As Amended by House Committee

[As Amended by Senate Committee of the Whole]

          Session of 1998
By Committee on Energy and Natural Resources
          12             AN ACT relating to waters of the state; concerning boating safety
13             education; providing for an approved course of instruction; requiring
14             certain persons to obtain a certificate of completion; designating cer-
15             tain reaches of the Kansas river to be used for certain purposes;
16             relating to prosecution for certain crimes committed along the
17             Kansas river; concerning certain improvements on the Kansas
18             river; amending K.S.A. 32-1102 and repealing the existing section.
20       Be it enacted by the Legislature of the State of Kansas:
21           Section 1. K.S.A. 32-1102 is hereby amended to read as follows:
22       32-1102. As used in article 11 of chapter 32 of the Kansas Statutes An-
23       notated and amendments thereto, unless the context clearly requires a
24       different meaning:
25           (a) ``Vessel'' means any watercraft designed to be propelled by ma-
26       chinery, oars, paddles or wind action upon a sail for navigation on the
27       water.
28           (b) ``Motorboat'' means any vessel propelled by machinery, whether
29       or not such machinery is the principal source of propulsion.
30           (c) ``Owner'' means a person, other than a lienholder, having the
31       property in or title to a vessel. The term includes a person entitled to the
32       use or possession of a vessel subject to an interest in another person,
33       reserved or created by agreement and securing payment or performance
34       of an obligation, but the term excludes a lessee under a lease not intended
35       as security.
36           (d) ``Waters of this state'' means any waters within the territorial lim-
37       its of this state.
38           (e) ``Person'' means an individual, partnership, firm, corporation, as-
39       sociation, or other entity.
40           (f) ``Operate'' means to navigate or otherwise use a motorboat or a
41       vessel.
42           (g) ``Department'' means the Kansas department of wildlife and
43       parks.

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  1           (h) ``Secretary'' means the secretary of wildlife and parks.
  2           (i) ``Length'' means the length of the vessel measured from end to
  3       end over the deck excluding sheer.
  4           (j) ``Operator'' means the person who operates or has charge of the
  5       navigation or use of a motorboat or a vessel.
  6           (k) ``Undocumented vessel'' means a vessel which is not required to
  7       have, and does not have, a valid marine document issued by the United
  8       States coast guard or federal agency successor thereto.
  9           (l) ``Reportable boating accident'' means an accident, collision or
10       other casualty involving a vessel subject to this act which results in loss
11       of life, injury sufficient to require first aid or medical attention, or actual
12       physical damage to property, including a vessel, in excess of an amount
13       established by rules and regulations adopted by the secretary in accord-
14       ance with K.S.A. 32-805 and amendments thereto.
15           (m) ``Marine sewage'' means any substance that contains any of the
16       waste products, excrement or other discharges from the bodies of human
17       beings or animals, or foodstuffs or materials associated with foodstuffs
18       intended for human consumption.
19           (n) ``Marine toilet'' means any latrine, head, lavatory or toilet which
20       is intended to receive marine sewage and which is located on or in any
21       vessel.
22           (o) ``Passenger'' means any individual who obtains passage or is car-
23       ried in or on a vessel.
24           (p) ``Sail board'' means a surfboard using for propulsion a free sail
25       system comprising one or more swivel-mounted rigs (mast, sail and
26       booms) supported in an upright position by the crew and the wind.
27           (q) ``Dealer'' means any person engaged wholly or in part in the busi-
28       ness of manufacturing, constructing, assembling, selling, offering for sale,
29       exchanging, buying for the purpose of resale or taking in trade for the
30       purpose of resale two or more vessels within a 12-month period.
31           (r) ``Demonstrate'' means to operate a vessel on the waters of this
32       state for the purpose of selling, trading, negotiating or attempting to ne-
33       gotiate the sale or exchange of interests in new or used vessels or for the
34       purpose of testing the design or operation of a vessel. Demonstrate does
35       not include operation of a vessel on the waters of this state for personal
36       or recreational purposes by a dealer or a member of the dealer's family,
37       or by an employee of a dealer or a member of the employee's family.
38           (s) ``Sailboat'' means any vessel, other than a sail board, that is de-
39       signed to be propelled by wind action upon a sail for navigation on the
40       water.
41           New Sec. 2. (a) On and after January 1, 1998 [1999]:
42           (1) No person born on or after January 1, 1986 [1987], shall operate
43       on public waters of this state any motorboat or sailboat unless the person

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  1       possesses a certificate of completion of an approved boater safety edu-
  2       cation course of instruction lawfully issued to such person as provided by
  3       this act.
  4           (2) No owner or person in possession of any motorboat or sailboat
  5       shall permit another person born on or after January 1, 1986 [1987], to
  6       operate such motor boat or sailboat unless such other person has been
  7       lawfully issued a certificate of completion of an approved boater safety
  8       education course of instruction as provided by this act.
  9           (b) No person who is a resident of this state and is charged with a
10       violation of subsection (a)(1) shall be convicted of the violation if such
11       person produces in court or in the office of the arresting officer a certif-
12       icate of completion of an approved boater safety education course of
13       instruction lawfully issued to such person and valid at the time of such
14       person's arrest.
15           New Sec. 3. (a) The secretary shall prescribe an approved boater
16       safety education course of instruction of not less than a total of eight hours
17       concerning the safe operation of motorboats and sailboats. Such course
18       of instruction must be recognized by the United States coast guard in
19       order to gain approval of the secretary.
20           (b) The secretary shall institute and coordinate an approved boater
21       safety education course of instruction through the use of department per-
22       sonnel, as well as through cooperation with local subdivisions of govern-
23       ment, federal governmental entities, reputable individuals or reputable
24       organizations having boater safety education as an objective, as the sec-
25       retary deems necessary and appropriate.
26           (c) At the secretary's discretion, the requirement that a person com-
27       plete an approved boater safety education course of instruction may be
28       fulfilled through completion of correspondence course materials, includ-
29       ing satisfactory completion of a written examination, recognized by the
30       United States coast guard and approved by the secretary. Each person
31       requesting a certificate based on completion of such correspondence
32       course shall attest, to the satisfaction of the secretary, that the substance
33       of the answers on the written examination were provided by that person
34       without assistance. Persons requiring assistance to read examination ques-
35       tions or to mark examination answers may receive such assistance if they
36       receive no assistance in the determination of the substance of the answers.
37           (d) The secretary may require, pursuant to K.S.A. 32-988 and amend-
38       ments thereto, a fee to cover costs of services, material and supplies from
39       any person enrolling in an approved boater safety education course of
40       instruction.
41           New Sec. 4. (a) On and after January 1, 1998 [1999], the secretary
42       may issue a certificate of completion of an approved boater safety edu-
43       cation course of instruction to any person for course work completed prior

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  1       to January 1, 1998 [1999], upon: (1) Submission to the secretary of evi-
  2       dence of successful completion of a boater safety education course of
  3       instruction as formerly approved by the secretary prior to January 1, 1998
  4       [1999], and such other information as requested by the secretary; and
  5       (2) payment of the fee prescribed pursuant to K.S.A. 32-988 and amend-
  6       ments thereto.
  7           (b) The secretary shall designate those persons who are authorized
  8       to issue a certificate to persons who successfully complete, on and after
  9       January 1, 1998 [1999], an approved boater safety education course of
10       instruction and the authorization shall continue until revoked by the sec-
11       retary. Certificates issued by authorized designees shall remain valid until
12       revoked. In addition to any other penalties prescribed by statute or rules
13       and regulations, the secretary, in the secretary's discretion, may revoke
14       the certificate of any person convicted of a violation of any provision in
15       article 11 of chapter 32 of the Kansas Statutes Annotated. Upon revoca-
16       tion of a person's certificate, the person shall be required thereafter to
17       satisfactorily complete an approved boater safety education course of in-
18       struction before operating any motorboat or sailboat in this state.
19           (c) The secretary, in the secretary's discretion, may accept as com-
20       plying with the requirements of this act any similar certificate issued out-
21       side the state of Kansas by a governmental agency, or by a public or
22       private association or club, in compliance with an approved governmental
23       program having boater safety education as one of the program's objectives
24       and recognized by the United States coast guard.
25           New Sec. 5. Any nonresident who has been within this state for a
26       period of less than 30 consecutive days, and any person who has been a
27       resident of this state for a period of less that 60 days, shall be exempt
28       from the requirements of subsection (a)(1) of section 2.
29           New Sec. 6. The committee on surety bonds and insurance, within
30       the limitations of appropriations made therefor, shall purchase such lia-
31       bility insurance as the committee deems necessary for the protection of
32       persons engaged in conducting an approved boater safety education
33       course of instruction against any liability for injuries or damages arising
34       from the conducting of such course by such persons.
35        New Sec. 7. (a) As used in this section:
36           (1) ``Kansas river reach'' means all land owned by the state of
37       Kansas in the Kansas river channel up to the ordinary high water
38       mark within the designated reach. In cases where the state's own-
39       ership interest is affected by avulsion, ownership will be deter-
40       mined pursuant to K.S.A. 82a-201 et seq. and amendments thereto.
41           (2) ``Multi-use reach'' means a reach of the Kansas river where
42       any use authorized or not prohibited by law is allowed.
43           (3) ``Recreational use reach'' means a reach of the Kansas river

SB 236--Am. by H


  1       where commercial and industrial activities that require a permit
  2       pursuant to K.S.A. 82a-301 et seq., and amendments thereto are
  3       prohibited except for public water supplies, wastewater and storm-
  4       water outfalls, electric utilities, flood control and drainage works,
  5       bridges or buried transmission lines and pipelines.
  6           (4) ``River miles'' means river miles officially designated by the
  7       United States army corps of engineers in the Emergency Flood Plan,
  8       Kansas River, Mouth to Junction City, file number EM-1-420, March
  9       1977, revised April, 1986.
10           (b) (1) The following are hereby designated as multi-use
11       reaches on the Kansas river: River mile 0 to river mile 51.8 and
12       river mile 72 to river mile 125.
13           (2) The following are hereby designated as recreational use
14       reaches on the Kansas river: River mile 51.8 to river mile 72 and
15       river mile 125 to river mile 170.4.
16           New Sec. 8. Any person who commits any of the following
17       along the Kansas river shall be subject to prosecution: Criminal
18       trespass as defined by K.S.A. 21-3721 and amendments thereto;
19       littering, as defined by K.S.A. 21-3722 and amendments thereto;
20       injury to a domestic animal, as defined by K.S.A. 21-3727 and
21       amendments thereto; criminal hunting, as defined by K.S.A. 21-
22       3728 and amendments thereto; obstructing, injuring, damaging or
23       destroying property in violation of K.S.A. 24-636 and amendments
24       thereto; or any other violation of law.
25           New Sec. 9. Before causing any public access, boating facili-
26       ties, ramps or docks to be built on the Kansas river within or ad-
27       jacent to any drainage district bounding the Kansas river, the sec-
28       retary of wildlife and parks shall obtain written approval of the
29       proposed project from:
30           (a) Such drainage district; or
31           (b) the owner of the property directly affected by the location
32       of such public access, boating facilities, ramps or docks and, if such
33       property is leased, the lessee.
34           Sec. 7 10. K.S.A. 32-1102 is hereby repealed.
35           Sec. 8 11. This act shall take effect and be in force from and after
36       its publication in the statute book.