CERTIFICATION OF ENROLLMENT

                   ENGROSSED SENATE BILL 5311

                    Chapter 45, Laws of 1991

                        52nd Legislature

                      1991 Regular Session

                    BARE-BOAT CHARTER BOATS

                    EFFECTIVE DATE:  7/28/91

Passed by the Senate March 7, 1991

  Yeas 44   Nays 0

           ALAN BLUECHEL           

President of the Senate

Passed by the House April 9, 1991

  Yeas 92   Nays 0

              JOE KING             

Speaker of the

       House of Representatives

Approved April 24, 1991

           BOOTH GARDNER           

Governor of the State of Washington

CERTIFICATE

I, Gordon Golob, Secretary of the Senate of the State of Washington, do hereby certify that the attached is ENGROSSED SENATE BILL 5311 as passed by the Senate and the House of Representatives on the dates hereon set forth.

           GORDON A. GOLOB            Secretary

                                     FILED         

               April 24, 1991 - 11:05 a.m.

                        Secretary of State   

                       State of Washington

                  _______________________________________________

                            ENGROSSED SENATE BILL 5311

                  _______________________________________________

                     Passed Legislature - 1991 Regular Session

State of Washington              52nd Legislature             1991 Regular Session

By Senators McMullen, Nelson, Moore and Vognild.Read first time January 28, 1991.  Referred to Committee on Transportation.Exempting bare-boat charter boats from the provisions of the charter boat safety act.

     AN ACT Relating to bare-boat charter boats; and amending RCW 88.04.015 and 88.04.075.

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

     Sec. 1.  RCW 88.04.015 and 1989 c 295 s 2 are each amended to read as follows:

     Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

     (1) "Department" means the department of labor and industries.

     (2) "Carrying passengers or cargo" means the transporting of any person or persons or cargo on a vessel for a fee or other consideration.

     (3) "Charter boat" means a vessel or barge operating on inland navigable waters of the state of Washington which is not inspected or licensed by the United States coast guard and 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.

     (4) "Equipment" means a system, part, or component of a vessel as originally manufactured, or a system, part, or component manufactured or sold for replacement, repair, or improvement of a system, part, or component of a vessel; an accessory or equipment for, or appurtenance to a vessel; or a marine safety article, accessory, or equipment, including radio equipment, intended for use by a person on board a vessel.

     (5) "Inland navigable waters" means all waters within the territorial limits of the state of Washington, shoreward of the navigational demarcation lines dividing the high seas from harbors, rivers, lakes, and other inland waters of the state.

     (6) "Operate" means to start or operate any engine which propels a vessel, or to physically control the motion, direction, or speed of a vessel.

     (7) "Owner" means a person who claims lawful possession of a vessel by virtue of legal title or an equitable interest in a vessel which entitles that person to possession of the vessel; but does not include charterers and lessees.

     (8) "Passenger" means a person carried on board a charter boat except:

     (a) The owner of the vessel or the owner's agent; or

     (b) The captain and members of the vessel's crew.

     (9) "Operator's license" means a vessel operator's license issued by the United States coast guard or department for the specified tonnage and route of the vessel.

     (10) "Vessel" means every description of motorized watercraft, other than a bare-boat charter boat, seaplane, or sailboat, used or capable of being used to transport more than six passengers or cargo on water for rent, lease, or hire.

(11) "Bare-boat charter" means the unconditional lease, rental, or charter of a boat by the owner, or his or her agent, to a person who by written agreement, or contract, assumes all responsibility and liability for the operation, navigation, and provisioning of the boat during the term of the agreement or contract, except when a captain or crew is required or provided by the owner or owner's agents to be hired by the charterer to operate the vessel.

     Sec. 2.  RCW 88.04.075 and 1989 c 295 s 11 are each amended to read as follows:

     The provisions of this chapter shall not apply to:

     (1) A vessel that is a charter boat but is being used by the documented or registered owner of the charter boat exclusively for the owner's own noncommercial or personal pleasure purposes;

     (2) A vessel owned by a person or corporate entity which is donated and used by a person or nonprofit organization to transport passengers for charitable or noncommercial purposes, regardless of whether consideration is directly or indirectly paid to the owner;

     (3) A vessel that is rented, leased, or hired by an operator to transport passengers for noncommercial or personal pleasure purposes; ((or))

     (4) A vessel used exclusively for, or incidental to, an educational purpose; or

(5) A bare-boat charter boat. 

     Passed the Senate March 7, 1991.

     Passed the House April 9, 1991.

Approved by the Governor April 24, 1991.

     Filed in Office of Secretary of State April 24, 1991.