FINAL BILL REPORT

SSB 5265

                              C 295 L 89

BYSenate Committee on Transportation (originally sponsored by Senators Rasmussen and Metcalf)

Regulating certain charter boats on state water.

Senate Committee on Transportation

House Committe on Natural Resources & Parks

Rereferred House Committee on Appropriations

SYNOPSIS AS ENACTED

BACKGROUND:

Vessels which are rented, leased, or hired, and which are used or capable of being used to transport more than six passengers, are operated on many of the waters of this state.  The operators of such vessels are currently required to have a valid license issued by the United States Coast Guard for operation of that class of vessel.

Under current law, the Coast Guard is responsible for the inspection and licensing of charter boats when they are operated on federally-owned waters or on lakes which are connected to federally-owned waters.  From 1979 to 1986, the Coast Guard also licensed the operators of charters which operated on state-owned inland waters.  In 1986, the Coast Guard began refusing to license operators for inland waters because those waters were outside their jurisdiction.

The Department of Labor and Industries is responsible for inspecting charters for operation on inland waters but currently does not have authority to license charter operators.  Due to the department's lack of licensing authority and the Coast Guard's refusal to license charter operators, many charters are operating on inland waters in violation of existing law.

SUMMARY:

The authority of the Department of Labor and Industries is expanded to include the licensing of charter boat operators.  A charter boat is defined as a motorized vessel or barge operating on inland navigable waters of the state, which is not inspected or licensed by the United States Coast Guard, over which the United States Coast Guard does not exercise jurisdiction, and which is rented, leased, or chartered to carry more than six persons or cargo.

The operation of a charter boat on inland navigable waters is prohibited unless:  (1) the department or the Coast Guard has inspected the vessel within the previous 12 months and issued a certificate of inspection; (2) the operator of the vessel is licensed by the department or the Coast Guard; (3) the vessel is registered; and (4) the vessel is covered by liability insurance.

The department must inspect charter boats once every 12 months with the vessel in the water and once every 24 months with the vessel in drydock.  All money received from licenses, permits, inspection fees, or penalties imposed for violations are deposited in the industrial insurance trust funds and are used for administration, education, and enforcement costs, and for repayment to the state general fund, by June 30, 1991, of the amount appropriated to start the program.

Enforcement, appeals, and other administrative procedures are handled pursuant to the Washington Industrial Safety and Health Act, Chapter 49.17 RCW.

The department may enter into reciprocal agreements with other states concerning the operation in Washington of charter boats from those states.

The department is required to develop an education and enforcement program designed to eliminate the operation of charter boats that are not inspected and certified, and to inform the public of the requirements for charter boat operation.

The following vessels are exempt:  (1) vessels used only for the owner's personal pleasure; (2) vessels which are donated to and used by a nonprofit organization to transport passengers for charitable or noncommercial purposes; (3) rental boats which are rented without an operator (you- drive rentals); and (4) vessels used for educational purposes.

Appropriation:  $48,300 to the Department of Labor and Industries

VOTES ON FINAL PASSAGE:

     Senate   47    0

     House 96  0 (House amended)

     Senate   45    0 (Senate concurred)

EFFECTIVE:July 23, 1989