SCS SB 1107 -- WATERCRAFT

SPONSOR:  Scott (Pollock)

COMMITTEE ACTION:  Voted "do pass" by the Special Committee on
State Parks and Waterways by a vote of 7 to 0.

This substitute changes the laws regarding watercraft.  In its
main provisions, the substitute:

(1)  Requires the holder of a certificate of ownership or
manufacturer's statement of origin for a vessel or outboard motor
to endorse an assignment with warranty of title and a statement
of all liens or encumbrances on the vessel or outboard motor at
the time of sale or transfer of ownership and give it to the
buyer at the time of delivery;

(2)  Clarifies that specialized lighting may be used in the act
of sport fishing;

(3)  Specifies that a person commits the crime of operating a
vessel while intoxicated, involuntary manslaughter with a vessel,
or assault with a vessel in the second degree when the person
operates any vessel in an intoxicated condition or operates any
vessel in any waters of the state while in an intoxicated
condition and acts with criminal negligence to cause the death of
or physical injury to any person;

(4)  Lowers from .1 of 1% to .08 of 1% the weight of alcohol
necessary in a person's blood in order for there to be a
presumption that the person is intoxicated;

(5)  Defines "prior offender" as any person who has pled guilty
to or been found guilty of one intoxication-related boating
offense within five years of the intoxication-related boating
offense for which the person is charged.  A person proved to be a
prior offender will be guilty of a class A misdemeanor and will
not be eligible for probation or parole until he or she has
served a minimum of five days' imprisonment;

(6)  Defines "persistent offender" as a person who has pled
guilty to or been found guilty of two or more intoxication-
related boating offenses, involuntary manslaughter with a vessel,
assault with a vessel in the second degree, or assault of a law
enforcement officer in the second degree while in an intoxicated
condition or under the influence of a controlled substance
operates a vehicle or motorboat to cause injury to the law
enforcement officer.  A person proved to be a persistent offender
will be guilty of a class D felony and will not be eligible for
probation or parole until he or she has served a minimum of 10
days' imprisonment;

(7)  Defines "aggravated offender" as a person who has pled
guilty to or been found guilty of three intoxication-related
boating offenses or has pled guilty to or been found guilty of
one or more intoxication-related boating offenses and any of the
following:  involuntary manslaughter with a vessel, assault with
a vessel in the second degree, or assault of a law enforcement
officer in the second degree while in an intoxicated condition or
under the influence of a controlled substance operates a vehicle
or motorboat to cause injury to the law enforcement officer.  A
person proved to be an aggravated offender will be guilty of a
class C felony and will not be eligible for probation or parole
until he or she has served a minimum of 60 days' imprisonment;

(8)  Defines "chronic offender" as a person who has pled guilty
to or been found guilty of four or more intoxication-related
offenses; has pled guilty to or been found guilty of, on two or
more separate occasions, any combination of the following:
involuntary manslaughter with a vessel, assault with a vessel in
the second degree, or assault of a law enforcement officer in the
second degree while in an intoxicated condition or under the
influence of a controlled substance; or has pled guilty to or
been found guilty of two or more intoxication-related offenses
and any of the following:  involuntary manslaughter with a
vessel, assault with a vessel in the second degree, or assault of
a law enforcement officer in the second degree while in an
intoxicated condition or under the influence of a controlled
substance operates a vehicle or motorboat to cause injury to the
law enforcement officer.  A person proved to be a chronic
offender will be guilty of a class B felony and will not be
eligible for probation or parole until he or she has served a
minimum of two years' imprisonment;

(9)  Specifies that no prior, persistent, aggravated, or chronic
offender will be given an imposition of sentence;

(10)  Prohibits vessels from being operated at a speed in excess
of the slow no-wake speed within 100 feet of any emergency vessel
that has red or blue lighting displayed;

(11)  Requires the Commissioner of the State Water Patrol to have
at least 10 years' experience of similar law enforcement duties
or at least five years' experience as a uniformed member of the
patrol;

(12)  Prohibits any city or political subdivision from adopting
special rules and regulations restricting the operation of
personal watercraft on the waters of the state;

(13)  Specifies that a person will be guilty of the crime of
involuntary manslaughter if he or she operates a vessel in an
intoxicated condition and in doing so acts with criminal
negligence to cause the death of any person or operates a vessel
in violation of subsections 1 and 2 of Section 306.132, RSMo, and
causes the death of any person authorized to operate an emergency
watercraft;

(14)  Expands the crime of assault of a law enforcement officer
to include the operation of a vessel with criminal negligence to
cause physical injury to a law enforcement officer, emergency
personnel, or probation and parole officer;

(15)  Expands the crime of abandoning a motor vehicle to include
the abandonment of a vessel on the right-of-way of any public
road or state highway; and

(16)  Removes the limitation on the number of water patrol
sergeants, corporals, and patrolmen that the patrol may employ.
Currently, it may not have more than 99 members.

The substitute contains an emergency clause for the provisions
regarding an imposition of sentence for prior, persistent,
aggravated, or chronic offenders.

FISCAL NOTE:  Estimated Cost on General Revenue Fund of Less than
$100,000 in FY 2009, FY 2010, and FY 2011.  No impact on Other
State Funds in FY 2009, FY 2010, and FY 2011.

PROPONENTS:  Supporters say that the bill makes the state's
boating while intoxicated laws the same as the driving while
intoxicated laws.

Testifying for the bill were Senator Scott; State Water Patrol;
Tri County Lodging Association; Water Patrol Association; and
American Watercraft Association.

OPPONENTS:  There was no opposition voiced to the committee.

Missouri House of Representatives
94th General Assembly, 2nd Regular Session
Last Updated October 15, 2008 at 3:13 pm