H-553                _______________________________________________

                                                    HOUSE BILL NO. 214

                        _______________________________________________

State of Washington                              49th Legislature                              1985 Regular Session

By Representatives Baugher, Hargrove, Patrick, West, Tilly, Lundquist, Winsley, Lewis, Fuhrman, S. Wilson, Leonard, Hastings, van Dyke, Dobbs, Van Luven, May, Bond, Valle, Ballard, Silver, Basich, Isaacson and Schoon

Read first time 1/25/85 and referred to Committee on Judiciary.

AN ACT Relating to watercraft; amending RCW 88.02.020; adding a new section to chapter 88.02 RCW; and prescribing penalties.

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

        Sec. 1.  Section 15, chapter 7, Laws of 1983 as amended by section 47, chapter 3, Laws of 1983 2nd ex. sess. and RCW 88.02.020 are each amended to read as follows:

          (((1))) Except as provided in this chapter, no person may own or operate any vessel on the waters of this state unless the vessel has been registered and displays a registration number and a valid decal in accordance with this chapter, except that a vessel which has or is required to have a valid marine document as a vessel of the United States is only required to display a valid decal.

          (((2) No person may use any vessel to which this chapter applies:

          (a) In a negligent manner so as to endanger the life, limb, or property of any person; or

          (b) While under the influence of alcohol, narcotic drugs, hallucinogens, or other controlled substances.))

NEW SECTION. Sec. 2.  A new section is added to chapter 88.02 RCW to read as follows:

          (1) A person is guilty of operating a vessel in a negligent manner if the person operates a vessel in such a manner as to endanger or be likely to endanger any persons or property.

          (2) A person is guilty of operating a vessel while under the influence of intoxicating liquor or any drug if the person operates or assists in the operation of a vessel while under the influence of or affected by intoxicating liquor or any drug, or while under the combined influence of or affected by intoxicating liquor and any drug.  A person is under the influence of or affected by the use of intoxicating liquor or drugs or the combination of intoxicating liquor and drugs if the person's ability to operate a vessel is lessened in any appreciable degree.

          (3) For the purposes of this section, "vessel" means any watercraft used or capable of being used as a means of transportation on the water.

          (4) A violation of this section is a misdemeanor, punishable by up to ninety days in jail and by a fine of not more than one thousand dollars.  In addition, the court may order the defendant to pay restitution for any damages or injuries resulting from the offense.