Reported from the Committee on Commerce and the Environment, May 6, 2004, with recommendation that the Senate Committee Substitute do pass.


TERRY L. SPIELER, Secretary.




To amend chapter 306, RSMo, by adding thereto one new section relating to containers on watercraft, with a penalty provision.


Be it enacted by the General Assembly of the State of Missouri, as follows:

            Section A.  Chapter 306, RSMo, is amended by adding thereto one new section, to be known as section 306.325, to read as follows:

            306.325.  1.  As used in this section, the following terms mean:

            (1)  "Navigable waterway", any navigable river, lake, or other body of water located wholly or partly within this state and used by any vessel;

            (2)  "Vessel", any canoe, kayak, or other watercraft which is easily susceptible to swamping, tipping, or rolling, but does not include any houseboat, party barge, runabout, ski boat, bass boat, excursion gambling boat as defined in section 313.800, RSMo, or similar watercraft not easily susceptible to swamping, tipping, or rolling.

            2.  Any person entering, traveling upon, or otherwise using navigable or non-navigable waterways by vessel or innertube and transporting foodstuffs or beverages shall:

            (1)  Use a cooler, icebox, or other nonglass container, and shall not use, other than containers for substances prescribed by a licensed physician, any glass container for beverages on a vessel within the banks of navigable waterways;

            (2)  Use such container sealed in a way which prevents the contents from spilling into the water;

            (3)  Carry and affix to the vessel a container or bag suitable for containing refuse, waste, and trash materials and which is capable of being securely closed;

            (4)  Transport all refuse, waste, and trash materials to a place in which such materials may be safely and lawfully disposed; and

            (5)  Shall safely secure any glass containers to protect them from breakage or discharge into any stream.

            3.  Any person who violates the provisions of this section is guilty of a class C misdemeanor.