SB 118

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AN ACT

RELATING TO BOATING; ENACTING NEW SECTIONS OF THE BOAT ACT TO

REQUIRE RULES FOR SAFE BOATING EDUCATION AND TO REQUIRE USE

OF PERSONAL FLOTATION DEVICES FOR CHILDREN.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. A new section of the Boat Act is enacted to

read:

"SAFE BOATING RULES.--The division shall adopt safe

boating education rules that require that:

A. a person born after January 1, 1989 who

operates a motorboat on the waters of this state shall:

(1) have completed a safe boating education

course that is approved by the national association of state

boating law administrators and certified by the division or

passed an equivalency examination that was proctored and that

tested the knowledge of information included in the

curriculum of the course and have received a certificate of

completion of the certified course or passage of the

equivalency examination;

(2) possess a valid license to operate a

vessel issued for maritime personnel by the United States

coast guard pursuant to 46 CFR Part 10 or a marine

certificate issued by the Canadian government; or

(3) have received, as an authorized operator

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of a rented or leased motorboat, instructions regarding the

safe operation of the motorboat and a summary of the statutes

and rules governing the operation of a motorboat from a

person in the business of renting or leasing motorboats. The

instructions shall be valid only for the period of the rental

agreement not to exceed thirty days; and

B. a person in the business of renting or leasing

motorboats for a period not exceeding thirty days shall:

(1) not rent or lease a motorboat to a

person for operation on the waters of this state unless the

person meets the provisions of Subsection A of this section;

(2) maintain rental or lease records that

include the name and age of each person who is authorized to

operate the rented or leased motorboat; and

(3) provide each authorized operator of a

rented or leased motorboat with instructions regarding the

safe operation of the motorboat and a summary of the statutes

and regulations governing the operation of a motorboat."

Section 2. A new section of the Boat Act is enacted to

read:

"PERSONAL FLOTATION DEVICES REQUIRED.--The operator of a

vessel being used for recreational purposes shall require a

child age twelve or under who is aboard the vessel to wear a

personal flotation device approved by the United States coast

guard while the vessel is underway, unless the child is below

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deck or in an enclosed cabin."

Section 3. EFFECTIVE DATE.--The effective date of the

provisions of this act is January 1, 2007.