S-1640               _______________________________________________

 

                                                   SENATE BILL NO. 5846

                        _______________________________________________

 

State of Washington                              50th Legislature                              1987 Regular Session

 

By Senators Kreidler and Bluechel

 

 

Read first time 2/16/87 and referred to Committee on Parks & Ecology.

 

 


AN ACT Relating to boating safety; amending RCW 43.51.400; adding new sections to chapter 43.51 RCW; and making an appropriation.

 

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

 

          NEW SECTION.  Sec. 1.  A new section is added to chapter 43.51 RCW to read as follows:

          Law enforcement authorities, fire departments, or search and rescue units of any city or county government shall provide to the commission a report, prepared by the local government agency regarding any boating accident occurring within their jurisdiction resulting in a death or injury requiring hospitalization.  Such report shall be provided to the commission within ten days of the occurrence of the accident.  The results of any investigation of the accident conducted by the city or county governmental agency shall be included in the report provided to the commission.  At the earliest opportunity, but in no case more than forty-eight hours after becoming aware of an accident, the agency shall notify the commission of the accident.  The commission shall have authority to investigate any boating accident.  The results of any investigation conducted by the commission shall be made available to the local government for further processing.  This provision does not eliminate the requirement for a boating accident report by the operator required under RCW 88.02.080.

          The report of a county coroner, or any public official assuming the functions of a coroner, concerning the death of any person resulting from a boating accident, shall be submitted to the commission within one week of completion.  Information in such report may be, together with information in other such reports, incorporated into the state boating accident report provided for in RCW 43.51.400(5), and shall be for the confidential usage of governmental agencies as provided in RCW 43.51.402.

 

          NEW SECTION.  Sec. 2.  A new section is added to chapter 43.51 RCW to read as follows:

          There is hereby established a fourteen-member boating safety advisory committee.  The purpose of the committee shall be to advise the commission on issues regarding boating safety, including the allocation and expenditure of funds designated for such purposes.  Membership shall consist of one representative from each of the following interest areas, organizations, groups, or agencies:  United States coast guard (nonvoting); United States coast guard auxiliary; a regional marine trade organization; state or regional boating interests; local sailing interests; a human-powered boating organization; a state-wide sportsmen's organization; United States power squadron; association of Washington cities; Washington state association of counties; Washington state parks and recreation commission (nonvoting); and three members at large.

          Representatives shall serve for a period of two years.  The committee shall be the successor to the existing boating safety task force which currently advises the commission on boating safety issues.  Members of the task force shall continue to serve on the committee until expiration of current terms.  Appointments to the committee shall be made by the parks and recreation commission, with the advice of the organization to be represented.

 

          NEW SECTION.  Sec. 3.  A new section is added to chapter 43.51 RCW to read as follows:

          The parks and recreation commission is hereby directed to develop and adopt rules establishing a uniform waterway marking system for nonnavigable waters of the state.  Such system shall be designed to provide for standardized waterway marking buoys, floats, and other waterway marking devices which identify or specify waterway hazards, vessel traffic patterns, and similar information of necessity or use to boaters.  Any new or replacement waterway marking buoy, float, or device installed by a unit of local government shall be designed and installed consistent with rules adopted by the parks and recreation commission pursuant to this section.

 

        Sec. 4.  Section 52, chapter 3, Laws of 1983 2nd ex. sess. as amended by section 4, chapter 183, Laws of 1984 and RCW 43.51.400 are each amended to read as follows:

          The state parks and recreation commission shall:

          (1) Coordinate a state-wide program of boating safety education using to the maximum extent possible existing programs offered by the United States power squadron and the United States coast guard auxiliary;

          (2) Adopt rules in accordance with chapter 34.04 RCW, consistent with United States coast guard regulations, standards, and precedents, as needed for the efficient administration and enforcement of this section;

          (3) Develop by January 31, 1984, a state-wide inventory of marine state parks and recreational facilities operated by other state and local agencies that are available for marine-related use by persons owning boats in this state;

          (4) Enter into agreements aiding the administration of this chapter;

          (5) Adopt and administer a casualty and accident reporting program consistent with United States coast guard regulations;

          (6) Adopt and enforce recreational boating safety rules, including but not necessarily limited to equipment and navigating requirements, consistent with United States coast guard regulations;

          (7) Coordinate with local and state agencies the development of biennial plans and programs for the enhancement of boating safety, safety education, and enforcement of safety rules and laws; allocate money appropriated to the commission for these programs as necessary; and accept and administer any public or private grants or federal funds which are obtained for these purposes under chapter 43.88 RCW; ((and))

           (8) Take additional actions necessary to gain acceptance of a program of boating safety for this state under the federal boating safety act of 1971; and

          (9) Conduct an assessment of boating safety on Washington's waterways in cooperation with local agencies.  The commission shall, where needed, provide basic or supplementary boating safety services which include field contact with the boating public for the purposes of safety education and enforcement of regulations and statutes.

 

          NEW SECTION.  Sec. 5.     There is appropriated from the general fund to the parks and recreation commission for the biennium ending June 30, 1989, the sum of one million nine hundred eighteen thousand dollars, or so much thereof as may be necessary, to carry out the purposes of this act.