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 to 6, inclusive, of this act.

1-3 Sec. 2. As used in sections 2 to 6, inclusive, of this act, unless the

1-4 context otherwise requires:

1-5 1. "Division" means the division of wildlife of the state department

1-6 of conservation and natural resources.

1-7 2. "Interstate waters of this state" means waters forming the

1-8 boundary between the State of Nevada and an adjoining state.

1-9 Sec. 3. 1. A person born on or after January 1, 1981, shall not

1-10 operate a motorboat that has a motor which exceeds 15 horsepower on

1-11 any interstate waters of this state unless the operator:

1-12 (a) Has:

2-1 (1) Successfully completed a course in safe boating that is approved

2-2 by the National Association of State Boating Law Administrators or

2-3 passed a proficiency examination if the examination was proctored and

2-4 tested the knowledge of information included in the curriculum of such a

2-5 course; and

2-6 (2) Received a certificate as evidence of successful completion of

2-7 the course or passage of the examination;

2-8 (b) Possesses a valid license to operate a vessel issued for maritime

2-9 personnel by the United States Coast Guard pursuant to 46 C.F.R. Part

2-10 10 or an equivalent license issued by the Canadian Coast Guard;

2-11 (c) Possesses a nonrenewable temporary operator’s permit to operate

2-12 the motorboat which is valid for 60 days and was issued with the

2-13 certificate of number for the motorboat if the boat is new or was sold

2-14 with a transfer of ownership;

2-15 (d) Possesses a rental or lease agreement provided pursuant to

2-16 subsection 3 which lists the person as an authorized operator of the

2-17 motorboat; or

2-18 (e) Is not a resident of this state, is at least 18 years of age and is

2-19 temporarily using the interstate waters of this state for a period not to

2-20 exceed 60 consecutive days, if he meets any applicable requirements of

2-21 his state of residency or province.

2-22 2. A person born on or after January 1, 1981, who is operating a

2-23 motorboat that has a motor which exceeds 15 horsepower on any

2-24 interstate waters of this state and who is stopped by a game warden,

2-25 sheriff or other peace officer in the enforcement of this chapter or the

2-26 regulations adopted pursuant thereto shall present to the game warden,

2-27 sheriff or peace officer:

2-28 (a) The certificate received by the person pursuant to subparagraph

2-29 (2) of paragraph (a) of subsection 1;

2-30 (b) A valid license described in paragraph (b) of subsection 1;

2-31 (c) A valid operator’s permit for the motorboat described in paragraph

2-32 (c) of subsection 1;

2-33 (d) A rental or lease agreement for the motorboat provided pursuant

2-34 to subsection 3 which lists the person as an authorized operator of the

2-35 motorboat; or

2-36 (e) Proof that he meets the requirements of paragraph (e) of

2-37 subsection 1.

2-38 Failure to present the certificate, license, permit, agreement or proof

2-39 constitutes prima facie evidence of a violation of subsection 1. A person

2-40 who fails to present the certificate, license, permit, agreement or proof is

2-41 guilty of a misdemeanor unless he presents the required documents in

2-42 court. Such documents must prove that the person was operating the

2-43 motorboat in compliance with this section on the date of the violation.

3-1 3. A person or his agent or employee engaged in the business of

3-2 renting or leasing motorboats shall not rent or lease a motorboat that has

3-3 a motor which exceeds 15 horsepower to any person born on or after

3-4 January 1, 1981, for operation on the interstate waters of this state unless

3-5 the person:

3-6 (a) Is 18 years of age or older; and

3-7 (b) Signs an affidavit that he:

3-8 (1) Has successfully completed a course in safe boating that is

3-9 approved by the National Association of State Boating Law

3-10 Administrators or has passed a proficiency examination that was

3-11 proctored and tests knowledge of the information included in the

3-12 curriculum of such a course;

3-13 (2) Possesses a valid license to operate a vessel issued for maritime

3-14 personnel by the United States Coast Guard pursuant to 46 C.F.R. Part

3-15 10 or an equivalent license issued by the Canadian Coast Guard; or

3-16 (3) Is not a resident of this state, is temporarily using the interstate

3-17 waters of this state for a period not to exceed 60 consecutive days and

3-18 meets any applicable requirements of his state of residency or province.

3-19 4. A person or his agent or employee engaged in the business of

3-20 renting or leasing motorboats for operation on the interstate waters of

3-21 this state shall list on each rental or lease agreement for a motorboat the

3-22 name and age of each person who is authorized to operate the motorboat.

3-23 The person to whom the motorboat is rented or leased shall ensure that

3-24 only those persons who are listed as authorized operators are allowed to

3-25 operate the motorboat. A person who is under 16 years of age may:

3-26 (a) Be listed as an authorized operator.

3-27 (b) Operate the motorboat only if an authorized operator who is 18

3-28 years of age or older is on board the motorboat and supervises the

3-29 person.

3-30 5. A person or his agent or employee engaged in the business of

3-31 renting or leasing motorboats for operation on the interstate waters of

3-32 this state shall provide to each authorized operator of a motorboat a

3-33 summary of the statutes and regulations governing the operation of a

3-34 motorboat and instructions regarding the safe operation of the

3-35 motorboat. Each person who is listed as an authorized operator of the

3-36 motorboat shall review the summary of the statutes, regulations and

3-37 instructions before the motorboat departs from the rental or leasing

3-38 office.

3-39 Sec. 4. 1. The division shall certify persons to provide, in

3-40 cooperation with the division, instruction in safe boating approved by the

3-41 National Association of State Boating Law Administrators. All persons

3-42 who successfully complete the course must be issued a certificate

3-43 evidencing successful completion.

4-1 2. The division may offer the courses in cooperation with

4-2 organizations that provide education in safe boating, including, without

4-3 limitation, the United States Coast Guard Auxiliary and the United States

4-4 Power Squadrons.

4-5 3. The division shall maintain a list, available for public inspection,

4-6 of the availability of courses in safe boating and any instructors who are

4-7 certified pursuant to subsection 1.

4-8 Sec. 5. 1. A person born on or after January 1, 1981, who is a

4-9 resident of this state and who possesses a certificate that evidences his

4-10 successful:

4-11 (a) Completion of a course in safe boating that is approved by the

4-12 National Association of State Boating Law Administrators, including,

4-13 without limitation, courses offered pursuant to section 4 of this act and

4-14 courses offered by the United States Coast Guard Auxiliary or the United

4-15 States Power Squadrons; or

4-16 (b) Passage of a proficiency examination that was proctored and tests

4-17 the knowledge of the information included in the curriculum of such a

4-18 course,

4-19 shall submit or cause to be submitted a copy of the certificate to the

4-20 division. The division may request additional information necessary for

4-21 the division to maintain the data base pursuant to subsection 2.

4-22 2. The division shall establish and maintain a data base of

4-23 certificates that it receives pursuant to subsection 1. The data base must

4-24 include, without limitation, the:

4-25 (a) Name, date of birth and gender of the holder of the certificate;

4-26 (b) Date, location and name of the course that the holder of the

4-27 certificate completed or the examination that he passed; and

4-28 (c) Number on the certificate.

4-29 Sec. 6. The commission may adopt regulations to carry out the

4-30 provisions of sections 2 to 6, inclusive, of this act.

4-31 Sec. 7. NRS 488.580 is hereby amended to read as follows:

4-32 488.580 1. A person shall not operate or authorize another person to

4-41 section 3 of this act.

5-1 2. There is prima facie evidence that a person is operating a personal

5-2 watercraft in a reckless or negligent manner if that person commits two or

5-3 more of the following acts simultaneously:

5-4 (a) Operates the personal watercraft within a zone closer than 5 lengths

5-5 of the longest vessel, unless both are leaving a flat wake or traveling at a

5-6 speed of not more than 5 nautical miles per hour.

5-7 (b) Operates the personal watercraft in the vicinity of a motorboat in a

5-8 manner that obstructs the visibility of either operator.

5-9 (c) Heads into the wake of a motorboat which is within a zone closer

5-10 than 5 lengths of the longest vessel and causes one-half or more of the

5-11 length of the personal watercraft to leave the water.

5-12 (d) Within a zone closer than 5 lengths of the longest vessel, maneuvers

5-13 quickly, turns sharply or swerves, unless the maneuver is necessary to avoid

5-14 collision.

5-15 3. As used in this section, "personal watercraft" means a class A

5-16 motorboat which:

5-17 (a) Is less than 13 feet in length;

5-18 (b) Is designed to be operated by a person sitting, standing or kneeling

5-19 on, rather than in, the motorboat;

5-20 (c) Is capable of performing sharp turns or quick maneuvers; and

5-21 (d) Has a motor that exceeds 10 horsepower.

5-22 Sec. 8. NRS 488.950 is hereby amended to read as follows:

5-23 488.950 1. Except as otherwise provided in this chapter, any person

5-25 misdemeanor.

5-26 2. A court may prohibit a person who violates any of the provisions

5-27 of this chapter from operating a motorboat upon the interstate waters of

5-28 this state until the person successfully completes, after the date of the

5-29 violation, a course in safe boating approved by the National Association

5-30 of State Boating Law Administrators. As used in this subsection,

5-31 "interstate waters of this state" means waters forming the boundary

5-32 between the State of Nevada and an adjoining state.

5-33 Sec. 9. The provisions of section 3 of this act do not apply to offenses

5-34 that are committed before January 1, 2001.

5-35 Sec. 10. 1. This section and sections 1, 2, 4, 6 and 9 of this act

5-36 become effective upon passage and approval.

5-37 2. Section 5 of this act becomes effective upon passage and approval

5-38 for the purpose of establishing a data base and on January 1, 2001, for all

5-39 other purposes.

5-40 3. Sections 3, 7 and 8 of this act become effective on January 1, 2001.