House Bill 1551

AN ACT TO AMEND SECTION 59-21-83, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT PENALTIES APPLICABLE TO RECKLESS OR NEGLIGENT OPERATION OF A VESSEL ON THE WATERWAYS OF THIS STATE SHALL INCLUDE CREATING EXCESSIVE WAKING WHICH ENDANGERS PERSONS OR PROPERTIES IN CONGESTED AREAS OR PIER/DOCK AREAS; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 59-21-83, Mississippi Code of 1972, is amended as follows:

59-21-83. (1) No vessel shall be operated within this state in a reckless or negligent manner or at a rate of speed greater than is reasonable and prudent under the then existing circumstances or when the operator is so physically or mentally incapacitated as to be incapable of safely operating such vessel, or while the operator is under the influence of intoxicating liquor or narcotics, or when such vessel is overloaded beyond its reasonable carrying capacity. The provisions of this section shall be applicable to all watercraft operating on the waters of this state inclusive of, but not limited to, undocumented or unnumbered vessels and shall specifically include all vessels exempted from numbering by Section 59-21-5 and surfboards, aquaplanes, airboats, water-skis, wakeboards or other watercraft.

(2) Reckless or negligent operation of a vessel pursuant to this section shall include, but is not limited to, causing an excessive wake for the prevailing conditions of the area in which the vessel is being operated. Excessive wake may include, but is not limited to, one (1) within one hundred (100) feet of a pier, boat dock, bulkhead or shoreline, which wake is of such magnitude as to endanger congested areas, or likely cause damage to moored boats, piers, docks, shorelines, or other public or private property.

(3) Boats specifically designed to create large wakes for water-skiing, wakeboarding and similar water sports, and being used in that manner within one hundred (100) feet of the areas described hereinabove constitutes reckless or negligent operation of a vessel in violation of this section.

SECTION 2. This act shall take effect and be in force from and after July 1, 2019.