306.127. Boating safety identification card required, when, requirements, fee--inapplicable, when--temporary boater education permit issued to nonresidents, when, rules, fee authorized, expiration dat

Boating safety identification card required, when, requirements,fee--inapplicable, when--temporary boater education permit issuedto nonresidents, when, rules, fee authorized, expiration date.

306.127. 1. Beginning January 1, 2005, every person born afterJanuary 1, 1984, or as required pursuant to section 306.128, who* operatesa vessel on the lakes of this state shall possess, on the vessel, a boatingsafety identification card issued by the Missouri state water patrol or itsagent which shows that he or she has:

(1) Successfully completed a boating safety course approved by theNational Association of State Boating Law Administrators and certified bythe Missouri state water patrol. The boating safety course may include acourse sponsored by the United States Coast Guard Auxiliary or the UnitedStates Power Squadron. The Missouri state water patrol may appoint agentsto administer a boater education course or course equivalency examinationand issue boater identification cards under guidelines established by thewater patrol. The Missouri state water patrol shall maintain a list ofapproved courses; or

(2) Successfully passed an equivalency examination prepared by theMissouri state water patrol and administered by the Missouri state waterpatrol or its agent. The equivalency examination shall have a degree ofdifficulty equal to, or greater than, that of the examinations given at theconclusion of an approved boating safety course; or

(3) A valid master's, mate's, or operator's license issued by theUnited States Coast Guard.

2. The Missouri state water patrol or its agent shall issue apermanent boating safety identification card to each person who complieswith the requirements of this section which is valid for life unlessinvalidated pursuant to law.

3. The Missouri state water patrol may charge a fee for such card orany replacement card that does not substantially exceed the costs ofadministrating this section. The Missouri state water patrol or itsdesignated agent shall collect such fees. These funds shall be forwardedto general revenue.

4. The provisions of this section shall not apply to any person who:

(1) Is licensed by the United States Coast Guard to serve as masterof a vessel;

(2) Operates a vessel only on a private lake or pond that is notclassified as waters of the state;

(3) Until January 1, 2006, is a nonresident who is visiting the statefor sixty days or less;

(4) Is participating in an event or regatta approved by the waterpatrol;

(5) Is a nonresident who has proof of a valid boating certificate orlicense issued by another state if the boating course is approved by theNational Association of State Boating Law Administrators (NASBLA);

(6) Is exempted by rule of the water patrol;

(7) Is currently serving in any branch of the United States armedforces, reserves, or Missouri national guard, or any spouse of a personcurrently in such service; or

(8) Has previously successfully completed a boating safety educationcourse approved by the National Association of State Boating LawAdministrators (NASBLA).

5. The Missouri state water patrol shall inform other states of therequirements of this section.

6. No individual shall be detained or stopped strictly for thepurpose of checking whether the individual possesses a boating safetyidentification card or a temporary boater education permit.

**7. Beginning January 1, 2006, any nonresident born after January 1,1984, desiring to operate a rental vessel on the lakes of this state, mayobtain a temporary boater education permit by completing and passing awritten examination developed by the Missouri state water patrol, providedthe person meets the minimum age requirements for operating a vessel inthis state. The Missouri state water patrol is authorized to promulgaterules for developing the examination and any requirements necessary forissuance of the temporary boater education permit. The temporary boatereducation permit shall expire when the nonresident obtains a permanentidentification card pursuant to subsection 2 of this section or thirty daysafter issuance, whichever occurs first. The Missouri state water patrolmay charge a fee not to exceed ten dollars for such temporary permit. Uponsuccessful completion of an examination and prior to renting a vessel, thebusiness entity responsible for giving the examination shall collect suchfee and forward all collected fees to the Missouri state water patrol on amonthly basis for deposit in the state general revenue fund. Such businessentity shall incur no additional liability in accepting the responsibilityfor administering the examination. This subsection shall terminate onDecember 31, 2010.

(L. 2003 S.B. 1, A.L. 2004 S.B. 1259)

*Word "who" does not appear in original rolls.

**Subsection 7 expires 12-31-10