Missouri Senate

Introduced

SECTION 304.157

This section allows local governments to tow vessels that are derelict and harmful to the public health under the authority of a local ordinance in the same manner as towing motor vehicles in the same condition.

SECTION 306.010

This section defines the term "skiing" as any activity that involves a person or persons being towed by a vessel, including but not limited to, water skiing, wake boarding, wake surfing, knee boarding, and tubing.

SECTION 306.015

In the event of a sale or transfer of ownership of a vessel or outboard motor for which a certificate of ownership or manufacturer's statement of origin has been issued, the holder of such certificate shall endorse on the same an assignment thereof, with warranty of title in form prescribed thereon, and prescribed by the director of the department of revenue, with a statement of all liens or encumbrances on the vessel or outboard motor, and deliver the same to the buyer at the time of delivery. However, when the transfer occurs within a corporation holding a license to operate as a dealer, it shall not be treated as a retail sale.

SECTION 306.100

This section prohibits vessels from displaying continuous spotlights, docking lights, and other non-prescribed lights from sunset to sunrise.

SECTION 306.111

Under this section, it is possible for a person to commit the crimes of negligent operation of a vessel, operating a vessel while intoxicated, involuntary manslaughter with a vessel, and assault with a vessel in the second degree on any waters of the state, rather than only the Mississippi River, Missouri River, or the lakes of this state.

SECTIONS 306.112, 306.114 & 306.117

A person commits the crime of operating a vessel with excessive blood alcohol content (BAC) if such person operates a vessel with a BAC of .08 rather than .10.

The requirement for a nonalcoholic antiseptic to be used for cleansing the skin before drawing blood for a BAC test is removed from statute.

In court, it shall be presumed that a person was not intoxicated if such person's BAC was .05 or less. If the person's BAC was more than .05 but less than .08, the fact shall not give rise to any presumption regarding the person's intoxication, but may be considered as evidence of intoxication. If the person's BAC was more than .08, it shall be prima facie evidence that the person was intoxicated while boating.

SECTION 306.118

This section creates the classifications of "prior", "persistent", "aggravated", and "chronic" for repeat intoxication-related boating offenders. The penalties for each classification of offenders increase respectively based on the number and severity of the offenses committed. The penalties in this section treat persons found guilty of or pleading guilty to intoxication-related boating offenses in a similar manner as persons pleading guilty to or found guilty to intoxication-related traffic offenses.

No court shall suspend the imposition of sentence for prior, persistent, aggravated, or chronic offenders or allow a person to pay a fine instead of serving a prison term. This section also sets a minimum amount of time that such offenders must serve before being eligible for probation or parole.

This section also outlines the requirements that must be met to prove a person is a prior, persistent, aggravated, or chronic offender and provides the same court procedure for intoxication-related boating cases as for intoxication-related traffic offender cases.

SECTION 306.124

This section allows the Water Patrol, due to a man-made or natural disaster, to close waters of the state without the use of official regulatory markers.

SECTIONS 306.125, 306.126, & 306.127

Currently, certain watercraft regulations only apply to certain lakes and rivers in the state. Under this act, such requirements are applicable to all waters of the state. In addition, a person must display a flag at all times when operating a water craft rather than from only 11 a.m. to sunset. The provision allowing such flags to not be displayed during towing is repealed.

SECTION 306.132

Vessels shall not be operated at a speed in excess of slow no-wake speed within 100 feet of any emergency vessel that has red or blue lighting displayed.

SECTION 306.147

This section has certain motorboat muffler and noise regulations applicable on all waters of the state instead of only specific lakes and rivers.

SECTION 306.163

Currently, the Governor appoints a commissioner of the Water Patrol. This section requires such commissioner to be from the uniformed membership of the patrol.

SECTION 306.221

This section prohibits a person from operating a vessel as to obstruct or impede the normal flow of traffic on the waters of this state rather than only the lakes of the state.

SECTION 565.024

Under this act, a person commits involuntary manslaughter in the first degree if he or she:

1) operates a vessel while intoxicated and acts with criminal negligence to cause the death of a person;

2) causes the death of a person not a passenger in the vessel operated by the defendant; or

3) operates a vessel by not stopping when required for an emergency vehicle or upon request of the water patrol directing traffic and when doing so, acts with criminal negligence to cause the death of a person operating an emergency watercraft. A person who commits involuntary manslaughter by causing the death of an emergency watercraft operator in this way is guilty of a Class B felony.

SECTION 565.082

This section expands the crime of assault of a law enforcement officer in the second degree to include operating a vessel while in an intoxicated condition and when doing so, acting with criminal negligence to cause physical injury to an officer.

SECTION 577.080

This section makes it a crime to abandon a vessel in the same manner as it is criminal to abandon a motor vehicle or trailer. Such crime is a Class A misdemeanor.

SUSAN HENDERSON MOORE