As Amended by House Committee
Session of 1999
HOUSE BILL No. 2106
By Committee on Environment
10 AN ACT concerning boating safety education; providing for an approved
11 course of instruction; requiring certain persons to obtain a certificate
12 of completion; amending K.S.A. 32-1102 and repealing the existing
15 Be it enacted by the Legislature of the State of Kansas:
16 Section 1. K.S.A. 32-1102 is hereby amended to read as follows: 32-
17 1102. As used in article 11 of chapter 32 of the Kansas Statutes Annotated
18 and amendments thereto, unless the context clearly requires a different
20 (a) "Vessel" means any watercraft designed to be propelled by ma-
21 chinery, oars, paddles or wind action upon a sail for navigation on the
23 (b) "Motorboat" means any vessel propelled by machinery, whether
24 or not such machinery is the principal source of propulsion.
25 (c) "Owner" means a person, other than a lienholder, having the
26 property in or title to a vessel. The term includes a person entitled to the
27 use or possession of a vessel subject to an interest in another person,
28 reserved or created by agreement and securing payment or performance
29 of an obligation, but the term excludes a lessee under a lease not intended
30 as security.
31 (d) "Waters of this state" means any waters within the territorial lim-
32 its of this state.
33 (e) "Person" means an individual, partnership, firm, corporation, as-
34 sociation, or other entity.
35 (f) "Operate" means to navigate or otherwise use a motorboat or a
37 (g) "Department" means the Kansas department of wildlife and
39 (h) "Secretary" means the secretary of wildlife and parks.
40 (i) "Length" means the length of the vessel measured from end to
41 end over the deck excluding sheer.
42 (j) "Operator" means the person who operates or has charge of the
43 navigation or use of a motorboat or a vessel.
44 (k) "Undocumented vessel" means a vessel which is not required to
45 have, and does not have, a valid marine document issued by the United
46 States coast guard or federal agency successor thereto.
47 (l) "Reportable boating accident" means an accident, collision or
48 other casualty involving a vessel subject to this act which results in loss
49 of life, injury sufficient to require first aid or medical attention, or actual
50 physical damage to property, including a vessel, in excess of an amount
51 established by rules and regulations adopted by the secretary in accord-
52 ance with K.S.A. 32-805 and amendments thereto.
53 (m) "Marine sewage" means any substance that contains any of the
54 waste products, excrement or other discharges from the bodies of human
55 beings or animals, or foodstuffs or materials associated with foodstuffs
56 intended for human consumption.
57 (n) "Marine toilet" means any latrine, head, lavatory or toilet which
58 is intended to receive marine sewage and which is located on or in any
60 (o) "Passenger" means any individual who obtains passage or is car-
61 ried in or on a vessel.
62 (p) "Sail board" means a surfboard using for propulsion a free sail
63 system comprising one or more swivel-mounted rigs (mast, sail and
64 booms) supported in an upright position by the crew and the wind.
65 (q) "Dealer" means any person engaged wholly or in part in the busi-
66 ness of manufacturing, constructing, assembling, selling, offering for sale,
67 exchanging, buying for the purpose of resale or taking in trade for the
68 purpose of resale two or more vessels within a 12-month period.
69 (r) "Demonstrate" means to operate a vessel on the waters of this
70 state for the purpose of selling, trading, negotiating or attempting to ne-
71 gotiate the sale or exchange of interests in new or used vessels or for the
72 purpose of testing the design or operation of a vessel. Demonstrate does
73 not include operation of a vessel on the waters of this state for personal
74 or recreational purposes by a dealer or a member of the dealer's family,
75 or by an employee of a dealer or a member of the employee's family.
76 (s) "Sailboat" means any vessel, other than a sail board, that is de-
77 signed to be propelled by wind action upon a sail for navigation on the
79 New Sec. 2. (a) On and after January 1, 2000:
80 (1) No person born on or after January 1, 1988, shall operate on
81 public waters of this state any motorboat or sailboat unless the person
82 possesses a certificate of completion of an approved boater safety edu-
83 cation course of instruction lawfully issued to such person as provided by
84 this act.
85 (2) No owner or person in possession of any motorboat or sailboat
86 shall permit another person born on or after January 1, 1988, to operate
87 such motorboat or sailboat unless such other person
has either: (A) Has
88 been lawfully issued a certificate of completion of an approved boater
89 safety education course of instruction as provided by this act, or (B) is
90 legally exempt from the requirements of subsection (a)(1).
91 (b) The requirement in subsection (a)(1) shall not apply to a
92 person operating a motorboat or sailboat accompanied by and un-
93 der the direct and audible supervision of a person over 17 years
94 of age who either: (1) Possesses a certificate of completion of an
95 approved boater safety education course, or (2) is legally exempt
96 from the requirements of subsection (a)(1).
97 (c) The requirement in subsection (a)(1) shall not apply to a
98 person operating a motorboat equipped only with machinery for
99 vessel propulsion rated at less than 50 horsepower.
(b) (d) No person who is a resident of this state and is charged with
101 a violation of subsection (a)(1) shall be convicted of the violation if such
102 person produces in court or in the office of the arresting officer a certif-
103 icate of completion of an approved boater safety education course of
104 instruction lawfully issued to such person and valid at the time of such
105 person's arrest.
106 New Sec. 3. (a) The secretary shall prescribe an approved boater
107 safety education course of instruction of not less than a total of eight hours
108 concerning the safe operation of motorboats and sailboats. Such course
109 of instruction must be recognized by the United States coast guard in
110 order to gain approval of the secretary.
111 (b) The secretary shall institute and coordinate an approved boater
112 safety education course of instruction through the use of department per-
113 sonnel, as well as through cooperation with local subdivisions of govern-
114 ment, federal governmental entities, reputable individuals or reputable
115 organizations having boater safety education as an objective, as the sec-
116 retary deems necessary and appropriate.
117 (c) At the secretary's discretion, the requirement that a person com-
118 plete an approved boater safety education course of instruction may be
119 fulfilled through completion of correspondence course materials which
120 may be supervised by parents or guardians, including satisfactory
121 completion of a written examination, recognized by the United States
122 coast guard and approved by the secretary. Each person requesting a
123 certificate based on completion of such correspondence course shall at-
124 test, to the satisfaction of the secretary, that the substance of the answers
125 on the written examination were provided by that person without assis-
126 tance. Persons requiring assistance to read examination questions or to
127 mark examination answers may receive such assistance if they receive no
128 assistance in the determination of the substance of the answers.
129 (d) The secretary may require, pursuant to K.S.A. 32-988 and amend-
130 ments thereto, a fee to cover costs of services, material and supplies from
131 any person enrolling in an approved boater safety education course of
133 New Sec. 4. (a) On and after January 1, 2000, the secretary may issue
134 a certificate of completion of an approved boater safety education course
135 of instruction to any person for course work completed prior to January
136 1, 2000, upon: (1) Submission to the secretary of evidence of successful
137 completion of a boater safety education course of instruction as formerly
138 approved by the secretary prior to January 1, 2000, and such other infor-
139 mation as requested by the secretary; and (2) payment of the fee pre-
140 scribed pursuant to K.S.A. 32-988 and amendments thereto.
141 (b) The secretary shall designate those persons who are authorized
142 to issue a certificate to persons who successfully complete, on and after
143 January 1, 2000, an approved boater safety education course of instruction
144 and the authorization shall continue until revoked by the secretary. Cer-
145 tificates issued by authorized designees shall remain valid until revoked.
146 In addition to any other penalties prescribed by statute or rules and reg-
147 ulations, the secretary, in the secretary's discretion, may revoke the cer-
148 tificate of any person convicted of a violation of any provision in article
149 11 of chapter 32 of the Kansas Statutes Annotated. Upon revocation of a
150 person's certificate, the person shall be required thereafter to satisfacto-
151 rily complete an approved boater safety education course of instruction
152 before operating any motorboat or sailboat in this state.
153 (c) The secretary, in the secretary's discretion, may accept as com-
154 plying with the requirements of this act any similar certificate issued out-
155 side the state of Kansas by a governmental agency, or by a public or
156 private association or club, in compliance with an approved governmental
157 program having boater safety education as one of the program's objectives
158 and recognized by the United States coast guard.
159 New Sec. 5. Any nonresident who has been within this state for a
160 period of less than 30 consecutive days, and any person who has been a
161 resident of this state for a period of less that 60 days, shall be exempt
162 from the requirements of subsection (a)(1) of section 2.
163 New Sec. 6. The committee on surety bonds and insurance, within
164 the limitations of appropriations made therefor, shall purchase such lia-
165 bility insurance as the committee deems necessary for the protection of
166 persons engaged in conducting an approved boater safety education
167 course of instruction against any liability for injuries or damages arising
168 from the conducting of such course by such persons.
169 Sec. 7. K.S.A. 32-1102 is hereby repealed.
170 Sec. 8. This act shall take effect and be in force from and after its
171 publication in the statute book.