boating certificate or proof
   of boating safety education pursuant to section 15-140e, as amended by
   this act, shall have such certificate or proof on board at all times while
   operating a vessel. On demand of an officer authorized to enforce the
   provisions of this chapter, such person shall exhibit the certificate to the
   officer. For purposes of compliance with this section, such certificate or
   proof may be exhibited in electronic form on a mobile electronic device.
      Sec. 2. Subsection (g) of section 15-140j of the general statutes is
   repealed and the following is substituted in lieu thereof (Effective from
   passage):
     (g) Any person required to obtain a certificate of personal watercraft
   operation or proof of safe personal watercraft handling education
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 pursuant to this section shall have such certificate or proof on board at
 all times while operating a personal watercraft. On demand of an officer
 authorized to enforce the provisions of this chapter, such person shall
 exhibit the certificate to the officer. For purposes of compliance with this
 section, such certificate or proof may be exhibited in electronic form on
 a mobile electronic device.
    Sec. 3. Subsections (a) and (b) of section 15-140j of the general statutes
 are repealed and the following is substituted in lieu thereof (Effective
 from passage):
    (a) As used in this section, "personal watercraft" is any inboard
 powered vessel less than sixteen feet in length that has [an internal
 combustion engine powering] a water-jet pump as its primary source of
 motor propulsion and that is designed to be operated by a person
 sitting, standing or kneeling on the vessel, rather than the conventional
 manner of sitting or standing inside the vessel, "jetted articulated vessel"
 or "JAV" has the same meaning as provided in section 15-127 and
 "operator of a JAV" means any person who, in whole or in part, from
 such person's position on the JAV can: (1) Energize or de-energize the
 JAV, or (2) control or partially control the thrust, speed or direction of
 the JAV.
    (b) No person shall operate a personal watercraft or a JAV unless such
 person has been issued a certificate of personal watercraft operation by
 the Commissioner of Energy and Environmental Protection or a valid
 vessel operator license or certificate of personal watercraft operation
 issued by another state or an agent of such state approved to issue such
 certificate or license. Such license or certificate issued by another state
 or agent of another state shall contain the mark or logo of the National
 Association of State Boating Law Administrators or other mark as
 approved by the Commissioner of Energy and Environmental
 Protection and shall be issued by such other state or agent on or after
 January 1, 2008, to be deemed valid. No person less than sixteen years
 of age shall operate a JAV. No owner of a personal watercraft or a JAV
 shall knowingly authorize or permit a person who is less than sixteen
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 years of age who does not have a certificate of personal watercraft
 operation issued by the commissioner to operate such personal
 watercraft or JAV on the waters of the state. Notwithstanding the
 provisions of this section, the commissioner may modify or suspend, by
 written permission, any age or certification requirement set forth in this
 section for the purpose of a marine event held pursuant to section 15-
 140b. In those waters where the United States Coast Guard has
 jurisdiction over marine events, such permit shall not be valid unless
 and until the commissioner receives a copy of the United States Coast
 Guard authorization for a marine event.
    Sec. 4. Subsection (a) of section 15-149a of the general statutes is
 repealed and the following is substituted in lieu thereof (Effective from
 passage):
    (a) Any person operating a vessel upon the waters of this state which
 vessel is in any manner involved in an accident in which any person
 dies, is injured so as to require medical attention, or disappears, shall
 immediately notify the nearest law enforcement agency having
 jurisdiction over such accident and, not later than forty-eight hours after
 such accident, report the matter in writing to the Commissioner of
 Energy and Environmental Protection. The report shall be on a form
 prescribed by the commissioner and shall state as accurately as possible
 the time, place and cause of such accident, the injuries occasioned by the
 accident and any other facts the commissioner deems necessary. If such
 operator is physically incapable of notifying the nearest law
 enforcement agency or of making such report and there is another
 participant or passenger in the accident not incapacitated, such
 participant or passenger shall immediately notify the nearest law
 enforcement agency having jurisdiction over such accident and make
 the report to the commissioner not later than forty-eight hours after such
 accident. Any person operating a vessel upon the waters of this state
 which is in any manner involved in an accident in which the total
 damages to all property affected by such accident, including property
 of such operator, is in excess of [five hundred] two thousand dollars,
 such person shall, not later than five days after such accident, report the
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 matter in writing to the commissioner on such forms as said
 commissioner may prescribe. If there is no person other than the owner
 capable of making such report or if the report has not been submitted
 and the owner of such vessel is not incapacitated, such owner shall, not
 later than five days after learning of the facts of such accident, report the
 matter to the commissioner, on such forms as said commissioner may
 prescribe. Any such operator of a vessel, or surviving participant or
 passenger in any such accident, or the owner of the vessel involved in
 any such accident, shall provide any other information or additional
 report as the commissioner shall require. Failure of any person to
 comply with any provision of this subsection shall be an infraction.
    Sec. 5. Subsections (d) and (e) of section 15-154 of the general statutes
 are repealed and the following is substituted in lieu thereof (Effective
 from passage):
    (d) Upon the immediate approach of a law enforcement vessel using
 an audible signal device [and] or flashing blue lights or a fire rescue
 vessel using an audible signal device [and] or flashing red or yellow
 lights, any person operating a vessel shall immediately slow to a speed
 sufficient to maintain steerage only, shall alter course, within its ability,
 so as not to inhibit or interfere with the operation of the law enforcement
 vessel or fire rescue vessel, and shall proceed, unless otherwise directed
 by an officer in the law enforcement vessel or fire rescue vessel, at a
 reduced speed until beyond the area of operation of the law
 enforcement vessel or fire rescue vessel. Any person operating a vessel
 who wilfully or negligently obstructs or retards any law enforcement or
 fire rescue vessel answering an emergency call or in pursuit of fleeing
 law violators shall be fined not more than two hundred fifty dollars.
    (e) Any person operating a vessel passing within two hundred feet of
 a stationary law enforcement vessel using an audible signal device [and]
 or flashing blue lights or a stationary fire rescue vessel using flashing
 red or yellow lights shall reduce speed to a speed of slow-no-wake until
 there is a distance of more than two hundred feet between such person's
 vessel and the law enforcement vessel or fire rescue vessel. Any person
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 operating a vessel passing within two hundred feet of a commercial
 vessel responding to or towing a vessel in distress when such
 commercial vessel is displaying flashing red or yellow lights shall
 reduce speed to a speed of slow-no-wake. For purposes of this
 subsection, "slow-no-wake" means operation of a vessel at a speed that
 does not produce more than a minimum wake and is not greater than
 six miles per hour over ground, unless a higher minimum speed is
 necessary to maintain steerage when traveling with a strong current.
    Sec. 6. Section 15-140e of the general statutes is repealed and the
 following is substituted in lieu thereof (Effective from passage):
    (a) (1) No resident of the state, person owning real property in the
 state or person owning a vessel in the state shall operate on the waters
 of the state a vessel which is required to be registered or numbered
 pursuant to this chapter unless such person has a valid vessel operator
 license issued by the United States Coast Guard or has obtained a safe
 boating certificate issued by the Commissioner of Energy and
 Environmental Protection, provided on and after January 1, 2022, no
 other person shall operate on the waters of the state a vessel which is
 required to be registered or numbered pursuant to this chapter unless
 such person possesses a valid vessel operator license issued by another
 state or proof of successful completion of boating safety education. Such
 license from another state or proof of boating safety education shall
 contain the mark or logo of the National Association of State Boating
 Law Administrators or other mark as approved by the Commissioner of
 Energy and Environmental Protection to be deemed valid.
    (2) No owner of a vessel shall knowingly authorize or permit a person
 who is less than sixteen years of age who is required by this section to
 obtain a safe boating certificate issued by the Commissioner of Energy
 and Environmental Protection to operate such vessel on the waters of
 the state without a safe boating certificate, unless such person is under
 the direct onboard supervision of a person who is at least eighteen years
 of age who has been issued a safe boating certificate and who has held
 such certificate for at least two years.
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     (3) A safe boating certificate may be suspended or revoked, pursuant
 to section 15-132a, 15-133, 15-140l or 15-140n, and shall be valid for the
 life of the person to whom it is issued unless otherwise suspended or
 revoked.
    (4) The provisions of this section shall not apply to any person who,
 between one hour before sunrise and one hour after sunset, operates a
 vessel propelled exclusively by an electric motor that is rated at one
 hundred six pounds of thrust or less on the inland waters of this state
 upon which motor powered vessels exceeding ten horsepower are
 prohibited.
    (b) A safe boating certificate shall be issued under subsection (a) of
 this section to any applicant regardless of age who provides proof that
 such applicant has: (1) Successfully completed a course in safe boating
 operation approved by the Commissioner of Energy and Environmental
 Protection, which courses may include those offered by the United
 States Power Squadrons, Coast Guard Auxiliary or other organizations,
 or (2) successfully passed an equivalency examination testing
 knowledge of safe boating operation administered by the commissioner.
    (c) Notwithstanding subsection (a) of this section, any person who
 purchases a new or used vessel may, upon vessel registration, apply to
 the Department of Energy and Environmental Protection for a
 temporary safe boating certificate which shall be valid for [three
 months] forty-five days from the date of registration between sunrise
 and sunset of each day. No person shall be issued more than one
 temporary safe boating certificate.
    (d) Any person operating a vessel other than a personal watercraft,
 as defined in section 15-140j, as amended by this act, which is rented for
 a period of [fourteen] seven days or less from a boat livery need not
 obtain a certificate during the rental period, provided such person
 operates the rented vessel only between sunrise and sunset of each day.
 An owner, agent or employee of a boat livery shall furnish to each rental
 customer literature on safety and rules of navigation as supplied by the
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 commissioner.
   (e) Any person enrolled in a course in safe boating operation
 approved by the Commissioner of Energy and Environmental
 Protection may operate a vessel without a safe boating certificate when
 under the direct onboard supervision of a boating instructor holding a
 valid instructor number issued by the Department of Energy and
 Environmental Protection.
    (f) Notwithstanding the provisions of subsection (a) of this section,
 on and after October 1, 2015, no person shall operate on the waters of
 the state a vessel that is required to be registered or numbered pursuant
 to this chapter and that is engaged in water skiing, as defined in section
 15-127, unless such person: (1) Is not less than sixteen years of age, (2)
 has a valid vessel operator license issued by the United States Coast
 Guard, has obtained a safe boating certificate or certificate of personal
 watercraft operation issued by the Commissioner of Energy and
 Environmental Protection, [or] holds a boating safety certificate from a
 state that has a reciprocal agreement with the commissioner pursuant to
 section 15-140f or 15-140j, as amended by this act, or, on and after
 January 1, 2022, meets the conditions applicable to other persons
 contained in subsection (a) of this section, and (3) has a safe water skiing
 endorsement on or accompanying such certificate that was issued by the
 Commissioner of Energy and Environmental Protection upon such
 person's completion of the safe water skiing instruction described in
 section 15-140f. No owner of a vessel shall knowingly authorize or
 permit a person who is less than sixteen years of age to operate such
 vessel while engaged in water skiing on the waters of the state. The
 requirements of subdivision (3) of this subsection shall not apply to any
 resident or person who, on or before October 1, 2015, received a valid
 vessel operator license issued by the United States Coast Guard,
 obtained a safe boating certificate or certificate of personal watercraft
 operation from the commissioner or held a boating safety certificate
 from a state that has such a reciprocal agreement with the commissioner.
 Nothing in this subsection shall be construed to prohibit the towing of
 a person or a vessel during the course of an emergency that poses a
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 threat to human life or property.
    (g) Any person who violates any provision of this section shall be
 fined not less than sixty or more than two hundred fifty dollars for each
 such violation.
    (h) Any course in safe boating operation approved by the
 Commissioner of Energy and Environmental Protection, as described in
 subsection (b) of this section, shall include instruction on the proper
 means of: (1) Inspecting a vessel and trailers used for transporting such
 vessels for the presence of vegetation and aquatic invasive species, as
 determined by the commissioner pursuant to subsection (a) of section
 15-180; and (2) properly disposing of such vegetation and such aquatic
 invasive species.
    Sec. 7. Subsection (e) of section 15-140j of the general statutes is
 repealed and the following is substituted in lieu thereof (Effective from
 passage):
    (e) Notwithstanding subsection (b) of this section, any person who
 purchases a new or used personal watercraft may, upon vessel
 registration, apply to the Commissioner of Energy and Environmental
 Protection for a temporary certificate of personal watercraft operation
 that shall be valid for [three months] forty-five days from the date of
 registration, provided the applicant has successfully completed a course
 in safe p