H-0381.1  _______________________________________________

                          HOUSE BILL 1046

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State of Washington      55th Legislature     1997 Regular Session

By Representatives Carlson, Pennington, Radcliff, Ogden, Doumit, Keiser, Scott, Cole, DeBolt, Cooper, Mason, Cody, Costa, L. Thomas, Dyer, Regala, Anderson, Appelwick and O'Brien

Read first time 01/13/97.  Referred to Committee on Natural Resources.

Requiring personal flotation devices for children on certain recreational vessels.

    AN ACT Relating to personal flotation devices; amending RCW 88.12.115; and prescribing penalties.

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

    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 unless each person nine 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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