(1) The owner of a boat livery or an employee, agent, or independent contractor of the owner may not: (a) knowingly, intentionally, or recklessly alter or misrepresent decontamination records, timelines, or devices; (b) fail to decontaminate a conveyance or equipment when required to under Section 23A-10-201; (c) fail to pay the annual aquatic invasive species fee as required in Section 23A-10-304; (d) fail to display the aquatic invasive species decal as required in Section 23A-10-201; or (e) violate Subsection 73-18-10(1)(a)(iii). (2) Before renting or leasing a conveyance, the owner of a boat livery shall: (a) require the person renting or leasing the conveyance to complete the aquatic invasive species education course required in Subsection 23A-10-304(4), unless the person is exempt from the requirement under Subsection (3) or Subsection 23A-10-304(3); and (b) provide the person renting or leasing the conveyance proof of completion of the aquatic invasive education course. (3) (a) An owner of a boat livery is exempt from Subsection (2) if the owner of the boat livery or person renting or leasing a conveyance does not transport on a highway the conveyance after being rented or leased and before the conveyance is used by the person renting or leasing the conveyance. (b) An owner of a boat livery is exempt from Subsection (2) if: (i) the conveyance being rented or leased is transported by the owner of the boat livery to a water body; (ii) the person renting or leasing the conveyance does not operate the conveyance; (iii) the owner of the boat livery rents or leases the conveyance under the condition that the livery owner, the livery owner's agent, an independent contractor, or employee of the livery owner operates the conveyance; and (iv) the person operating the conveyance under this Subsection (3)(b) has taken the aquatic invasive species education course as required in Subsection 23A-10-303(4). (4) A person who violates this section is guilty of a class B misdemeanor in accordance with Section 23A-5-301.
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