HOUSE BILL 971134
BY REPRESENTATIVES Lawrence, Entz, George, Kaufman, Nichol, Schwarz, K. Alexander, Gordon, S. Johnson, Reeser, Taylor, Bacon, Dean, Epps, Musgrave, Sullivant, and Udall;
also SENATORS Bishop and Matsunaka.
CONCERNING VESSEL SAFETY, AND MAKING AN APPROPRIATION
IN CONNECTION THEREWITH.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. 3313102 (1), Colorado
Revised Statutes, 1995 Repl. Vol., is amended, and the said 3313102
is further amended BY THE ADDITION OF A NEW SUBSECTION, to read:
3313102. Definitions. As
used in this article, unless the context otherwise requires:
(1) "Motorboat" means any vessel
propelled by machinery, whether or not such machinery is the principal
source of propulsion INCLUDING "PERSONAL WATERCRAFT"
AS DEFINED IN SUBSECTION (3.3) OF THIS SECTION.
(3.3) "PERSONAL WATERCRAFT"
MEANS A MOTORBOAT THAT USES AN INBOARD MOTOR POWERING A WATER
JET PUMP AS ITS PRIMARY SOURCE OF MOTIVE POWER AND 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. "PERSONAL WATERCRAFT" INCLUDES A
MOTORBOAT KNOWN AS A "SPECIALTY PROPCRAFT", WHICH
IS SIMILAR IN APPEARANCE TO A PERSONAL WATERCRAFT BUT POWERED
BY AN OUTBOARD OR MOTOR DRIVEN PROPELLER.
SECTION 2. 3313106, Colorado
Revised Statutes, 1995 Repl. Vol., is amended to read:
3313106. Equipment requirements. (1) NO
PERSON SHALL OPERATE A PERSONAL WATERCRAFT UNLESS EACH PERSON
ABOARD IS WEARING A PERSONAL FLOTATION DEVICE OF A TYPE APPROVED
BY THE UNITED STATES COAST GUARD THAT IS IN A GOOD AND SERVICEABLE
CONDITION.
(2) A PERSON OPERATING A PERSONAL WATERCRAFT
EQUIPPED BY THE ORIGINAL MANUFACTURER WITH AN ENGINE CUTOFF SWITCH
LANYARD SHALL ATTACH SUCH LANYARD TO HIS OR HER PERSON, CLOTHING,
OR PERSONAL FLOTATION DEVICE, AS APPROPRIATE FOR THE SPECIFIC
VESSEL.
(1) (3) Every
vessel, OTHER THAN A PERSONAL WATERCRAFT, operated on the waters
of this state shall at all times have aboard:
(a) One personal flotation device of a
type approved by the commandant of the United States coast guard
in good and serviceable condition and in a readily accessible
place of storage for each person on board; except that sailboard
operators may wear a wet suit, as defined by the board, in lieu
of carrying a personal flotation device as required by this paragraph
(a);
(b) When in operation during hours of
darkness, a light sufficient to make the vessel's presence and
location known to any and all other vessels within a reasonable
distance;
(c) If not an entirely open vessel and
if carrying or using any inflammable or toxic fluid in any enclosure
for any purpose, an efficient natural or mechanical ventilation
system which shall be capable of removing any resulting gases
prior to and during the time such vessel is occupied by any person.
(d) (4) EVERY
VESSEL OPERATED ON THE WATERS OF THIS STATE SHALL HAVE such additional
equipment which
THAT is designed to promote navigational safety and which
THAT the board may find to be necessary or desirable for the safe
operation of vessels upon the waters of this state.
(2) (5) Any
person who violates subsection (1), (2), (3), OR (4) of this section
is guilty of a class 2 petty offense and, upon conviction thereof,
shall be punished by a fine of twentyfive
FIFTY dollars.
(3) (6) The
board may exempt vessels from the provisions of subsection (1),
(2), (3), OR (4) of this section under certain conditions or upon
certain waters.
SECTION 3. Article
13 of title 33, Colorado Revised Statutes, 1995 Repl. Vol., as
amended, is amended BY THE ADDITION OF A NEW SECTION to read:
3313107.1. Minimum age
of motorboat operators youth education.
(1) NO PERSON UNDER SIXTEEN YEARS OF AGE SHALL OPERATE
A MOTORBOAT IN THIS STATE EXCEPT AS PROVIDED IN THIS SECTION.
(2) A PERSON FOURTEEN YEARS OF AGE OR
OLDER WHO HAS NOT REACHED HIS OR HER SIXTEENTH BIRTHDAY MAY OPERATE
A MOTORBOAT ONLY IF HE OR SHE:
(a) COMPLETES A BOATING SAFETY COURSE
APPROVED BY THE DIVISION OF PARKS AND OUTDOOR RECREATION; AND
(b) HAS A BOATING SAFETY CERTIFICATE ISSUED
BY THE BOATING SAFETY COURSE PROVIDER IN HIS OR HER POSSESSION.
(3) NO PERSON SHALL PERMIT OR KNOWINGLY
AUTHORIZE A MOTORBOAT TO BE OPERATED BY A PERSON UNDER SIXTEEN
YEARS OF AGE; EXCEPT THAT A PERSON FOURTEEN YEARS OF AGE OR OLDER
WHO HAS NOT REACHED HIS OR HER SIXTEENTH BIRTHDAY MAY BE PERMITTED
OR AUTHORIZED TO OPERATE A MOTORBOAT IF HE OR SHE HAS MET THE
BOATING SAFETY AND CERTIFICATE REQUIREMENTS OF SUBSECTION (2)
OF THIS SECTION.
(4) NO OWNER OR OPERATOR OF A VESSEL LIVERY
OR AN AGENT OR EMPLOYEE OF SUCH OWNER OR OPERATOR SHALL LEASE,
HIRE, OR RENT A MOTORBOAT TO OR FOR OPERATION BY ANY PERSON UNDER
SIXTEEN YEARS OF AGE; EXCEPT THAT A PERSON FOURTEEN YEARS OF AGE
OR OLDER WHO HAS NOT REACHED HIS OR HER SIXTEENTH BIRTHDAY MAY
BE PERMITTED OR AUTHORIZED TO OPERATE A MOTORBOAT IF HE OR SHE
HAS MET THE BOATING SAFETY AND CERTIFICATE REQUIREMENTS OF SUBSECTION
(2) OF THIS SECTION.
(5) ANY PERSON WHO VIOLATES THIS SECTION
IS GUILTY OF A CLASS 2 PETTY OFFENSE AND, UPON CONVICTION THEREOF,
SHALL BE PUNISHED BY A FINE OF FIFTY DOLLARS.
(6) IT IS THE INTENT OF THE GENERAL ASSEMBLY
THAT NO GENERAL FUND DOLLARS BE APPROPRIATED FOR THE PURPOSE OF
IMPLEMENTING THE REQUIREMENTS OF THIS SECTION.
SECTION 4. 3313108
(1) (a), Colorado Revised Statutes, 1995 Repl. Vol., is amended
BY THE ADDITION OF A NEW SUBPARAGRAPH to read:
3313108. Prohibited vessel
operations. (1) (a) No
person shall operate or give permission for the operation of a
vessel:
(I) Which is not equipped as required
by this article or rules and regulations promulgated pursuant
thereto;
(II) Which emits noise in excess of the
permissible level established in standards promulgated by the
board in accordance with article 4 of title 24, C.R.S.;
(III) Above a wakeless speed in areas
zoned as wakeless, as defined by board rule or regulation;
(IV) IN A MANNER THAT VIOLATES ANY RULE
PROMULGATED BY THE BOARD FOR SAFE USE AND OPERATION OF VESSELS.
SECTION 5. 3313108 (1) (b),
(2), and (3), Colorado Revised Statutes, 1995 Repl. Vol., are
amended, and the said 3313108 (1) is further amended
BY THE ADDITION OF A NEW PARAGRAPH to read:
3313108. Prohibited vessel
operations. (1) (a.5) NO
PERSON SHALL OPERATE A PERSONAL WATERCRAFT BETWEEN ONE HALF HOUR
AFTER SUNSET AND ONE HALF HOUR BEFORE SUNRISE.
(b) Any person who violates paragraph
(a) OR (a.5) of this subsection (1) is guilty of a class 2 petty
offense and, upon conviction thereof, shall be punished by a fine
of twentyfive
FIFTY dollars.
(2) (a) It is unlawful for any person
to operate a vessel in a careless or imprudent manner without
due regard for zoning, traffic, and other attendant circumstances
or as to endanger any person, property, or wildlife. Any
person who violates this subsection (2) is guilty of a class
2 petty offense and, upon conviction
thereof, shall be punished by a fine of fifty dollars.
FOR PURPOSES OF THIS PARAGRAPH (a), CARELESS OR IMPRUDENT VESSEL
OPERATION INCLUDES, BUT IS NOT LIMITED TO, THE FOLLOWING:
(I) BECOMING AIRBORNE OR COMPLETELY LEAVING
THE WATER WHILE CROSSING THE WAKE OF ANOTHER VESSEL AT AN UNSAFE
DISTANCE FROM THE VESSEL CREATING THE WAKE OR WHEN VISIBILITY
AROUND SUCH VESSEL IS OBSTRUCTED;
(II) UNSAFELY WEAVING THROUGH VESSEL TRAFFIC;
(III) OPERATING AT SUCH A SPEED AND PROXIMITY
TO ANOTHER VESSEL SO AS TO REQUIRE THE OPERATOR OF EITHER VESSEL
TO ABRUPTLY SWERVE OR TO ABRUPTLY CUT SPEED IN ORDER TO AVOID
COLLISION.
(b) ANY PERSON WHO VIOLATES PARAGRAPH
(a) OF THIS SUBSECTION (2) IS GUILTY OF A CLASS 2 PETTY OFFENSE
AND, UPON CONVICTION THEREOF, SHALL BE PUNISHED BY A FINE OF ONE
HUNDRED DOLLARS.
(3) (a) It is unlawful for any person
to operate a vessel in such
a RECKLESS manner as to indicate either
a wanton or willful disregard for the safety of persons or property.
Any person who violates this subsection (3) is guilty of a misdemeanor
and, upon conviction thereof, shall be punished by a fine of not
less than one hundred dollars nor more than one thousand dollars,
or by imprisonment in the county jail for not more than one year,
or by both such fine and imprisonment.
SECTION 6. 3313112 (1),
Colorado Revised Statutes, 1995 Repl. Vol., as amended, is amended
to read:
3313112. Enforcement
applicability. (1) Every parks
and recreation officer and other peace officer of this state has
the authority to enforce the provisions of this article and, in
the exercise thereof, has the authority to stop and board any
vessel except that the officer shall have reasonable suspicion
prior to stopping and
boarding any vessel.
SECTION 7. 3332107 (2) (a), Colorado
Revised Statutes, 1995 Repl. Vol., is amended to read:
3332107. River outfitters
prohibited operations penalties.
(2) It is unlawful for any river outfitter, guide,
trip leader, or guide instructor to:
(a) Violate the safety equipment provisions
of section 3313106. Any person who violates the provisions
of this paragraph (a) is guilty of a misdemeanor and, upon conviction
thereof, shall be punished by a fine of one hundred dollars; except
that any person who fails to have one personal flotation device
for each person on board as required by section 3313106
(1) (a) 3313106 (3) (a)
commits a class 3 misdemeanor and, upon conviction thereof, shall
be punished as provided in section 181106, C.R.S.
SECTION 8. Appropriation.
In addition to any other appropriation, there is hereby appropriated,
out of any moneys in the parks and outdoor recreation cash fund
not otherwise appropriated, to the department of natural resources,
for allocation to the division of parks and outdoor recreation,
for the fiscal year beginning July 1, 1997, the sum of twentyeight
thousand six hundred ninetythree dollars ($28,693) and 0.5
FTE, or so much thereof as may be necessary, for the implementation
of this act.
SECTION 9. Effective date
applicability. Section 3 of this act shall
take effect on January 1, 1998, and the remainder of this act
shall take effect upon passage and shall apply to acts committed
on or after said date.
SECTION 10. Safety clause.
The general assembly hereby finds, determines, and declares that
this act is necessary for the immediate preservation of the public
peace, health, and safety.
____________________________ ____________________________
Charles E. Berry Tom Norton
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Judith M. Rodrigue Joan M. Albi
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE OF COLORADO