CERTIFICATION OF ENROLLMENT

SENATE BILL 6364

Chapter 140, Laws of 2006

59th Legislature
2006 Regular Session



SAFE BOATING--CARBON MONOXIDE DANGERS



EFFECTIVE DATE: 6/7/06 - Except sections 2 and 3, which become effective 1/1/07.

Passed by the Senate March 6, 2006
  YEAS 44   NAYS 0

BRAD OWEN
________________________________________    
President of the Senate
Passed by the House March 3, 2006
  YEAS 97   NAYS 1

FRANK CHOPP
________________________________________    
Speaker of the House of Representatives


 
CERTIFICATE

I, Thomas Hoemann, Secretary of the Senate of the State of Washington, do hereby certify that the attached is SENATE BILL 6364 as passed by the Senate and the House of Representatives on the dates hereon set forth.

THOMAS HOEMANN
________________________________________    
Secretary
Approved March 20, 2006.








CHRISTINE GREGOIRE
________________________________________    
Governor of the State of Washington
 
FILED
March 20, 2006 - 2:39 p.m.







Secretary of State
State of Washington


_____________________________________________ 

SENATE BILL 6364
_____________________________________________

AS AMENDED BY THE HOUSE

Passed Legislature - 2006 Regular Session
State of Washington59th Legislature2006 Regular Session

By Senators Roach, Rasmussen, Kastama, Haugen and Kline

Read first time 01/11/2006.   Referred to Committee on Natural Resources, Ocean & Recreation.



     AN ACT Relating to the regulation of recreational vessels; amending RCW 79A.60.610; adding a new section to chapter 79A.60 RCW; adding new sections to chapter 88.02 RCW; creating a new section; prescribing penalties; and providing an effective date.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   A new section is added to chapter 79A.60 RCW to read as follows:
     (1) No person may operate a motor driven boat or vessel or have the engine of a motor driven boat or vessel run idle while an individual is teak surfing, platform dragging, or bodysurfing behind the motor driven boat or vessel.
     (2) No person may operate a motor driven boat or vessel or have the engine of a motor driven boat or vessel run idle while an individual is occupying or holding onto the swim platform, swim deck, swim step, or swim ladder of the motor driven boat or vessel.
     (3) Subsection (2) of this section does not apply when an individual is occupying the swim platform, swim deck, swim step, or swim ladder for a very brief period of time while assisting with the docking or departure of the vessel, while exiting or entering the vessel, or while the vessel is engaged in law enforcement or emergency rescue activity.
     (4) For the purposes of this section, "teak surfing" or "platform dragging" means holding onto the swim platform, swim deck, swim step, swim ladder, or any portion of the exterior of the transom of a motor driven boat or vessel for any amount of time while the motor driven boat or vessel is underway at any speed.
     (5) For the purposes of this section, "bodysurfing" means swimming or floating on one's stomach or on one's back on or in the wake directly behind a motor driven boat or vessel that is underway.
     (6) A violation of this section is a natural resource infraction punishable as provided under chapter 7.84 RCW, however the fine imposed may not exceed one hundred dollars.

NEW SECTION.  Sec. 2   A new section is added to chapter 88.02 RCW to read as follows:
     (1) Any new or used motor driven boat or vessel, as that term is defined in RCW 79A.60.010, other than a personal watercraft, sold within this state must display a carbon monoxide warning sticker developed by the department on the interior of the vessel.
     (2) For vessels sold by a dealer, the dealer shall ensure that the warning sticker has been affixed prior to completing a transaction.
     (3) For a vessel sold by an individual, the department shall include the sticker in the registration materials provided to the new owner, and the department shall notify the new owner that the sticker must be affixed as described in subsection (1) of this section.
     (4) A warning sticker already developed by a vessel manufacturer may satisfy the requirements of this section if it has been approved by the department. The department shall approve a carbon monoxide warning sticker that has been approved by the United States coast guard for similar uses in other states.

NEW SECTION.  Sec. 3   A new section is added to chapter 88.02 RCW to read as follows:
     The department shall include an informational brochure about the dangers of carbon monoxide poisoning and vessels and the warning stickers required by section 2 of this act as part of the registration materials mailed by the department for two consecutive years for registrations that are due or become due after the effective date of this section, and thereafter upon recommendation by the director of the department. The materials shall instruct the vessel owner to affix the stickers as required by section 2 of this act.

Sec. 4   RCW 79A.60.610 and 1994 c 151 s 2 are each amended to read as follows:
     The commission shall undertake a statewide recreational boating fire prevention education program concerning the safe use of marine fuels and electrical systems ((and the hazards of carbon monoxide)). The boating fire prevention education program shall provide for the distribution of fire safety materials and decals warning of fire hazards and for educational opportunities to educate boaters on the safety practices needed to operate heaters, stoves, and other appliances in Washington's unique aquatic environment. The commission shall evaluate the boating public's voluntary participation in the program and the program's impact on safe boating.

NEW SECTION.  Sec. 5   This act may be known and cited as the Jenda Jones and Denise Colbert safe boating act.

NEW SECTION.  Sec. 6   Sections 2 and 3 of this act take effect January 1, 2007.


         Passed by the Senate March 6, 2006.
         Passed by the House March 3, 2006.
         Approved by the Governor March 20, 2006.
         Filed in Office of Secretary of State March 20, 2006.