HOUSE BILL REPORT

SSB 5846

As Amended by the House

BYSenate Committee on Parks & Ecology (originally sponsored by Senators Kreidler and Bluechel)

Establishing boating safety regulations.

House Committe on Transportation

Majority Report:  Do pass.  (24)

      Signed by Representatives Walk, Chair; Baugher, Vice Chair; Betrozoff, Brough, Cantwell, Cooper, Day, Dellwo, Doty, Fisch, Fisher, Gallagher, Hankins, Haugen, Heavey, Meyers, Patrick, Prince, Schmidt, C. Smith, D. Sommers, Spanel, Todd and S. Wilson.

Minority Report:  Do not pass.  (2)

      Signed by Representatives J. Williams and Zellinsky.

House Staff:Mary McLaughlin (786-7309)

Rereferred House Committee on Ways & Means/Appropriations

Majority Report:  Do pass with amendment by Committee on Ways & Means/Appropriations. (13)

      Signed by Representatives Locke, Allen, Belcher, Brekke, Bristow, Ebersole, Grimm, Hine, Holland, McMullen, Sayan, Silver and Sprenkle.

Minority Report:  Do not pass.  (4)

      Signed by Representatives Fuhrman, McLean, Nealey and B. Williams.

House Staff:      Nancy Stevenson (786-7137)

AS PASSED HOUSE APRIL 13, 1987

BACKGROUND:

Washington began a federally-approved boating safety program in 1984. The program, administered by the Parks & Recreation Commission, adopted certain U.S. Coast Guard regulations and established a statewide boating safety and accident reporting program.  The commission receives an annual federal allocation of approximately $475,000 which is distributed to local governments for education and accident reporting programs.  Local governments are primarily responsible for boat safety enforcement.

The operator of a vessel that is involved in an accident that results in injury or death or $200 in property damage is required to file an accident report with the commission.  Local governments are not subject to the reporting requirement.  Requiring local governments to submit accident reports will aid the commission in determining the cause of boat accidents.

By rule the commission has established a boat safety task force to advise and aid in the development of boating programs.  The commission believes that the creation of a statutory boating safety advisory committee will strengthen input from the boating community.

Waterway markings for navigable waters in the state are installed according to U.S. Coast Guard rules.  Rules for marking waterways not covered by the U.S. Coast Guard are established by the state or local government having jurisdiction over the body of water.  These waterway markings are inconsistent from jurisdiction to jurisdiction.

A county may, by resolution, impose an annual boat excise tax of up to fifty cents per foot if the population of the county's unincorporated area plus the population of the cities that are parties to an interlocal agreement equals two-thirds of the county's total population.  The monies are to be used for boat patrol and safety operations.  Monthly distributions are made by the county to the parties in the interlocal agreement.

SUMMARY:

Within 10 days of a boat accident, a local government is required to submit an accident report to the Parks & Recreation Commission if the accident results in death or injury requiring hospitalization.  A local government is required to notify the commission within 48 hours after becoming aware of a boat accident.  A corner's report is to be submitted within one week of completion.

A statutory 14-member Boating Safety Advisory Committee is established and replaces the existing Boating Safety Task Force.  Appointments to the committee are made by the commission; the term of the appointment is two years.  Members of the task force will continue to serve on the committee until expiration of their current terms.  Travel reimbursement is provided at the same rate as afforded state employees.

The commission is directed to establish a uniform waterway marking system for waters of the state that are not under the jurisdiction of the U.S. Coast Guard.  New or replacement waterway markings installed by local governments must conform to the commission's standards.

The commission is to conduct a study of boating accidents/safety services and report its recommendations to the 1988 Legislature.  The study is to include a review of how the county's optional boat excise tax (50 cents per foot) for boat safety enforcement is used.

The commission is to develop regulations for the equitable distribution of annual boat tax excise that may be imposed by a county.  The parties to an interlocal agreement to provide boating safety and patrol services must (1) allow disputes arising from the agreements to be resolved by the commission, and (2) pay the commission a reasonable fee for administration of the agreements.

Fiscal Note:      Attached.

House Committee ‑ Testified For:    (Transportation)  Representative Karla Wilson; W.R. Ladd, Outdoor Empire Publishers; Bonner Gordon, U.S. Coast Guard Auxiliary; Pat Lemagie, Pierce County Sheriff's Office; David Robinson, private citizen; Russell Laboda, private citizen; Yvonne Ferrell, State Parks and Recreation Commission.

(Ways & Means/Appropriations)  Mike Reed, State Parks & Recreation Commission.

House Committee - Testified Against:      (Transportation)  None Presented.

(Ways & Means/Appropriations)  None Presented.

House Committee - Testimony For:    (Transportation)  Washington currently has a boating fatality rate that is double the national average.  Most fatalities occur in boats under 16 feet and on waters that are not under the jurisdiction of the Coast Guard.  Increases in the state's boater population, inadequate enforcement, and lack of uniformity in local boating regulations are factors contributing to this problem.

(Ways & Means/Appropriations)  Concerned with boating safety in the state.  The Parks and Recreation Commission would like to do a study to report recommendations to the 1988 Legislature on boating accidents and safety.

House Committee - Testimony Against:      (Transportation)  None Presented.

(Ways & Means/Appropriations)  None Presented.