An Act To Require Boating Safety Education
Maine Legislature, Session 123, LD 2067
Committee Amendment CA_A_H739 (House)

COMMITTEE AMENDMENT" A " to H.P. 1451, 1.D. 2067, Bill, "An Act To 
Require Boating Safety Education" 
Amend the bill by striking out all of the emergency preamble (page 1, lines 1 to 9 in 
L.D.) 
Amend the bill in section 2 in § 13074 by inserting before subsection 1 a new 
subsection to read: 
'1. 
Definition; noncommercial motorboat. 
For purposes of this section, 
"noncommercial motorboat" means a motorboat registered in the State or a federally 
documented motorboat operating within state waters when the operator is not engaged in 
a commercial activity licensed by a municipal or state government or the Federal 
Government. ' 
Amend the bill in section 2 in § 13074 in subsection 1 in the first paragraph in the last 
line (page 1, line 19 in 1.D.) by striking out the following: "or personal watercraft" 
Amend the bill in section 2 in § 13074 in subsection 1 by striking out all of paragraph 
C (page 1, lines 26 and 27 in 1.D.) and inserting the following: 
'C. Is operating a motorboat under a supervised program or activity, is being trained 
by a person qualified under paragraph A or B, or if under 16 years of age, is under the 
direct supervision of a parent or guardian while operating a motorboat with less than 
horsepower;' 
Amend the bill in section 2 in § 13074 in subsection 1 in paragraph E in the first line 
(page 1, line 33 in 1.D.) by striking out the following: "or personal watercraft" and in the 
3rd line (page 1, line 35 in 1.D.) by striking out the following: "or personal watercraft" 
Amend the bill in section 2 in § 13074 in subsection 1 in paragraph G in the first line 
(page 2, line 4 in 1.D.) by striking out the following: "or personal watercraft" 
Page \- 123LR2779(02)-1 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A" to H.P. 1451, L.D. 2067 
Amend the bill in section 2 in §13074 in subsection 2 in the first paragraph in the first 
and 2nd lines (page 2, lines 6 and 7 in L.D.) by striking out the following: "and personal 
watercraft" 
Amend the bill in section 2 in § 13074 in subsection 3 in the first line (page 2, line 19 
in L.D.) by striking out the following: "or personal watercraft" 
Amend the bill in section 2 in § 13074 by striking out all of subsection 4 and inserting 
the following: 
'4. Program implementation; rules. The commissioner and the Commissioner of 
Marine Resources shall jointly implement a recreational boating safety education 
program, referred to in this subsection as "the program. " 
A. The role of the commissioner and the Commissioner of Marine Resources in 
implementing the program is limited to: 
(1) Maintaining current levels of recreational boating safety education provided 
by the commissioners; 
(2) Identitying recreational boating safety education programs approved by the 
National Association of State Boating Law Administrators or a successor 
organization and certified for use in the State, including, but not limited to, 
programs provided by the United States Coast Guard Auxiliary and the United 
States Power Squadrons or a successor organization; 
(3) Issuing temporary boating safety certificates to purchasers of new and used 
motorboats at the time of issuance of identification numbers and validation 
stickers pursuant to section 13056; 
(4) Issuing certificates to noncommercial motorboat operators for compliance 
with the program when those operators have successfully taken equivalency 
examinations for boating safety education in lieu of taking a boating safety 
course; and 
(5) Jointly developing rules for program implementation and maintenance. 
B. 
In developing the rules pursuant to paragraph A, the commissioner and the 
Commissioner of Marine Resources shall consult and coordinate with the boating 
public and professional organizations for recreational boating safety and the boating 
business community. Rules may address but are not limited to addressing: 
(1) Compliance and enforcement procedures; 
(2) Making courses available statewide including through the Internet; 
(3) 
The acceptance of certificates, issued by recreational boating safety 
education courses approved by the National Association of State Boating Law 
Administrators or a successor organization and certified for use in the State, to 
document successful course completion; 
( 4) 
The issuance of duplicate certificates and record keeping by approved 
providers of boating safety education; 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A " to H.P. 1451, L.D. 2067 
(5) Requirements for course providers and instructor certification; 
(6) Equivalency examination criteria; 
(7) The establishment of standardized fees for proctored examinations; and 
(8) 
The establishment of fees for issuance of temporary certificates and 
certificates for successful completion of equivalency examinations, not to exceed 
the cost of issuing certificates and offering equivalency examinations. 
The commissioners shall adopt procedures and create any necessary forms to meet the 
requirements for motorboat rental and leasing businesses and the issuance of temporary 
boating safety certificates pursuant to section 13056, subsection I-C. 
Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, 
chapter 375, subchapter 2-A. 
5. Violation. The following penalties apply to violations of this section. 
A. A person who violates this section commits a civil violation for which a fine of 
not less than $100 or more than $500 may be adjudged. 
B. 
A person who violates this section after having been adjudicated as having 
committed 3 or more civil violations under this Part within the previous 5-year period 
commits a Class E crime.' 
Amend the bill in section 2 in § 13074 by renumbering the subsections to read 
consecutively. 
Amend the bill by striking out all of section 3 and inserting the following: 
'Sec. 3. Recreational boating safety education program. The Commissioner 
of Inland Fisheries and Wildlife and the Commissioner of Marine Resources shall 
implement the recreational boating safety education program pursuant to the Maine 
Revised Statutes, Title 12, section 13074 using existing personnel and resources. 
Sec. 4. Effective date. This Act takes effect July 1, 2010.' 
Amend the bill by striking out all of the emergency clause (page 3, lines 10 and 11 in 
L.D.) 
SUMMARY 
This amendment is the minority report. 
It removes the emergency preamble and emergency clause. 
It removes the references to personal watercraft, which is already included within the 
definition of "motorboat." 
It adds an exception for children under 16 years of age for the operation of a 
motorboat under 10 horsepower when under direct supervision of a parent or guardian. 
It changes a violation of the proposed law from a Class E crime to a civil violation. 
COMMITTEE AMENDMENT 
~ .,. 
COMMITTEE AMENDMENT "A " 
to H.P. 1451, L.D. 2067 
It directs the Commissioner of Inland Fisheries and Wildlife and the Commissioner 
of Marine Resources to implement a program for recreational boating safety education 
using existing resources. 
It provides that the role of the Commissioner of Inland Fisheries and Wildlife and the 
Commissioner of Marine Resources is one of general oversight of recreational boating 
safety education. 
It directs the Commissioner of Inland Fisheries and Wildlife and the Commissioner 
of Marine Resources, within existing resources, to maintain current levels of boating 
safety education programs already provided by the commissioners and to supplement 
those programs by identifying other suitable boating safety education courses provided by 
other entities and certifying those courses for use in the State. 
It provides an effective date of July 1, 2010. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 0212 1108 
~.&Zc=. 
LD 2067 
LR 2779(02) 
An Act To Require Boating Safety Education 
Fiscal Note for Bill as Amended by Committee Amendment" A " 
Committee: Inland Fisheries and Wildlife 
Fiscal Note Required: Yes 
Fiscal Note 
Future biennium cost increase - General Fund 
Correctional and Judicial Impact Statements 
Establishes new civil violations and Class E crimes. The collection of additional fines may also increase General 
Fund revenue by minor amounts. 
Fiscal Detail and Notes 
This bill requires mandatory boating safety education for all motorboat users, phased in during a 5 year period starting 
June 30, 2011 and ending June 30, 2016. The Department ofInland Fisheries and Wildlife indicates there will be 
costs associated with the program beginning in fiscal year 2010-11 for staff time, materials for increased attendance 
of current courses, travel, and miscellaneous office expenses. The additional staff time results from the following 
additional responsibilities: identifying approved courses, handling inquiries from the public, coordinating with off-
site locations on proctored exams and course materials, maintaining a database of course certifications and issuing 
duplicate certificates if needed. The bill indicates the program must be implemented and administered within existing 
resources. As General Fund resources will be taken from other programs, there may be a detrimental impact on 
existing programs and services. 
The bill allows the department to assess fees for proctored examinations. However, the department indicates that all 
proctored exams would be given by an outside organization (e.g., adult education, community college) and all costs 
would be borne by those organizations. Additionally, the bill allows the department to charge fees to recover the costs 
of issuing temporary certificates and issuing certificates for successful completion of equivalency examinations. The 
department does not anticipate it will need to issue these documents and no costs for them will be incurred. 
Therefore, there wi II be no fees assessed to cover the expense of such documents. 
Any costs incurred by the Department of Marine Resources associated with rule-making will be minor and can be 
absorbed within existing resources. 
LR2779(02) - Fiscal Note - Page I of I