5242.E AMH NR H5290.1

ESB 5242 - H COMM AMD ADOPTED 2-24-98

By Committee on Natural Resources

    Strike everything after the enacting clause and insert the following:

    "Sec. 1.  RCW 88.12.115 and 1993 c 244 s 14 are each amended to read as follows:

    (1) No person may operate or permit the operation of a vessel on the waters of the state without a personal flotation device on board for each person on the vessel.  Each personal flotation device shall be in serviceable condition, of an appropriate size, and readily accessible.

    (2) No person may operate or permit to be operated a vessel under nineteen feet in length while underway unless each person twelve years of age or younger on the vessel wears a United States coast guard-approved personal flotation device.

(3) Except as provided in RCW 88.12.015, a violation of subsection (1) or (2) of this section is an infraction under chapter 7.84 RCW if the vessel is not carrying passengers for hire.

    (((3))) (4) A violation of subsection (1) or (2) of this section is a misdemeanor punishable under RCW 9.92.030, if the vessel is carrying passengers for hire.

(5) Enforcement of subsection (2) of this section by law enforcement officers may be accomplished only as a secondary action if a vessel has been detained for a suspected violation of this chapter or some other offense."

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