An Act To Require Insurance on Motorized Watercraft
Maine Legislature, Session 129, LD 1525
Committee: Inland Fisheries and Wildlife
Sponsors: LAWRENCE
Amends: 12 MRSA §13068-B

Legislative Document
No. 1525
S.P. 474
In Senate, April 9, 2019
An Act To Require Insurance on Motorized Watercraft
Reference to the Committee on Inland Fisheries and Wildlife suggested and ordered 
printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator LAWRENCE of York.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  12 MRSA §13068-B is enacted to read:
§13068-B.  Insurance on motorized watercraft
1.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings.
A.  "Acceptable electronic format" means an image produced on a computer or 
personal electronic device that clearly displays proof of insurance.
B.  "Authorized insurer" has the same meaning as in Title 24-A, subsection 8.
C.  "Motorboat" has the same meaning as in section 13001, subsection 16.
D.  "Proof of insurance" means a policy declaration page or other documentation of 
all information of a watercraft insurance policy required under subsection 2.
2.  Insurance required.  An owner of a motorboat of more than 75 horsepower may 
not operate or allow operation of the motorboat on the inland or tidal waters of the State 
without carrying liability insurance issued by an authorized insurer for that motorboat in 
the amount or limit of at least:
A.  For damage to property, $25,000;
B.   For injury to or death of any one person, $50,000;
C.  For one accident resulting in injury to or death of more than one person, 
$100,000; and
D.  For medical payments per person, $2,000.
3.  Providing proof of insurance.  An operator of a motorboat under subsection 2 
shall provide proof of insurance, which may be in an acceptable electronic format:
A.  To a law enforcement officer upon request of a law enforcement officer; or
B.  If the motorboat is involved in an accident, to all persons involved in the accident.
4.  Civil violation.  A person who violates subsection 3:
A.  Commits a civil violation for which a fine of not less than $50 and not more than 
$250 must be adjudged;
B.  For a 2nd offense, commits a civil violation for which a fine of not less than $250 
and not more than $500 must be adjudged; and
C.  For a 3rd or subsequent offense, commits a civil violation for which a civil 
penalty of not less than $500 and not more than $1,000 must be adjudged.
The court or prosecuting attorney shall dismiss a violation under this subsection if, prior 
to adjudication, proof that the motorboat was insured under subsection 2 at the time of the 
violation is provided.
5.  Criminal violation.  An owner of a motorboat that is involved in an accident and 
is not insured under subsection 2 commits a Class D crime.
6.  Exception.  This section does not apply to an owner of a motorboat that is a 
governmental entity or a political subdivision of a governmental entity.
SUMMARY
This bill prohibits the owner of a motorboat of more than 75 horsepower from 
operating or allowing operation of the motorboat in the inland or tidal waters of the State 
without insurance on the motorboat similar to the financial responsibility provisions 
regarding motor vehicles.  The bill requires the operator of the motorboat to provide 
proof of insurance, which may be in an acceptable electronic format, to a law 
enforcement officer upon request or, if the motorboat is in an accident, to all persons 
involved in the accident. An operator of a motorboat who fails to provide proof of 
insurance commits a civil penalty unless proof of insurance is produced before 
adjudication of the violation, and an owner who fails to insure a motorboat that is then 
involved in an accident commits a Class D crime.