reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 32 - Wildlife, Parks And Recreation › Article 11 - Boating And Water Activities › 32-1115 Identification numbers; unlawful acts.

32-1115.
Identification numbers; unlawful acts.
(a) No person shall:
(1) Intentionally deface, destroy, remove or alter any hull identification number required for a vessel, without written authorization from the secretary.
(2) Place or stamp any serial number upon a vessel other than a number assigned to the vessel by the secretary.
(b) It shall be unlawful to sell, barter, exchange or possess any vessel if the original hull identification number has been destroyed, removed, altered or defaced.
(c) This section does not prohibit:
(1) The restoration of the original hull identification number by an owner of a vessel when the restoration of such number is authorized by the secretary.
(2) Any manufacturer from placing numbers or marks in the ordinary course of business upon new vessels or parts of vessels.
(d) Any law enforcement officer having knowledge of a vessel with a hull identification number that has been destroyed, removed, altered or defaced may seize and take possession of such vessel and may arrest the owner or custodian thereof and cause prosecution to be brought in a court of competent jurisdiction.
(e) The secretary, upon request, shall assign a hull identification number to any handmade vessel.
(f) Any person who knowingly violates any provision of subsection (a) or (b) shall be guilty of a class A nonperson misdemeanor.
History:
L. 2006, ch. 85, § 8; January 1, 2007.
2023 Kansas Statutes › Chapter 32 - Wildlife, Parks And Recreation › Article 11 - Boating And Water Activities › 32-1116 Assembled, reconstructed or restored vessels; circumstances where existing number unidentifiable.

32-1116.
Assembled, reconstructed or restored vessels; circumstances where existing number unidentifiable.
(a) When application for a certificate of number is made for a vessel which has been assembled, reconstructed, reconstituted or restored from one or more vessels, or the hull identification number as required by law is unidentifiable or uncertain, the owner of such vessel shall request the secretary inquire into the origin of the vessel. Such information shall be supplied by affidavit of the owner, if requested by the secretary. If, in the determination of the secretary, the vessel contains no stolen parts, the secretary shall assign an existing or new hull identification number to the vessel and direct the location and manner to affix the hull identification number. A charge of $10 shall be paid by the owner of a vessel requesting the inquiry.
(b) Any vessel having a destroyed, removed, altered or defaced hull identification number, which was not constructed in accordance with subsection (a), and if the true identity of the vessel cannot be determined, shall be reassigned a new hull identification number by the secretary or destroyed.
History:
L. 2006, ch. 85, § 9; January 1, 2007.
2023 Kansas Statutes › Chapter 32 - Wildlife, Parks And Recreation › Article 11 - Boating And Water Activities › 32-1117 Handmade vessels; assignment of number and issuance of decals; display; fee.

32-1117.
Handmade vessels; assignment of number and issuance of decals; display; fee.
(a) Whenever the secretary assigns a hull identification number to a handmade vessel, the hull identification number shall consist of two letters designating the state followed by the letter "Z"; the next five characters shall be an identifying serial number and the last four characters shall indicate the month and year of the vessel certificate of ownership issuance.
(b) The registered owner of a handmade vessel for which a hull identification number has been assigned shall carve, burn, stamp, emboss or otherwise permanently affix the assigned number to the outboard side of the starboard side of the transom or, if there is no transom, to the outermost starboard side at the end of the hull that bears the rudder or other steering mechanism and above the waterline of the vessel in such a way that alteration, removal, or replacement would be evident. The number must be at least 1/4 inch in height.
(c) The secretary shall issue a decal which indicates the assigned hull identification number to be affixed to each vessel which has been assigned under this section. The decal shall be affixed no more than two inches below the location of the hull identification number placed pursuant to the provisions in subsection (b). Such decal, as well as a duplicate decal placed in an unexposed portion of the interior of the vessel, shall be affixed by the department.
(d) It shall be unlawful to remove, alter or deface a decal or duplicate decal which has been issued for or affixed to a vessel pursuant to the provisions of subsection (c), or to affix or otherwise display such a decal or duplicate decal on any vessel other than the vessel for which the hull identification number was assigned, without first having obtained the written permission by the department.
(e) A hull identification inspection fee of $10 shall be assessed to the owner of a vessel requesting a hull identification number pursuant to this section.
History:
L. 2006, ch. 85, § 10; January 1, 2007.
2023 Kansas Statutes › Chapter 32 - Wildlife, Parks And Recreation › Article 11 - Boating And Water Activities › 32-1120 Restrictions on motorboat exhaust noise; compliance; penalties.

32-1120.
Restrictions on motorboat exhaust noise; compliance; penalties.
(a) A motorboat shall not be operated on the waters of this state under any condition or in any manner whereby the motorboat exhaust noise emits a sound level in excess of 92 decibels on the "A" weighted scale, when subjected to a stationary sound level test as prescribed by SAE J2005.
(b) The provisions of subsection (a) shall not apply to motorboats officially registered and competing in or while on trial runs 48 hours immediately preceding a regatta, race, marine parade, tournament or exhibition which has been authorized or permitted by the department.
(c) Any officer authorized to enforce the provisions of this section who has reasonable suspicion to believe that a motorboat is not in compliance with the noise levels established in this section may direct the operator of such motorboat to submit the motorboat to an on-site test to measure noise levels, with the officer on board if such officer chooses, and the operator shall comply with such request. The owner of any motorboat which violates any provision of this section shall have sixty days from the date of the violation to bring the motorboat into compliance with the provisions of this section. Thereafter, it shall be the owner's responsibility to have the motorboat tested by the department. If the motorboat fails such test, the motorboat shall not be operated on the waters of this state until the department certifies that the motorboat is in compliance with the provisions of this section. Failure to comply with a request or direction of an officer made pursuant to this subsection is a class C misdemeanor. Nothing in this section shall be construed to limit the officer's ability to enforce this section and to issue citations to the owner or operator of any motorboat during the sixty-day compliance period.
History:
L. 2006, ch. 85, § 7; L. 2008, ch. 88, § 1; April 24.
2023 Kansas Statutes › Chapter 32 - Wildlife, Parks And Recreation › Article 11 - Boating And Water Activities › 32-1125 Operation prohibitions.

32-1125.
Operation prohibitions.
(a) No person shall operate any motorboat or vessel or manipulate any water skis, surfboard or similar device in a reckless or negligent manner so as to endanger the life or property of any person.
(b) No person shall manipulate any water skis, surfboard or similar device while under the influence of alcohol or drugs, or both.
(c) No person shall operate any motorboat or vessel for pleasure riding or pull any water skis, surfboard or similar device in any waters of this state marked by buoys or otherwise designated as a mooring, launching, fishing or hunting nonboating area by a county or other political subdivision or by the secretary, except that a motorboat or vessel used for fishing may be operated in a mooring or launching nonboating area.
As used in this subsection, "waters of this state" includes, but is not limited to, any water storage reservoir impoundments over which the secretary has been granted jurisdiction by the proper agency or official of the United States government.
(d) No person shall operate or moor a vessel within a water area which is marked, by buoys or some other distinguishing device, as a bathing or swimming area or as an all-boats-prohibited area. No person shall operate a vessel for purposes other than fishing in areas marked by buoys or otherwise designated as fishing areas, and no person shall operate a vessel for purposes other than hunting in areas marked by buoys or otherwise designated as hunting areas, and in areas designated for combined use of fishing and hunting, vessels may be used for both purposes unless prohibited by federal law.
(e) No owner or person in possession of a vessel shall permit a person under 12 years of age to operate a motorboat unless accompanied and under the direct and audible supervision of a parent or other person over 17 years of age. "Direct and audible supervision" means a person on board the same vessel and in sufficiently close proximity of the operator's station to enable such person to quickly and safely assume control of such vessel if needed.
(f) No operator of a vessel shall willfully fail or refuse to bring such vessel to a stop, or otherwise flee or attempt to elude a pursuing law enforcement vehicle or vessel, when given a visual or audible signal to bring the operator's vessel to a stop. The signal may be given by hand, voice, emergency light or siren and shall be given by a uniformed law enforcement officer prominently displaying the officer's badge of office.
History:
L. 1959, ch. 321, § 10; L. 1961, ch. 469, § 1; L. 1970, ch. 408, § 7; L. 1987, ch. 403, § 1; L. 1989, ch. 118, § 148; L. 1995, ch. 164, § 5; L. 2006, ch. 85, § 5; January 1, 2007.
2023 Kansas Statutes › Chapter 32 - Wildlife, Parks And Recreation › Article 11 - Boating And Water Activities › 32-1126 Capacity limits.

32-1126.
Capacity limits.
(a) No person shall operate any vessel on any waters of this state carrying passengers or cargo beyond the safe passenger and cargo carrying capacity of the vessel as specified on the capacity plate required by subsection (b).
(b) Every vessel less than 20 feet in length designed to carry two or more persons and to be propelled by machinery as its principal source of power or designed to be propelled by oars, if manufactured or offered for sale in this state by the manufacturer after November 1, 1972, shall have permanently affixed thereto by the manufacturer a capacity plate as required by this section. Such capacity plate shall bear the following:
(1) For all vessels designed for or represented by the manufacturer as being suitable for use with outboard motor:
(A) The total weight of persons, motor, gear and other articles placed aboard which the vessel is capable of carrying with safety under normal conditions.
(B) The recommended number of persons commensurate with the weight capacity of the vessel and the presumed weight in pounds of each such person. In no instance shall such presumed weight per person be less than 150 pounds.
(C) Clear notice that the information appearing on the capacity plate is applicable under normal conditions and that the weight of the outboard motor and associated equipment is considered to be a part of total weight capacity.
(D) The maximum horsepower of the motor the vessel is designed or intended to accommodate.
(2) For all other vessels to which this section applies:
(A) The total weight of persons, gear and other articles placed aboard which the vessel is capable of carrying with safety under normal conditions.
(B) The recommended number of persons commensurate with the weight capacity of the vessel and the presumed weight in pounds of each such person. In no instance shall such presumed weight per person be less than 150 pounds.
(C) Clear notice that the information appearing on the capacity plate is applicable under normal conditions.
The secretary is authorized to adopt, in accordance with K.S.A. 32-805, and amendments thereto, rules and regulations to carry out the provisions of this section.
The failure to affix a proper capacity plate shall constitute a separate violation for each vessel with respect to which such failure occurs.
History:
L. 1970, ch. 408, § 9; L. 1970, ch. 409, § 1; L. 1979, ch. 333, § 1; L. 1989, ch. 118, § 149; July 1.
2023 Kansas Statutes › Chapter 32 - Wildlife, Parks And Recreation › Article 11 - Boating And Water Activities › 32-1127 Application of stability test criteria, when.

32-1127.
Application of stability test criteria, when.
(a) No person shall operate, nor shall the owner permit the operation of, any vessel on the waters of this state carrying more than 20 passengers unless such vessel satisfies the United States coast guard stability test criteria for small passenger vessels in 46 § C.F.R. 179.
(b) The owner of any vessel operating on the waters of this state and carrying more than 20 passengers shall request the United States coast guard to conduct or to supervise the conducting of a stability test in accordance with 46 C.F.R. § 179 and shall obtain and prominently display on such vessel an inspection certificate issued by the United States coast guard therefor, except that the requirements of this subsection shall be deemed to be satisfied if the United States coast guard refuses or is unable to conduct or to supervise the stability test and issue such certificate and a copy of the letter or other written notification of such refusal or inability is displayed prominently on such vessel.
History:
L. 1983, ch. 342, § 2; L. 1989, ch. 118, § 150; July 1.
2023 Kansas Statutes › Chapter 32 - Wildlife, Parks And Recreation › Article 11 - Boating And Water Activities › 32-1128 Water skis and surfboards; requirements.

32-1128.
Water skis and surfboards; requirements.
(a) No person shall operate a vessel on any waters of this state towing a person or persons on water skis, a surfboard, or similar device, nor shall any person engage in water skiing, surfboarding, or similar activity at any time between the hours from one-half hour after sunset to one-half hour before sunrise.
(b) The provisions of subsection (a) of this section do not apply to a performer engaged in a professional exhibition or a person or persons engaged in an activity authorized under K.S.A. 32-1149, and amendments thereto.
(c) No person shall operate or manipulate any vessel, tow rope or other device by which the direction or location of water skis, a surfboard, or similar device may be affected or controlled in such a way as to cause the water skis, surfboard, or similar device, or any person thereon to collide with or strike against any object or person.
(d) No person shall operate a motorboat on any waters of this state for towing a person or persons on water skis, a surfboard, or similar device, unless the boat is equipped with a wide angle rear view mirror properly placed to provide a maximum vision of the person or persons being towed, or there is an observer in the boat in addition to the operator. The observer must be a responsible person of at least 12 years of age.
(e) The operator or observer shall observe the person or persons being towed and shall display a flag immediately after the towed person or persons enter into the water and during the time preparatory to towing or retrieving while the person or persons are still in the water. Such flag shall be a bright or brilliant orange or red color, measuring not less than 12 inches per side, mounted on a handle and displayed as to be visible from all directions. It shall be unlawful to display such flag except under the conditions listed in this subsection.
History:
L. 1959, ch. 321, § 13; L. 1961, ch. 471, § 6; L. 2006, ch. 85, § 6; January 1, 2007.
2023 Kansas Statutes › Chapter 32 - Wildlife, Parks And Recreation › Article 11 - Boating And Water Activities › 32-1129 Personal flotation devices required, when; criminal penalty for violation.

32-1129. Personal flotation devices required, when; criminal penalty for violation.
(a) (1) No operator of any vessel may operate such vessel while any person 12 years of age or under is aboard or being towed by such vessel unless such person is either:
(A) Wearing a United States coast guard-approved personal flotation device as prescribed in rules and regulations of the secretary of wildlife and parks; or
(B) is below decks or in an enclosed cabin.
(2) A life belt or ring shall not satisfy the requirement of this section.
(b) Violation of subsection (a) shall constitute a class C nonperson misdemeanor.
History:
L. 1989, ch. 307, § 1; L. 2021, ch. 68, § 2; L. 2023, ch. 7, § 88; July 1.
2023 Kansas Statutes › Chapter 32 - Wildlife, Parks And Recreation › Article 11 - Boating And Water Activities › 32-1130 Operating a vessel under the influence of alcohol or drugs; definitions.

32-1130. Operating a vessel under the influence of alcohol or drugs; definitions.
As used in K.S.A. 32-1131 through 32-1136, and amendments thereto:
(a) "Alcohol concentration" means the number of grams of alcohol per 100 milliliters of blood or per 210 liters of breath.
(b) "Other competent evidence" includes: (1) Alcohol concentration tests obtained from samples taken three hours or more after the operation or attempted operation of a vessel; and (2) readings obtained from a partial alcohol concentration test on a breath testing machine.
(c) "Samples" includes breath supplied directly for testing, which breath is not preserved.
(d) "Vessel" and "operate" have the meanings provided by K.S.A. 32-1102, and amendments thereto.
History:
L. 1987, ch. 403, § 8; L. 2013, ch. 122, § 10; January 1, 2014.
2023 Kansas Statutes › Chapter 32 - Wildlife, Parks And Recreation › Article 11 - Boating And Water Activities › 32-1131 Operating vessel under influence of alcohol or drugs; crime.

32-1131. Operating vessel under influence of alcohol or drugs; crime.
(a) No person shall operate or attempt to operate any vessel within this state while:
(1) The alcohol concentration in the person's blood or breath as shown by any competent evidence, including other competent evidence, as defined in paragraph (1) of subsection (b) of K.S.A. 32-1130, and amendments thereto, is .08 or more;
(2) the alcohol concentration in the person's blood or breath, at the time or within three hours after the person operated or attempted to operate the vessel, is .08 or more;
(3) the alcohol concentration in the person's blood or breath, at the time or within three hours after the person operated or attempted to operate the vessel is .02 or more and the person is less than 21 years of age;
(4) under the influence of alcohol to a degree that renders the person incapable of safely operating a vessel;
(5) under the influence of any drug or combination of drugs to a degree that renders the person incapable of safely operating a vessel; or
(6) under the influence of a combination of alcohol and any drug or drugs to a degree that renders the person incapable of safely operating a vessel.
(b) If a person is charged with a violation of this section involving drugs, the fact that the person is or has been entitled to use the drug under the laws of this state shall not constitute a defense against the charge.
(c) No person shall operate or attempt to operate any vessel within this state for three months after the date of refusal of submitting to a test if such person refuses to submit to a test pursuant to K.S.A. 32-1132, and amendments thereto.
(d) Except as provided by subsection (e), violation of this section is a misdemeanor punishable:
(1) On the first conviction, by imprisonment of not more than one year or a fine of not less than $100 nor more than $500, or both; and
(2) on the second or a subsequent conviction, by imprisonment for not less than 90 days nor more than one year and, in the court's discretion, a fine of not less than $100 nor more than $500.
(e) Subsection (d) shall not apply to or affect a person less than 21 years of age who submits to a breath or blood alcohol test requested pursuant to K.S.A. 32-1132, and amendments thereto, and produces a test result of an alcohol concentration of .02 or greater but less than .08. Such person's boating privileges upon the first occurrence shall be suspended for 30 days and upon a second or subsequent occurrence shall be suspended for 90 days.
(f) In addition to any other penalties prescribed by law or rule and regulation, any person convicted of a violation of this section shall be required to satisfactorily complete a boater safety education course of instruction approved by the secretary before such person subsequently operates or attempts to operate any vessel.
History:
L. 1987, ch. 403, § 2; L. 1993, ch. 259, § 10; L. 1999, ch. 113, § 1; L. 2013, ch. 122, § 11; January 1, 2014.
2023 Kansas Statutes › Chapter 32 - Wildlife, Parks And Recreation › Article 11 - Boating And Water Activities › 32-1133 Same; additional test by own physician.

32-1133.
Same; additional test by own physician.
Without limiting or affecting the provisions of K.S.A. 32-1132, the person tested shall have a reasonable opportunity to have an additional test by a physician of the person's own choosing. In case the officer refuses to permit such additional testing, the testing administered pursuant to K.S.A. 32-1132 shall not be competent in evidence.
History:
L. 1987, ch. 403, § 4; July 1.
2023 Kansas Statutes › Chapter 32 - Wildlife, Parks And Recreation › Article 11 - Boating And Water Activities › 32-1134 Same; tests for alcohol or drugs, use as evidence.

32-1134.
Same; tests for alcohol or drugs, use as evidence.
In any criminal prosecution for violation of the laws of this state relating to operating or attempting to operate a vessel while under the influence of alcohol or drugs, or both, or the commission of manslaughter while under the influence of alcohol or drugs, or both, or in any prosecution for a violation of a city ordinance relating to the operation or attempted operation of a vessel while under the influence of alcohol or drugs, or both, evidence of the concentration of alcohol or drugs in the defendant's blood, urine, breath or other bodily substance may be admitted and shall give rise to the following:
(a) If the alcohol concentration is less than .08, that fact may be considered with other competent evidence to determine if the defendant was under the influence of alcohol, or both alcohol and drugs.
(b) If the alcohol concentration is .08 or more, it shall be prima facie evidence that the defendant was under the influence of alcohol to a degree that renders the person incapable of safely operating a vessel.
(c) If there was present in the defendant's bodily substance any narcotic, hypnotic, somnifacient, stimulating or other drug which has the capacity to render the defendant incapable of safely operating a vessel, that fact may be considered to determine if the defendant was under the influence of drugs, or both alcohol and drugs, to a degree that renders the defendant incapable of safely operating a vessel.
History:
L. 1987, ch. 403, § 5; L. 1999, ch. 113, § 2; July 1.
2023 Kansas Statutes › Chapter 32 - Wildlife, Parks And Recreation › Article 11 - Boating And Water Activities › 32-1135 Same; submission of other evidence.

32-1135.
Same; submission of other evidence.
(a) The provisions of K.S.A. 32-1134 shall not be construed as limiting the introduction of any other competent evidence bearing upon the question of whether or not the defendant was under the influence of alcohol or drugs, or both.
(b) Nothing in this act shall require any samples of blood, breath or urine to be preserved for or furnished to the person for independent testing.
History:
L. 1987, ch. 403, § 6; July 1.
2023 Kansas Statutes › Chapter 32 - Wildlife, Parks And Recreation › Article 11 - Boating And Water Activities › 32-1136 Immunity from liability for damage to vessel.

32-1136.
Immunity from liability for damage to vessel.
A law enforcement officer, and the state or any political subdivision of the state that employs a law enforcement officer, arresting or taking custody of a person for any offense involving the operation of or attempt to operate a vessel while under the influence of alcohol or drugs, or both, shall have immunity from any civil or criminal liability for the care and custody of the vessel that was being operated by or was in the physical control of the person arrested or in custody if the law enforcement officer acts in good faith and exercises due care.
History:
L. 1987, ch. 403, § 7; July 1.
2023 Kansas Statutes › Chapter 32 - Wildlife, Parks And Recreation › Article 11 - Boating And Water Activities › 32-1137 Severability.

32-1137.
Severability.
If any clause, paragraph, subsection or section of this act is held invalid, it shall be conclusively presumed that the legislature would have enacted the remainder of this act without such invalid clause, paragraph, subsection or section.
History:
L. 1987, ch. 403, § 9; July 1.
2023 Kansas Statutes › Chapter 32 - Wildlife, Parks And Recreation › Article 11 - Boating And Water Activities › 32-1138 Same; preliminary screening test.

32-1138.
Same; preliminary screening test.
A law enforcement officer may request a person who is operating or attempting to operate a vessel within this state to submit to a preliminary screening test of the person's breath to determine the alcohol concentration of the person's breath if the officer has reasonable grounds to believe that the person: (a) Has alcohol in the person's body; (b) has committed a boating law violation; or (c) has been involved in a vessel accident or collision. At the time the test is requested, the person shall be given oral notice that: (1) There is no right to consult with an attorney regarding whether to submit to testing; (2) refusal to submit to testing shall subject the person to the same fine as prescribed by K.S.A. 8-2118, and amendments thereto, for refusal to submit to a preliminary breath test; and (3) further testing may be required after the preliminary screening test. Failure to provide the notice shall not be an issue or defense in any action. The law enforcement officer then shall request the person to submit to the test. Refusal to take and complete the test as requested shall subject the person to the same fine as prescribed by K.S.A. 8-2118, and amendments thereto, for refusal to submit to a preliminary breath test. If the person submits to the test, the results shall be used for the purpose of assisting law enforcement officers in determining whether an arrest should be made and whether to request the tests authorized by K.S.A. 32-1132, and amendments thereto. A law enforcement officer may arrest a person based in whole or in part upon the results of a preliminary screening test. Such results shall not be admissible in any civil or criminal action concerning the operation of or attempted operation of a vessel except to aid the court or hearing officer in determining a challenge to the validity of the arrest or the validity of the request to submit to a test pursuant to K.S.A. 32-1132, and amendments thereto. Following the preliminary screening test, additional tests may be requested pursuant to K.S.A. 32-1132, and amendments thereto.
History:
L. 1999, ch. 113, § 3; L. 2005, ch. 172, § 4; July 1.
2023 Kansas Statutes › Chapter 32 - Wildlife, Parks And Recreation › Article 11 - Boating And Water Activities › 32-1139 Boating safety education, certificate of completion required for certain operators.

32-1139. Boating safety education, certificate of completion required for certain operators.
(a) On and after January 1, 2001:
(1) No person born on or after January 1, 1989, shall operate on public waters of this state any motorboat or sailboat unless the person possesses a certificate of completion of an approved boater safety education course of instruction lawfully issued to such person as provided by this act.
(2) No owner or person in possession of any motorboat or sailboat shall permit another person, who is subject to the requirements in subsection (a)(1), to operate such motorboat or sailboat unless such other person either: (A) Has been lawfully issued a certificate of completion of an approved boater safety education course of instruction as provided by this act; or (B) is legally exempt from the requirements of subsection (a)(1).
(3) The requirement in subsection (a)(1), shall not apply to a person 21 years of age or older.
(4) The requirement in subsection (a)(1) shall not apply to a person operating a sailboat that does not have a motor and has an overall length of 16 feet, seven inches or less, while such person is enrolled in an instructor-led class.
(b) The requirement in subsection (a)(1) shall not apply to a person operating a motorboat or sailboat accompanied by and under the direct and audible supervision of a person over 17 years of age who either: (1) Possesses a certificate of completion of an approved boater safety education course; or (2) is legally exempt from the requirements of subsection (a)(1).
(c) No person who is charged with a violation of subsection (a)(1) shall be convicted of the violation if such person produces in court or in the office of the arresting officer a certificate of completion of an approved boater safety education course of instruction lawfully issued to such person and valid at the time of such person's arrest.
History:
L. 2000, ch. 70, § 2; L. 2016, ch. 59, § 1; May 19.
2023 Kansas Statutes › Chapter 32 - Wildlife, Parks And Recreation › Article 11 - Boating And Water Activities › 32-1140 Same; approval, development and coordination by secretary; fee.

32-1140.
Same; approval, development and coordination by secretary; fee.
(a) The secretary shall prescribe an approved boater safety education course of instruction of not less than a total of eight hours concerning the safe operation of motorboats and sailboats. Such course of instruction must be recognized by the United States coast guard in order to gain approval of the secretary.
(b) The secretary shall institute and coordinate an approved boater safety education course of instruction through the use of department personnel, as well as through cooperation with local subdivisions of government, federal governmental entities, reputable individuals or reputable organizations having boater safety education as an objective, as the secretary deems necessary and appropriate.
(c) At the secretary's discretion, the requirement that a person complete an approved boater safety education course of instruction may be fulfilled through completion of correspondence course materials, including satisfactory completion of a written examination, recognized by the United States coast guard and approved by the secretary. Each person requesting a certificate based on completion of such correspondence course shall attest, to the satisfaction of the secretary, that the substance of the answers on the written examination were provided by that person without assistance. Persons requiring assistance to read examination questions or to mark examination answers may receive such assistance if they receive no assistance in the determination of the substance of the answers.
(d) The secretary may require, pursuant to K.S.A. 32-988, and amendments thereto, a fee to cover costs of services, material and supplies from any person enrolling in an approved boater safety education course of instruction.
History:
L. 2000, ch. 70, § 3; July 1.
2023 Kansas Statutes › Chapter 32 - Wildlife, Parks And Recreation › Article 11 - Boating And Water Activities › 32-1141 Same; certificate of completion; issuance; revocation; reciprocity.

32-1141.
Same; certificate of completion; issuance; revocation; reciprocity.
(a) On and after January 1, 2001, the secretary may issue a certificate of completion of an approved boater safety education course of instruction to any person for course work completed prior to January 1, 2001, upon: (1) Submission to the secretary of evidence of successful completion of a boater safety education course of instruction as formerly approved by the secretary prior to January 1, 2001, and such other information as requested by the secretary; and (2) payment of the fee prescribed pursuant to K.S.A. 32-988, and amendments thereto.
(b) The secretary shall designate those persons who are authorized to issue a certificate to persons who successfully complete, on and after January 1, 2001, an approved boater safety education course of instruction and the authorization shall continue until revoked by the secretary. Certificates issued by authorized designees shall remain valid until revoked. In addition to any other penalties prescribed by statute or rules and regulations, the secretary, in the secretary's discretion, may revoke the certificate of any person convicted of a violation of any provision in article 11 of chapter 32 of the Kansas Statutes Annotated. Upon revocation of a person's certificate, the person shall be required thereafter to satisfactorily complete an approved boater safety education course of instruction before operating any motorboat or sailboat in this state.
(c) The secretary, in the secretary's discretion, may accept as complying with the requirements of this act any similar certificate issued outside the state of Kansas by a governmental agency, or by a public or private association or club, in compliance with an approved governmental program having boater safety education as one of the program's objectives and recognized by the United States coast guard.
History:
L. 2000, ch. 70, § 4; July 1.
2023 Kansas Statutes › Chapter 32 - Wildlife, Parks And Recreation › Article 11 - Boating And Water Activities › 32-1142 Same; liability insurance for persons conducting course.

32-1142.
Same; liability insurance for persons conducting course.
The committee on surety bonds and insurance, within the limitations of appropriations made therefor, shall purchase such liability insurance as the committee deems necessary for the protection of persons engaged in conducting an approved boater safety education course of instruction against any liability for injuries or damages arising from the conducting of such course by such persons.
History:
L. 2000, ch. 70, § 5; July 1.
2023 Kansas Statutes › Chapter 32 - Wildlife, Parks And Recreation › Article 11 - Boating And Water Activities › 32-1143 Sections part of article 11.

32-1143.
Sections part of article 11.
K.S.A. 32-1139 through 32-1143 shall be part of and supplemental to article 11 of chapter 32 of the Kansas Statutes Annotated.
History:
L. 2000, ch. 70, § 6; July 1.
2023 Kansas Statutes › Chapter 32 - Wildlife, Parks And Recreation › Article 11 - Boating And Water Activities › 32-1148 Boat liveries; duties.

32-1148.
Boat liveries; duties.
(a) The owner of a boat livery shall cause to be kept a record of the name and address of the person or persons hiring any vessel which is designed or permitted by him or her to be operated as a motorboat; the identification number thereof; and the departure date and time, and the expected time of return. The record shall be preserved for at least six months.
(b) Neither the owner of a boat livery, nor his or her agent or employee shall permit any motorboat or any vessel designed or permitted by him or her to be operated as a motorboat to depart from his or her premises unless it shall have been provided, either by owner or renter, with the equipment required pursuant to K.S.A. 32-1119, and amendments thereto, and any rules and regulations adopted pursuant thereto.
History:
L. 1959, ch. 32, § 8; L. 1989, ch. 118, § 147; July 1.
2023 Kansas Statutes › Chapter 32 - Wildlife, Parks And Recreation › Article 11 - Boating And Water Activities › 32-1149 Regattas and other water events.

32-1149.
Regattas and other water events.
(a) The secretary may authorize the holding of regattas, motorboat or other boat races, marine parades, tournaments or exhibitions on any waters of this state. The secretary shall adopt, in accordance with K.S.A. 32-805, and amendments thereto, rules and regulations necessary to implement this section, including but not limited to: (1) Provisions addressing the safety of all vessels, participants and the public; (2) permit requirements and permit application procedures, including the providing of such information as the secretary requires; and (3) establishment of conditions under which the event shall be conducted. The application for a permit to hold such regatta, motorboat or other boat race, marine parade, tournament or exhibition shall be accompanied by the water event permit fee prescribed pursuant to K.S.A. 32-1172. The secretary, upon receipt of a proper application and the prescribed permit fee may issue a permit if it is determined that the event is in the public interest, the area requested for holding the event has sufficient accommodations and facilities for the event and the event is compatible with other uses of the area requested for the event. No such event shall be conducted without the prior authorization of the secretary in writing.
(b) The provisions of this section shall not exempt any person from compliance with applicable federal law or regulation.
History:
L. 1959, ch. 321, § 14; L. 1978, ch. 152, § 13; L. 1989, ch. 118, § 153; July 1.
2023 Kansas Statutes › Chapter 32 - Wildlife, Parks And Recreation › Article 11 - Boating And Water Activities › 32-1150 Scuba diving; rules and regulations.

32-1150.
Scuba diving; rules and regulations.
It shall be unlawful for any person to scuba dive in the streams or impounded waters of this state unless and except in compliance with rules and regulations of the secretary. The term scuba diving shall include any person diving or submerging in a body of water with the aid of any mechanical diving or breathing device or suit.
History:
L. 1967, ch. 514, § 1; L. 1969, ch. 481, § 1; L. 1989, ch. 118, § 158; July 1.
2023 Kansas Statutes › Chapter 32 - Wildlife, Parks And Recreation › Article 11 - Boating And Water Activities › 32-1151 Same; buoy required.

32-1151.
Same; buoy required.
Any person scuba diving in a body of water in which motorboats are operated shall place a buoy in the water at or near the point of submergence. The buoy shall bear a red flag at least twenty-one (21) inches square with a red background and white diagonal stripe that is one-fifth (1/5) the width of the flag. The white stripe must run from the top of the hoist to the bottom of the flag. It is unlawful to display this flag when diving or spear fishing is not in progress.
History:
L. 1967, ch. 514, § 2; L. 1969, ch. 481, § 2; July 1.
2023 Kansas Statutes › Chapter 32 - Wildlife, Parks And Recreation › Article 11 - Boating And Water Activities › 32-1152 Sanitation; toilet facilities.

32-1152.
Sanitation; toilet facilities.
At such time as adequate on-shore facilities for receiving and treating marine sewage are available, as determined by the secretary of health and environment, no person shall operate, launch, moor, dock or use any vessel on the waters of the state, except as hereinafter provided, when said vessel has located on or in the vessel a marine toilet designed to or intended to discharge marine sewage to other than an on-shore receiving and treating facility operating under a valid permit as issued under the provisions of K.S.A. 65-165.
History:
L. 1973, ch. 415, § 2; L. 1975, ch. 462, § 127; July 1.
2023 Kansas Statutes › Chapter 32 - Wildlife, Parks And Recreation › Article 11 - Boating And Water Activities › 32-1153 Same; sewage disposal.

32-1153.
Same; sewage disposal.
It shall be unlawful to place, leave, discharge or cause to be left, placed or discharged into or near the waters of this state any receptacle containing sewage, whether by the owner, operator or guest of a vessel.
History:
L. 1973, ch. 415, § 3; July 1.
2023 Kansas Statutes › Chapter 32 - Wildlife, Parks And Recreation › Article 11 - Boating And Water Activities › 32-1154 Same; rules and regulations.

32-1154.
Same; rules and regulations.
The secretary of health and environment shall adopt such rules and regulations as are necessary to properly administer and enforce the provisions of K.S.A. 32-1152 through 32-1154, inclusive. The secretary in adopting rules and regulations shall provide that any vessel having lawful registration from other than the state of Kansas and having marine toilets designed or intended to discharge marine sewage to the waters of the state, may be operated, launched, moored, docked or used on the waters of the state, if such vessel is in compliance with all applicable state and federal marine toilet requirements applicable and associated with the vessel registration. All vessels located on waters of this state may be inspected at any time for the purpose of determining if such vessel is in compliance with this act, and the secretary or the designees of the secretary shall have all powers necessary to properly enforce such rules and regulations.
History:
L. 1973, ch. 415, § 4; L. 1975, ch. 462, § 128; July 1.
2023 Kansas Statutes › Chapter 32 - Wildlife, Parks And Recreation › Article 11 - Boating And Water Activities › 32-1155 Applications for license of vessels to indicate presence of marine toilets.

32-1155.
Applications for license of vessels to indicate presence of marine toilets.
All applications for license or renewal application shall identify the presence of marine toilets constructed as required, and the department shall identify the presence of such toilets upon the certificate of number when issued to an applicant.
History:
L. 1973, ch. 415, § 6; L. 1989, ch. 118, § 160; July 1.
2023 Kansas Statutes › Chapter 32 - Wildlife, Parks And Recreation › Article 11 - Boating And Water Activities › 32-1156 Abandonment of a vessel; removal from public waterway, when.

32-1156.
Abandonment of a vessel; removal from public waterway, when.
(a) No person shall abandon a vessel upon a public waterway or upon public or private property without the consent of the owner or person in lawful possession or control of the property.
(b) The abandonment of any vessel in a manner prohibited by subsection (a) is prima facie evidence that the last registered owner of record is responsible for the abandonment, unless such owner has notified the department or other appropriate law enforcement agency of such owner's relinquishment of title or registration or interest therein. The person so responsible shall be required to pay the cost of removal and disposition of the vessel.
(c) A law enforcement officer of this state may remove a vessel from a public waterway when:
(1) The vessel is left unattended and is adrift, moored, docked, beached or made fast to land in such a position as to interfere with navigation or in such a condition as to create a hazard to other vessels using the waterway, to public safety or to the property of another.
(2) The vessel is found upon a waterway and a report has previously been made that the vessel has been stolen or embezzled.
(3) The person in charge of the vessel is by reason of physical injuries or illness incapacitated to such an extent as to be unable to provide for its custody or removal.
(4) A law enforcement officer arresting a person operating or in control of the vessel for an alleged offense, and the officer is required or permitted to take, and does take, the person arrested into custody without unnecessary delay.
(5) The vessel seriously interferes with navigation or otherwise poses a critical and immediate danger to navigation or to the public health, safety or welfare.
History:
L. 2006, ch. 85, § 11; January 1, 2007.
2023 Kansas Statutes › Chapter 32 - Wildlife, Parks And Recreation › Article 11 - Boating And Water Activities › 32-1158 Notice of destruction or abandonment of vessel by owner; surrender of certificates of number and ownership.

32-1158.
Notice of destruction or abandonment of vessel by owner; surrender of certificates of number and ownership.
(a) The registered owner of a destroyed or abandoned vessel that is numbered pursuant to chapter 32 of the Kansas Statutes Annotated, and amendments thereto, shall provide the notice required by K.S.A. 32-1111, and amendments thereto, to the secretary in writing. The written notice must be signed by the registered owner and notarized.
(b) The written notice provided pursuant to subsection (a) must indicate the reason for the destruction or abandonment of the vessel and the current location and condition of the vessel.
(c) The registered owner shall surrender to the secretary the certificate of number and the certificate of ownership issued for the motorboat, if in existence, at the time the owner provides the written notice to the secretary pursuant to subsection (a).
(d) Once a vessel has been destroyed or abandoned, the secretary shall print the word "salvage" on each subsequent certificate of number which it issues for that vessel.
History:
L. 2006, ch. 85, § 13; January 1, 2007.
2023 Kansas Statutes › Chapter 32 - Wildlife, Parks And Recreation › Article 11 - Boating And Water Activities › 32-1159 Preservation of evidence of criminal offenses; liability for storage fees.

32-1159.
Preservation of evidence of criminal offenses; liability for storage fees.
(a) If a law enforcement officer has probable cause to believe that a vessel or its contents contain evidence tending to show that a criminal offense has been committed or that a particular person has committed an offense, the officer may take whatever steps are reasonable to ensure the preservation of the evidence, including safe storage of the vessel or its contents.
(b) If a criminal conviction is obtained as a result of an action taken pursuant to subsection (a), the person convicted shall pay any storage fees incurred pursuant to that subsection. If a conviction is not obtained, the law enforcement agency that seized the vessel pursuant to subsection (a) shall pay any storage fees incurred.
History:
L. 2006, ch. 85, § 14; January 1, 2007.
2023 Kansas Statutes › Chapter 32 - Wildlife, Parks And Recreation › Article 11 - Boating And Water Activities › 32-1166 Vessels exempt from provisions of act.

32-1166.
Vessels exempt from provisions of act.
The provisions of K.S.A. 32-1110, 32-1111, 32-1119 and 32-1125 shall not apply to vessels used solely on lakes, ponds or streams privately owned or leased and not open to the general public.
History:
L. 1970, ch. 408, § 10; January 1, 1971.
2023 Kansas Statutes › Chapter 32 - Wildlife, Parks And Recreation › Article 11 - Boating And Water Activities › 32-1172 Fees.

32-1172. Fees.
The secretary is authorized to adopt, in accordance with K.S.A. 32-805, and amendments thereto, rules and regulations fixing the amount of fees for the following items, subject to the following limitations and subject to the requirement that no such rules and regulations shall be adopted as temporary rules and regulations:
Dealer certificate of number: maximum $50
Additional dealer certificates: maximum $10
Dealer license: maximum $50
Duplicate registrations, certificates or permits: maximum $10
Vessel registrations: maximum $60
Water event permits: maximum $50
Special departmental services, materials or supplies: no maximum
History:
L. 1989, ch. 118, § 161; L. 2001, ch. 131, § 3; L. 2004, ch. 79, § 4; L. 2017, ch. 15, § 1; July 1.