To repeal sections 306.031, 306.060, 306.122, 306.125, 306.126, 306.142, 306.147, 306.221, 306.550 and 306.903, RSMo Supp. 1996, relating to watercraft, and to enact in lieu thereof fourteen new sections relating to the same subject, with penalty provisions and an emergency clause.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF MISSOURI, AS FOLLOWS:

Section A. Sections 306.031, 306.060, 306.122, 306.125, 306.126, 306.142, 306.147, 306.221, 306.550 and 306.903, RSMo Supp. 1996, are repealed and fourteen new sections enacted in lieu thereof, to be known as sections 306.031, 306.060, 306.122, 306.125, 306.126, 306.142, 306.147, 306.221, 306.230, 306.232, 306.234, 306.236, 306.550 and 306.903, to read as follows:

306.031. 1. If an original, manufacturer's, or other distinguishing number on any outboard motor or vessel has been destroyed, removed, covered, altered, defaced or is otherwise nonexistent, the director of revenue, upon application, payment of seven dollars and fifty cents, proper inspection, and satisfactory proof of ownership by the owner, shall issue a new or replacement identification number plate to be affixed to the outboard motor or vessel. The number plate shall be in the form prescribed by the director of revenue.

2. The owner or the owner's designee shall securely fasten the identification number plate immediately to the outside of the outboard motor or vessel close to the area where the original or manufacturer's identification number plate would typically be. After the identification number plate has been secured to the outboard motor or vessel as required, such number shall be the lawful number of the outboard motor or vessel for the purpose of identification and registration. No person shall destroy, remove, cover, alter or deface such number. Any person who violates the provisions of this subsection is guilty of a class B misdemeanor.

306.060. 1. If the ownership of a vessel changes, the new owner shall file a new application form with the required fee with the department of revenue and a new certificate of number may be awarded in the same manner as provided in section 306.030 for an original award of number.

2. The department of revenue may issue a one-time temporary certificate of number authorizing the operation of a vessel by the purchaser for not more than thirty days. A temporary permit issued under this section is not renewable. The department of revenue shall provide the temporary certificates of number. A person may purchase a temporary certificate from the department of revenue with proof of purchase of a vessel or from [a] the dealer when the vessel is purchased. The department shall provide temporary certificates of number to registered dealers in this state in sets of ten certificates. The fee for a temporary certificate of number shall be five dollars for each temporary certificate of number issued. A dealer may not charge more than five dollars for each temporary certificate of number issued by the dealer. The department of revenue shall prescribe the form for a temporary certificate of number. A temporary certificate of number is valid for the legal operation of a vessel only by the purchaser of the vessel from the date the certificate is issued for either thirty days or until proper title and registration have been obtained, whichever first occurs. A temporary certificate may not be transferred or displayed on any [other] vessel other than the vessel for which it was issued. The department of revenue shall determine the size, number configuration, construction and color of the temporary certificates of number.

3. The department of revenue or the dealer or the dealer's authorized agent shall insert the date of issuance and expiration date, year, make and the manufacturer's identification number of the vessel on the temporary certificate of number when issued to the purchaser. The dealer shall also insert the dealer's number on the temporary certificate of number. Every dealer that issues a temporary certificate of number shall keep, for inspection by authorized officers, an accurate record of each temporary certificate of number issued by the dealer by recording the certificate of number, purchaser's name and address, year, make and manufacturer's identification number of the vessel on which the temporary certificate of number is to be used and the date of issuance.

306.122. No person under fourteen years of age shall operate any motorboat or vessel upon the waters of this state unless such person is under the direct on-board supervision of a parent, guardian or other person sixteen years of age or older, or unless the motorboat is moored. No person shall authorize or knowingly permit a motorboat owned by such person or under the person's control to be operated on the waters of this state in violation of this section, nor shall a parent or guardian authorize or knowingly permit such a child, under fourteen years of age, [of such parent or guardian] to operate a motorboat in violation of this section.

306.125. 1. Every person shall operate a motorboat, vessel or watercraft in a careful and prudent manner and at a rate of speed so as not to endanger the property of another or the life or limb of any person and shall exercise the highest degree of care.

2. No person shall operate a motorboat, vessel or watercraft at any time from a half-hour after sunset until [a half-hour] an hour before sunrise the following day at a speed exceeding thirty miles per hour. This subsection shall only apply to the waters of the Mississippi River, the waters of the Missouri River, and lakes with an aggregate shoreline in excess of one hundred sixty miles.

3. Vessels shall not be operated within one hundred feet of any dock, pier, occupied anchored boat or buoyed restricted area on any lake at a speed in excess of slow-no wake speed.

4. Subsection 1 of this section shall not apply to a motorboat or other boat race authorized under section 306.130.

306.126. 1. The operator of a motorboat shall not allow any person to ride or sit on the gunwales, decking over the bow, railing, top of seat back or decking over the back of the motorboat while under way, unless such person is inboard of adequate guards or railing provided on the motorboat to prevent a passenger from being lost overboard. As used in this section, the term "adequate guards or railing" means guards or railings having a height parameter of at least six inches but not more than eighteen inches. Nothing in this section shall be construed to mean that passengers or other persons aboard a motorboat cannot occupy the decking over the bow of the boat to moor it to a mooring buoy or to cast off from such a buoy, or for any other necessary purpose. The provisions of this section shall not apply to vessels propelled by sail.

2. Whenever any person leaves any watercraft, other than a personal watercraft, [with the engine or motor in operation,] on the waters of the Mississippi River, the waters of the Missouri River or the lakes of this state and enters the water between the hours of 11:00 a.m. and sunset, the operator of such watercraft shall display on the watercraft a red or orange flag measuring not less than twelve inches by twelve inches. The provisions of this subsection shall not apply to watercraft that is moored or anchored. The flag required by this subsection shall be visible for three hundred sixty degrees around the horizon when displayed and shall be displayed only when an occupant of the watercraft has left the confines of the watercraft and entered the water. The flag required by this subsection shall not be displayed when the watercraft is engaged in towing any person, but shall be displayed when such person has ceased being towed and has reentered the water.

3. No operator shall knowingly operate any watercraft within fifty yards of a flag required by subsection 2 of this section at a speed in excess of a slow-no wake speed.

306.142. 1. No person shall operate a personal watercraft unless each person aboard is wearing a type I, type II, type III or type V personal flotation device approved by the United States Coast Guard.

2. A person operating a personal watercraft equipped by the manufacturer with a lanyard-type engine cutoff switch shall attach such lanyard to the person's body, clothing, or personal flotation device as appropriate for the specific vessel.

3. [On or after September 1, 1997,] No person under fourteen years of age shall operate a personal watercraft on the waters of this state, except that a person under fourteen years of age may operate a personal watercraft if a person at least sixteen years of age is aboard the personal watercraft.

4. Every personal watercraft shall at all times be operated in a reasonable and prudent manner. Maneuvers which unreasonably or unnecessarily endanger life, limb or property, including, but not limited to, weaving through congested vessel traffic, jumping the wake of another vessel when visibility around such vessel is obstructed, becoming airborne or completely leaving the water while crossing the wake of another vessel within one hundred feet of the vessel creating the wake, operating at a speed in excess of a slow-no wake speed within fifty feet of any vessel or any person in or on the water, and operating at such a speed and proximity to another vessel so as to require the operator to swerve to avoid collision, shall constitute unsafe or reckless operation of a [vessel] personal watercraft. No person shall operate a personal watercraft on any waters of this state for towing a person or persons on water skis, or a surfboard, or similar device unless there is a person on the personal watercraft, in addition to the operator, or an approved [rear-view] ski mirror attached to the personal watercraft, in a position to observe the progress of the person or persons being towed.

5. No person who owns a personal watercraft or who has charge over or control of a personal watercraft shall authorize or knowingly permit the personal watercraft to be operated in violation of this section, nor shall a parent or guardian authorize or knowingly permit a child of such parent or guardian to operate a personal watercraft in violation of this section.

6. The provisions of this section shall not apply to a person participating in a regatta, race, marine parade, tournament, or exhibition for which a permit has been issued by the state water patrol.

306.147. 1. As used in this section, the term "muffler" means a sound suppression device or system designed and installed to abate the sound of exhaust gases emitted from an internal combustion engine and which prevents excessive or unusual noise.

2. Effective January 1, 1996, a person shall not manufacture, sell or offer for sale or operate in this state any motorboat manufactured after that date that exceeds the noise level of 90dB(A) when subjected to a stationary sound level test as prescribed by SAE J2005. All motorboats manufactured prior to January 1, 1996, shall not exceed eighty-six decibels on an A-weighted scale when subjected to a sound level test as prescribed by SAE J34 when measured from a distance of fifty or more feet from the motorboat.

3. No person shall remove, alter or otherwise modify in any way a muffler or muffler system in a manner which will prevent it from being operated in accordance with this section. Nothing in this section shall preclude a person from removing, altering or modifying a muffler or muffler system so long as the muffler or muffler system continues to comply with subsection 2 of this section. This section shall not be construed so as to prohibit the use of any exhaust system or device, including but not limited to those not discharging water with exhaust gasses, so long as the device or system is in compliance with subsection 2 of this section.

4. Effective January 1, 1996, a person shall not manufacture, nor shall any person sell or offer for sale any motorboat which is manufactured after January 1, 1996, which is [not] equipped with a muffler or muffler system which does not comply with this section. The subsection shall not apply to power vessels designed, manufactured and sold for the sole purpose of competing in racing events and for no other purpose. Any such exemption or exception shall be documented in every sale agreement and shall be formally acknowledged by signature on the part of both the buyer and the seller. Copies of such agreement shall be maintained by both parties. A copy of such agreement shall be kept on board whenever the motorboat is operated. Any motorboat sold under this exemption may only be operated on the waters of this state in accordance with subsection 6 of this section.

5. As of January 1, 1996, every manufacturer which delivers a new motorboat for sale in this state shall certify, if the purchaser or dealer makes a request in writing, that the decibel level of the motorboat engine, muffler and exhaust system, as delivered to any licensed dealer in this state, does not exceed the noise level of 90dB(A) when subjected to a stationary sound level test as prescribed by SAE J2005. Such certificate of decibel level from the manufacturer shall be given by the dealer to the purchaser of the new motorboat if the motorboat is sold for use upon the waters of this state. The purchaser shall sign a statement acknowledging receipt of the certificate of decibel level which shall be supplied by the dealer. The dealer shall represent by affidavit whether or not the engine or muffler system of the new motorboat being sold has been altered or modified in any way.

6. The provisions of this section shall not apply to motorboats registered and actually participating in a racing event or tune-up periods for such racing events or to a motorboat being operated by a boat or engine manufacturer for the purpose of testing or development. The operator of any motorboat operated upon the waters of this state for the purpose of a tune-up for a sanctioned race or for testing or development by a boat or engine manufacturer shall at all times have in such operator's possession and produce on demand by a law enforcement officer a test permit issued by the state water patrol. For the purpose of races or racing events, such race shall only be sanctioned when conducted in accordance with and approved by the United States Coast Guard or this state.

7. Any officer authorized to enforce the provisions of this section who has probable cause to believe that a motorboat is not in compliance with the noise levels established in this section may direct the operator of such motorboat to submit the motorboat to an on-site test to measure noise levels, with the officer on board if such officer chooses, and the operator shall comply with such request. The owner of any motorboat which violates any provision of this section shall have sixty days from the date of the violation to bring the motorboat into compliance with the provisions of this section. Thereafter, it shall be the owner's responsibility to have the motorboat tested by the state water patrol. If the motorboat fails the state water patrol test, the owner shall immediately moor the motorboat and shall keep the motorboat moored until the state water patrol certifies that the motorboat is in compliance with the provisions of this section. Any person who fails to comply with a request or direction of an officer made pursuant to this subsection is guilty of a class C misdemeanor. Nothing in this subsection shall be construed to limit the officer's ability to enforce this section and to issue citations to the owner or operator of any motorboat during the sixty-day compliance period.

8. Any officer who conducts motorboat sound level tests as provided in this section shall be qualified in motorboat noise testing by the department of public safety. Such qualifications shall include but may not be limited to the selection of the measurement site, and the calibration and use of noise testing equipment in accordance with the testing procedure prescribed by SAE J2005 and SAE J34.

9. Unless otherwise indicated, any person who knowingly violates this section is guilty of an infraction for a first offense with a penalty not to exceed one hundred dollars, is guilty of an infraction for a second offense with a penalty not to exceed two hundred dollars, and is guilty of an infraction for a third or subsequent offense with a penalty not to exceed three hundred dollars.

10. This section shall only apply to the waters of the Mississippi River, the waters of the Missouri River, and lakes with an aggregate shoreline in excess of one hundred sixty miles. This section shall not apply to motorboats not intended for use in this state.

306.221. 1. No person shall operate or otherwise position a vessel or other object or any person in such manner as to obstruct or impede the normal flow of traffic on the lakes of this state.

2. Any person who violates subsection 1 of this section is guilty upon the first conviction of a class C misdemeanor and upon the second and any subsequent conviction of a class B misdemeanor.

306.230. As used in sections 306.230 to 306.238, the following words shall have the meanings given:

(1) "Lake", any lake included in the definition of waters of the state in section 306.010;

(2) "Raft", to anchor, moor, tie, bind or otherwise combine in any way so as to create a single unit; and it shall mean a combination of vessels which has been created as described in this subdivision; but it shall not include any vessel moored at a permanent, permitted dock or a personal watercraft;

(3) "Vessel", every motorboat and every description of motorized watercraft, excluding any watercraft powered by sail or a combination of sail and machinery.

306.232. 1. No person or persons shall raft together more than twenty vessels on any lake in this state.

2. No raft of vessels shall be located less than two hundred feet from another raft of vessels.

3. No person or persons shall moor, anchor, tie or otherwise position fully or partially on shore more than three vessels in a group in any cove in a lake where such waters are bordered on three sides by state park land. Each such group shall maintain a minimum separation distance of one hundred feet between every other group of vessels. This subsection shall not apply to shoreline immediately adjacent to established and designated camping facilities.

4. Each operator of a vessel in violation of this section is guilty of a class C misdemeanor for the first offense, shall be guilty of a class B misdemeanor for the second offense and shall be guilty of a class A misdemeanor for the third and any subsequent offenses. If a vessel is unoccupied or otherwise unclaimed by any operator, the owner of the vessel shall be in violation of this section, whether present or not.

306.234. 1. No person upon a lake shall commit any of the following acts:

(1) Exposure of such person's genitals under circumstances where a reasonable person would believe that such conduct would likely cause affront or alarm; or

(2) Have sexual contact in the presence of a third person or persons under circumstances where a reasonable person would believe that such conduct would likely cause affront or alarm.

2. Any person who violates the provisions of this section is guilty of a class B misdemeanor. A person who violates this section and has been found to have committed a previous violation is guilty of a class A misdemeanor.

3. A violation of this section shall not be considered a sexual offense.

4. A water patrol officer may arrest a person on sight for a violation of this section or section 566.093, RSMo.

306.236. 1. A water patrolman may order groups of vessels to disperse if there exists a safety concern or if such patrolman has reasonable grounds to believe any person in the group of vessels has violated any law of the state. Any person who fails to obey an order of a water patrolman pursuant to this subsection shall be guilty of a class C misdemeanor.

2. When believed necessary, the Missouri state water patrol may request assistance from other law enforcement agencies.

306.550. 1. When the certificate forms are printed, the director of revenue shall cause to be printed on the reverse side, a form for transfer of title to be used by the owner if the owner sells the registered outboard motor; to be completed and signed by the owner and delivered to the purchaser or transferee, as evidence of title.

2. When an outboard motor is transferred, the seller shall remove the registration number decal from the outboard motor. The purchaser shall within thirty days thereafter file an application for registration of the outboard motor in the purchaser's name, accompanied by the transfer of title duly executed, and accompanied by the registration fee which shall be the same as though no former registration had been made.

3. The department of revenue may issue a one-time temporary registration number authorizing the operation of an outboard motor by a purchaser for not more than thirty days. A temporary registration issued under this section is not renewable. The department of revenue shall provide the temporary registration numbers. A person may purchase a temporary registration number from the department of revenue with proof of purchase of an outboard motor, or from [a] the dealer, when the outboard motor is purchased. The department shall provide temporary registration numbers to registered dealers in this state in sets of ten registration numbers. The fee for the temporary registration number shall be two dollars for each registration number issued. A dealer may not charge more than two dollars for each registration number issued by the dealer. A registration number is valid for the legal operation of an outboard motor only by the purchaser of the outboard motor from the date the certificate is issued for either thirty days or until proper registration has been obtained, whichever first occurs. A registration number may not be transferred or displayed on any [other] outboard motor other than the outboard motor for which it was issued. The department of revenue shall determine the size and numbering configuration, construction, and color of the temporary registration number.

4. The department of revenue or the dealer or the dealer's authorized agent shall insert the date of issuance and expiration, year, make and manufacturer's identification number of the outboard motor on the temporary registration number when issued to the buyer. The dealer shall also insert the dealer's number on the temporary registration number. Every dealer that issues a temporary registration number shall keep, for inspection by authorized officers, an accurate record of each temporary registration number issued by the dealer by recording the registration number, buyer's name and address, year, make and manufacturer's identification number of the outboard motor on which the registration number is to be used, and the date of issuance.

306.903. 1. Any person who abandons a boat dock and permits it to float freely without being moored upon lakes having at least nine hundred fifty miles of aggregate shoreline is guilty of an infraction, the penalty for which shall be a fine of not less than twenty-five dollars or more than one hundred dollars.

2. Any person who abandons a boat dock shall be responsible for the retrieval and disposal of such boat dock. Any person who violates subsection 1 of this section and who does not properly retrieve and dispose of such abandoned boat dock shall, upon a plea of guilty or a finding of guilt for such an offense, be ordered to reimburse the appropriate law enforcement agency, including the state water patrol, for the costs associated with the retrieval and disposal of the abandoned boat dock. The law enforcement agency may establish a schedule of such costs. However, the court may reduce the costs if it determines that the costs are excessive.

3. The state water patrol may accept gifts, grants, in-kind services and appropriations, and may enter into contracts with private or public entities for the enforcement and administration of this section.

4. Beginning January 1, 1996, any person owning a boat dock on lakes having at least nine hundred fifty miles of shoreline shall [attach] display identifying information [to] on the dock, including but not limited to, a permit number issued to the owner by an entity having authority to issue such identification or permit number [for a fee not to exceed ten dollars. The fees may be used by the state water patrol for the enforcement and administration of this section]. Any person owning a boat dock on lakes having at least nine hundred fifty miles of aggregate shoreline who violates this subsection may be guilty of an infraction, the penalty for which shall not exceed twenty-five dollars.

     Section B. Because immediate action is necessary to protect the safety of watercraft operators and passengers, section A of this act is deemed necessary for the immediate preservation of the public health, welfare, peace and safety, and is hereby declared to be an emergency act within the meaning of the constitution, and section A of this act shall be in full force and effect upon its passage and approval.