MISSISSIPPI LEGISLATURE

2002 Regular Session

To: Judiciary

By: Senator(s) Hewes, Gollott

Senate Bill 2537

(COMMITTEE SUBSTITUTE)

AN ACT TO AMEND SECTION 59-21-85, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT CHILDREN UNDER A CERTAIN AGE SHALL NOT OPERATE PERSONAL WATERCRAFT UNLESS ACCOMPANIED BY A PERSON 21 YEARS OF AGE; TO AUTHORIZE THE DEPARTMENT OF MARINE RESOURCES TO CONDUCT BOATING SAFETY COURSES; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  Section 59-21-85, Mississippi Code of 1972, is amended as follows:

     59-21-85.  (1)  (a)  No motorboat * * * shall be operated by any person who is under the age of twelve (12) years, unless he * * * is * * * accompanied by a parent, guardian or other person who is at least twenty-one (21) years of age and qualified and capable of operating the same.  No personal watercraft shall be operated by any person who is under the age of sixteen (16) years unless he is accompanied by a parent, guardian or other person who is at least twenty-one (21) years of age and qualified and capable of operating the same.

          (b)  A motorboat * * * may not be operated by any person born after June 30, 1980, unless the person has completed a course in boating safety conducted or approved by the Department of Wildlife, Fisheries and Parks or the Department of Marine Resources, and the person has in his immediate possession while operating a motorboat a certificate of satisfactory completion of the boating safety course.

          (c)  The requirement of possessing a certificate under this subsection shall not apply to any person operating a motorboat that is rented from a person engaged in the business of renting motorboats.

     (2)  Boating safety courses shall be held by the Department of Wildlife, Fisheries and Parks or the Department of Marine Resources, or instructors designated and approved by the departments.  The department * * * shall issue a certificate to each person who satisfactorily completes the boating safety course.

     (3)  In lieu of any other penalties provided for a violation of this chapter, a violation of this section is punishable by a fine of not less than Twenty-five Dollars ($25.00) nor more than Fifty Dollars ($50.00).

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2002.