7 LONG TITLE
8 General Description:
9 This bill amends the State Boating Act.
10 Highlighted Provisions:
11 This bill:
12 ▸ defines terms;
13 ▸ requires under certain circumstances a new motorboat to have:
14 • a carbon monoxide detection system; and
15 • labels warning of carbon monoxide dangers; and
16 ▸ creates a penalty for noncompliance.
17 Money Appropriated in this Bill:
19 Other Special Clauses:
20 This bill provides a special effective date.
21 Utah Code Sections Affected:
23 73-18-2, as last amended by Laws of Utah 2015, Chapter 113
25 73-18-27, Utah Code Annotated 1953
27 Be it enacted by the Legislature of the state of Utah:
28 Section 1. Section 73-18-2 is amended to read:
29 73-18-2. Definitions.
30 As used in this chapter:
31 (1) "Anchored" means a vessel that is temporarily attached to the bed or shoreline of a
32 waterbody by any method and the hull of the vessel is not touching the bed or shoreline.
33 (2) "Beached" means that a vessel's hull is resting on the bed or shoreline of a
35 (3) "Board" means the Board of Parks and Recreation.
36 (4) "Boat livery" means a person that holds a vessel for renting or leasing.
37 (5) "Carrying passengers for hire" means to transport persons on vessels or to lead
38 persons on vessels for consideration.
39 (6) "Consideration" means something of value given or done in exchange for
40 something given or done by another.
41 (7) "Dealer" means any person who is licensed by the appropriate authority to engage
42 in and who is engaged in the business of buying and selling vessels or of manufacturing them
43 for sale.
44 (8) "Derelict vessel":
45 (a) means a vessel that is left, stored, or abandoned upon the waters of this state in a
46 wrecked, junked, or substantially dismantled condition; and
47 (b) includes:
48 (i) a vessel left at a Utah port or marina without consent of the agency or other entity
49 administering the port or marine area; and
50 (ii) a vessel left docked or grounded upon a property without the property owner's
52 (9) "Division" means the Division of Parks and Recreation.
53 (10) "Enclosed accommodation compartment" means a contiguous space on a
54 motorboat that is enclosed by boat structure and contains:
55 (a) a designated sleeping accommodation;
56 (b) a galley area with a sink; and
57 (c) a head compartment.
58 (11) "Enclosed occupancy compartment" means a contiguous space on a motorboat
59 that is enclosed by boat structure and intended to be occupied by an individual.
60 (12) "Marine carbon monoxide detection system" means a device or system that detects
61 carbon monoxide and is certified by a nationally recognized testing laboratory to conform with
62 current UL Standards for use on recreational boats.
64 designated and properly marked by the division or other applicable managing agency.
66 machinery is the principal source of propulsion.
67 (15) "New motorboat" means a motorboat that has never been titled or registered.
71 (a) provides equipment to transport persons on all waters of this state; and
72 (b) supervises a person who:
73 (i) operates a vessel to transport passengers; or
74 (ii) leads a person on a vessel.
76 interest in or the title to a vessel.
77 (b) "Owner" includes a person entitled to the use or possession of a vessel subject to an
78 interest by another person, reserved or created by agreement and securing payment or
79 performance of an obligation.
80 (c) "Owner" does not include a lessee under a lease not intended as security.
82 (a) less than 16 feet in length;
83 (b) propelled by a water jet pump; and
84 (c) designed to be operated by a person sitting, standing, or kneeling on the vessel,
85 rather than sitting or standing inside the vessel.
87 (a) outfitted with long oars and sliding seats; and
88 (b) specifically designed for racing or exercise.
92 used or capable of being used as a means of transportation on water.
94 create or make a wake or white water trailing the vessel. This speed is not in excess of five
95 miles per hour.
98 Section 2. Section 73-18-27 is enacted to read:
99 73-18-27. Carbon monoxide safety -- Penalty.
100 (1) A dealer may not sell a new motorboat that has an enclosed accommodation
101 compartment, unless there is a functioning marine carbon monoxide detection system installed:
102 (a) in each of the following locations:
103 (i) a location in the enclosed accommodation compartment where the marine carbon
104 monoxide detection system can monitor the atmosphere of the largest open space within the
105 enclosed accommodation compartment; and
106 (ii) for each sleeping accommodation compartment:
107 (A) in the sleeping accommodation compartment; or
108 (B) within 10 feet of the sleeping accommodation compartment; and
109 (b) in accordance with the manufacturer's instructions.
110 (2) A dealer may not sell a gasoline-powered new motorboat that has an enclosed
111 occupancy compartment, unless there is a label that warns of the dangers of carbon monoxide
112 affixed to the new motorboat in the vicinity of each of the following locations:
113 (a) the aft reboarding area or stern area;
114 (b) the steering station; and
115 (c) the entrance to each enclosed occupancy compartment.
116 (3) (a) An owner of a motorboat that is titled or registered for the first time on or after
117 January 1, 2020, shall ensure that the motorboat complies with the marine carbon monoxide
118 detection system requirements described in Subsection (1) and the labeling requirements
119 described in Subsection (2).
120 (b) An owner of a motorboat that violates this subsection is subject to:
121 (i) a warning for a first violation; and
122 (ii) an infraction for each subsequent violation related to the same motorboat.
123 (4) Upon request, the division shall provide a person a label that warns of the dangers
124 of carbon monoxide to affix to a motorboat in accordance with this section. The division may
125 charge a fee to cover the cost of providing the label.
126 Section 3. Effective date.
127 This bill takes effect on January 1, 2020.