EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

1-1 Section 1. Chapter 488 of NRS is hereby amended by adding thereto

1-2 the provisions set forth as sections 2 and 3 of this act.

1-3 Sec. 2. 1. A person shall not operate a motorboat that has a motor

1-4 which exceeds 10 horsepower on any waters of this state unless:

1-5 (a) The operator has:

1-6 (1) Successfully completed a course in safe boating that is approved

1-7 by the National Association of State Boating Law Administrators or

1-8 passed a proficiency examination, whether or not proctored, that tests

1-9 knowledge of information included in the curriculum of such a course;

1-10 and

1-11 (2) Received a certificate as evidence of successful completion of

1-12 the course or passage of the examination; or

1-13 (b) If the motorboat is rented or leased, the operator is named as an

1-14 authorized operator of the motorboat on the rental or lease agreement for

1-15 the motorboat and has:

1-16 (1) Satisfied the requirements of paragraph (a); or

2-1 (2) Passed an abbreviated examination given pursuant to

2-2 paragraph (b) of subsection 3.

2-3 2. A person who is operating a motorboat that has a motor which

2-4 exceeds 10 horsepower on any waters of this state and who is stopped by

2-5 a law enforcement officer in the enforcement of this chapter or the

2-6 regulations adopted pursuant thereto shall present to the law

2-7 enforcement officer:

2-8 (a) The certificate received by the person pursuant to subsection 1; or

2-9 (b) The rental or lease agreement for the motorboat which shows that

2-10 the person is an authorized operator of the motorboat and has passed an

2-11 abbreviated examination on safe boating.

2-12 Failure to present the certificate or the rental or lease agreement

2-13 constitutes prima facie evidence of a violation of subsection 1.

2-14 3. A person engaged in the business of renting or leasing motorboats

2-15 shall not rent or lease a motorboat that has a motor which exceeds 10

2-16 horsepower to any person for operation on the waters of this state unless

2-17 the customer:

2-18 (a) Signs an affidavit that he has successfully completed a course in

2-19 safe boating that is approved by the National Association of State

2-20 Boating Law Administrators or has passed a proficiency examination

2-21 that tests knowledge of information included in the curriculum of such a

2-22 course; or

2-23 (b) Receives educational materials on safe boating from the rental or

2-24 leasing business and passes an abbreviated examination on safe boating

2-25 that is administered by the business. A passing score on the examination

2-26 is at least 90 percent. The achievement of a passing score on the

2-27 examination must be indicated on or attached to the rental or lease

2-28 agreement for the motorboat.

2-29 Sec. 3. The division of wildlife of the state department of

2-30 conservation and natural resources shall, upon request, make available

2-31 to a person engaged in the business of renting or leasing motorboats in

2-32 this state educational material on safe boating and an abbreviated

2-33 examination that must be used by the business for the purposes of

2-34 paragraph (b) of subsection 3 of section 2 of this act. The division may

2-35 charge a reasonable fee, not to exceed the actual costs incurred by the

2-36 division, for providing such materials and examinations.

2-37 Sec. 4. The provisions of section 2 of this act do not apply to offenses

2-38 that are committed before October 1, 1999.

2-39 Sec. 5. 1. This section and sections 1 and 3 of this act become

2-40 effective upon passage and approval.

2-41 2. Sections 2 and 4 of this act become effective on October 1, 1999.