_______________________________________________
SENATE
BILL 6199
_______________________________________________
Passed
Legislature - 1992 Regular Session
State of Washington 52nd
Legislature 1992 Regular Session
Read first time 01/21/92.
Referred to Committee on Environment & Natural Resources.Adopting the Boating Offense Compact.
AN ACT
Relating to the boating offense compact; and adding a new chapter to Title 88
RCW.
BE IT ENACTED BY THE LEGISLATURE
OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. The
Boating Offense Compact is enacted into law and entered into on behalf of this
state with all other states legally joining therein in a form substantially as
follows:
ARTICLE
I
Findings
and Declaration of Policy
(1)
The party states find that:
(a)
The safety of their waters is materially affected by the degree of compliance
with state laws and local ordinances relating to the operation of boats;
(b)
Violation of such a law or ordinance is evidence that the violator engages in
conduct which is likely to endanger the safety of persons and property;
(2) It
is the policy of each of the party states to promote compliance with the laws,
ordinances, and administrative rules and regulations relating to the operation
of boats by their operators in each of the jurisdictions where such operators
operate boats.
ARTICLE
II
Definition
As
used in this compact, "state" means a state that has entered into
this compact.
ARTICLE
III
Concurrent
Jurisdiction
(1) If
conduct is prohibited by two adjoining party states, courts and law enforcement
officers in either state who have jurisdiction over boating offenses committed
where waters form a common interstate boundary have concurrent jurisdiction to
arrest, prosecute, and try offenders for the prohibited conduct committed
anywhere on the boundary water between the two states.
(2)
This compact does not authorize:
(a)
Prosecution of any person for conduct that is unlawful in the state where it
was committed, but lawful in the other party state;
(b) A
prohibited conduct by the party state.
ARTICLE
IV
Entry
Into Force and Withdrawal
(1)
This compact shall enter into force and become effective as to any state when
it has enacted the same into law.
(2)
Any party state may withdraw from this compact by enacting a statute repealing
the same.
ARTICLE
V
Construction
and Severability
This
compact shall be liberally construed so as to effectuate the purposes thereof.
The provisions of this compact shall be severable and if any phrase, clause, sentence,
or provision of this compact is declared to be contrary to the constitution of
any party state or of the United States or the applicability thereof to any
government, agency, person, or circumstance is held invalid, the validity of
the remainder of this compact and the applicability thereof to any government,
agency, person, or circumstance shall not be affected thereby. If this compact
shall be held contrary to the constitution of any state party thereto, the
compact shall remain in full force and effect as to the remaining states and in
full force and effect as to the state affected as to all severable matters.
NEW
SECTION. Sec. 2. Section
1 of this act shall constitute a new chapter in Title 88 RCW.
Passed the Senate February 17, 1992.
Passed the House March 4, 1992.
Approved by the Governor March
20, 1992.
Filed
in Office of Secretary of State March 20, 1992.
