S-0962.1  _______________________________________________

                         SENATE BILL 5687

          _______________________________________________

State of Washington      57th Legislature     2001 Regular Session

By Senators Rasmussen, Oke, Johnson and Jacobsen

Read first time 01/30/2001.  Referred to Committee on Natural Resources, Parks & Shorelines.

Implementing a program of mandatory boating safety education.

    AN ACT Relating to mandatory education for operators of vessels; amending RCW 79A.60.010; adding new sections to chapter 79A.60 RCW; and prescribing penalties.

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

    Sec. 1.  RCW 79A.60.010 and 2000 c 11 s 92 are each amended to read as follows:

    ((Unless the context clearly requires otherwise,)) The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

    (1) "Accredited boating educator" means a person or organization accredited under section 7 of this act to provide a course of mandatory boating safety education.

(2) "Accredited course" means a mandatory course of instruction on boating safety education that has been accredited by the commission under section 7 of this act.

(3) "Accredited test" means a test that has been accredited by the commission under section 9 of this act.

(4) "Boat wastes" includes, but is not limited to, sewage, garbage, marine debris, plastics, contaminated bilge water, cleaning solvents, paint scrapings, or discarded petroleum products associated with the use of vessels.

    (((2))) (5) "Boater" means any person on a vessel on waters of the state of Washington.

    (((3))) (6) "Boater education card" means a card issued by an accredited boating educator to a person who:

(a) Successfully completed the course before September 1, 2000;

(b) Has successfully completed an accredited course; or

(c) Has passed an accredited test.

(7) "Carrying passengers for hire" means carrying passengers in a vessel on waters of the state for valuable consideration, whether given directly or indirectly or received by the owner, agent, operator, or other person having an interest in the vessel.  This shall not include trips where expenses for food, transportation, or incidentals are shared by participants on an even basis.  Anyone receiving compensation for skills or money for amortization of equipment and carrying passengers shall be considered to be carrying passengers for hire on waters of the state.

    (((4))) (8) "Certificate of competency" means a certificate in a form approved by the commission to be issued by the provider of a rental motor vessel or the provider of a recently delivered vessel certifying that the person renting the vessel or having recently received the vessel has successfully completed a motor vessel safety check list and is competent to operate that vessel.

(9) "Commission" means the state parks and recreation commission.

    (((5))) (10) "Darkness" means that period between sunset and sunrise.

    (((6))) (11) "Educated operator" means a person who has met the mandatory boating safety education requirements established in section 7 or 9 of this act.

(12) "Environmentally sensitive area" means a restricted body of water where discharge of untreated sewage from boats is especially detrimental because of limited flushing, shallow water, commercial or recreational shellfish, swimming areas, diversity of species, the absence of other pollution sources, or other characteristics.

    (((7))) (13) "Guide" means any individual, including but not limited to subcontractors and independent contractors, engaged for compensation or other consideration by a whitewater river outfitter for the purpose of operating vessels.  A person licensed under RCW ((77.32.211 or 75.28.780)) 77.65.440 or 77.65.480 and acting as a fishing guide is not considered a guide for the purposes of this chapter.

    (((8))) (14) "Horsepower" means the rated amount of mechanical power of the engine actually being used at any particular time.

(15) "Marina" means a facility providing boat moorage space, fuel, or commercial services.  Commercial services include but are not limited to overnight or live‑aboard boating accommodations.

    (((9))) (16) "Motor driven boats and vessels" means all boats and vessels which are self propelled.

    (((10))) (17) "Motor vessel safety check list" means a printed list of the safety requirements of a motor vessel being rented or having been recently delivered and meeting the minimum requirements established by the commission in accordance with section 7 of this act.

(18) "Muffler" or "muffler system" means a sound suppression device or system, including an underwater exhaust system, designed and installed to abate the sound of exhaust gases emitted from an internal combustion engine and that prevents excessive or unusual noise.

    (((11))) (19) "National association of boating law administrators" means the organization of state and local law enforcement officers, boating safety experts, and the administrative personnel who are responsible for boating safety programs.

(20) "Observer" means the individual riding in a vessel who is responsible for observing a water skier at all times.

(21) "Operate" means to steer, direct, or otherwise have physical control of a vessel that is underway.

    (((12))) (22) "Operator" means an individual who steers, directs, or otherwise has physical control of a vessel that is underway or exercises actual authority to control the person at the helm.

    (((13) "Observer" means the individual riding in a vessel who is responsible for observing a water skier at all times.

    (14))) (23) "Out-of-state education card" means a document issued under the Canadian mandatory boating safety education law or under the law of a state meeting safety education requirements similar to the minimum requirements established by the commission.

(24) "Owner" means a person who has a lawful right to possession of a vessel by purchase, exchange, gift, lease, inheritance, or legal action whether or not the vessel is subject to a security interest.

    (((15))) (25) "Person" means any individual, sole proprietorship, partnership, corporation, nonprofit corporation or organization, limited liability company, firm, association, or other legal entity located within or outside this state.

    (((16))) (26) "Personal flotation device" means a buoyancy device, life preserver, buoyant vest, ring buoy, or buoy cushion that is designed to float a person in the water and that is approved by the commission.

    (((17))) (27) "Personal watercraft" means a vessel of less than sixteen feet that uses a motor powering a water jet pump, as its primary source of motive power and that is designed to be operated by a person sitting, standing, or kneeling on, or being towed behind the vessel, rather than in the conventional manner of sitting or standing inside the vessel.

    (((18))) (28) "Polluted area" means a body of water used by boaters that is contaminated by boat wastes at unacceptable levels, based on applicable water quality and shellfish standards.

    (((19))) (29) "Proof of age" means a boater education card, birth certificate, passport, driver's license, or other official document that states a person's date of birth.

(30) "Proof of residency" means a passport, driver's license, or other official government document that states a person's place of residence.

(31) "Public entities" means all elected or appointed bodies, including tribal governments, responsible for collecting and spending public funds.

    (((20))) (32) "Recently delivered vessel" means a motor vessel delivered within the previous sixty days under a lease exceeding sixty days, under a purchase, or by gift.

(33) "Reckless" or "recklessly" means acting carelessly and heedlessly in a willful and wanton disregard of the rights, safety, or property of another.

    (((21))) (34) "Rental motor vessel" means a motor vessel being rented for sixty days or less.

(35) "Sewage pumpout or dump unit" means:

    (a) A receiving chamber or tank designed to receive vessel sewage from a "porta‑potty" or a portable container; and

    (b) A stationary or portable mechanical device on land, a dock, pier, float, barge, vessel, or other location convenient to boaters, designed to remove sewage waste from holding tanks on vessels.

    (((22))) (36) "Underway" means that a vessel is not at anchor, or made fast to the shore, or aground.

    (((23))) (37) "Vessel" includes every description of watercraft on the water, other than a seaplane, used or capable of being used as a means of transportation on the water.  However, it does not include inner tubes, air mattresses, sailboards, and small rafts or flotation devices or toys customarily used by swimmers.

    (((24))) (38) "Water skiing" means the physical act of being towed behind a vessel on, but not limited to, any skis, aquaplane, kneeboard, tube, or any other similar device.

    (((25))) (39) "Waters of the state" means any waters within the territorial limits of Washington state.

    (((26))) (40) "Whitewater river outfitter" means any person who is advertising to carry or carries passengers for hire on any whitewater river of the state, but does not include any person whose only service on a given trip is providing instruction in canoeing or kayaking skills.

    (((27))) (41) "Whitewater rivers of the state" means those rivers and streams, or parts thereof, within the boundaries of the state as listed in RCW 79A.60.470 or as designated by the commission under RCW 79A.60.495.

NEW SECTION. Sec. 2.  (1) A person may not operate a motor vessel under mechanical power of more than ten horsepower unless the person is  at least thirteen years old, and:

    (a) Has in the person's possession on the vessel a boater education card and has proof of age;

    (b) Possesses a valid master's, mate's, or motorboat operator's license issued by the United States coast guard, or issued by another country in a form recognized by the United States coast guard, or is working under and supervised directly by a person so licensed;

    (c) Possesses a certificate under the international standards for training, certification, and watchkeeping for seafarers;

    (d) Is authorized to operate the vessel as an enforcement officer, a member of a branch of the military, scientific service, or other similar government service;

    (e) Possesses proof of residency showing the person not a resident of this state, and is operating a motor vessel that has not been in Washington state for more than sixty consecutive days;

    (f) Possesses a current out-of-state education card;

    (g) Has in the person's possession a rental motor vessel safety check list and certificate of competency for the rental motor vessel being operated;

    (h) Is the lessee of a vessel on a lease exceeding sixty days, or the owner of a vessel delivered within the previous sixty days, and has in the person's possession a motor vessel safety check list and certificate of competency for the recently delivered vessel being operated;

    (i) Has successfully completed a boating safety course substantially equivalent to an accredited course before September 30, 2002, and has in the person's possession and exhibits to an enforcement officer a certificate or other creditable written proof of that completion;

    (j) Is accompanied by and under the direct supervision of a person  at least sixteen years old who is an educated operator;

    (k) Is an educated operator ten to fourteen years old operating a motor vessel being powered by an engine of twenty horsepower or less, provided that the vessel so powered is proved to be incapable of reaching speeds in excess of twenty miles per hour;

    (l) Is an educated operator twelve to fifteen years old operating a motor vessel being powered by an engine greater than twenty horsepower if accompanied by and under the direct supervision of a parent, guardian, or responsible educated operator at least sixteen years old.  However, the vessel so powered must be incapable of reaching speeds in excess of thirty-five miles per hour as loaded; or

    (m) Is not yet required to have a boater education card under subsection (3) of this section.

    (2)(a) The operation of a vessel carrying passengers for hire in violation of this section is a misdemeanor.

    (b) All other violations of this section are civil infractions.

    (3) This section applies as follows:

    (a) Beginning January 1, 2002, this section applies to an operator born after April 1, 1985, who operates a motor vessel powered by more than ten horsepower;

    (b) Beginning January 1, 2003, this section applies to a person born before April 1, 1985, who operates a motor vessel powered by more than ten horsepower that is less than four meters in length; and

    (c) Beginning January 1, 2009, this section applies to any person who operates a motor vessel of any length.

NEW SECTION. Sec. 3.  In a proceeding for a violation of section 2 of this act for the operation of a vessel not carrying passengers for hire, the court may conditionally suspend all or part of the fine to be imposed if the defendant appears personally and agrees to complete within the time limits imposed by the court, and at the defendant's own expense, an accredited course.

NEW SECTION. Sec. 4.  (1) A certificate of competency for a rental vessel is valid only for the period or periods of rental of that vessel or of the period of the rental of a vessel from the same provider that is of similar size, design, and power.  A certificate of competency for a recently delivered vessel is valid for the lesser of:  (a) The time specified in the certificate; (b) until the lessee or the owner is issued a boater education card; or (c) sixty days from the date of issue of the certificate.  A certificate of competency must state the time limitations on its validity.

    (2) A violation of this section is an infraction.

NEW SECTION. Sec. 5.  When an enforcement officer has a reason to believe that there has been a violation of this chapter, the enforcement officer may require the operator to present a boater education card, proof of age, proof of residency, or other document required to comply with section 2 of this act.  Failure to exhibit a document required to comply with section 2 of this act constitutes prima facie evidence of a violation of section 2 of this act.  An operator may rebut the prima facie evidence by presenting to the court evidence that he or she was operating the motor vessel in compliance with section 2 of this act on the date of the violation.

NEW SECTION. Sec. 6.  (1) A person may not:

    (a) Give a false statement in order to obtain a boater education card for the person or another;

    (b) Exhibit to an enforcement officer an altered boater education card;

    (c) Forge or alter a boater education card, certificate of accreditation, certificate of competency, or a motor vessel safety check list;

    (d) Produce or possess an unauthorized replica of a boater education card or a certificate of competency; or

    (e) Permit another to use a boater education card issued in their name.

    (2) A violation of this section is a misdemeanor.

NEW SECTION. Sec. 7.  In consultation with the Washington state boating safety council, the commission shall establish and implement a program of mandatory boating safety education.  In establishing the mandatory boating safety education program, the commission shall by rule establish minimum standards:

    (1) For a mandatory boating safety education course that are consistent with the applicable standards established by the national association of state boating law administrators and that take into consideration the mandatory boating safety education requirement of Canada.  The commission may revise the minimum education standards as necessary to meet changes in standards by other jurisdictions;

    (2) To issue accredited course certification to commercial and volunteer organizations that provide boating safety education courses.  These organizations must meet the standards adopted by the commission by rule for an accredited boating educator;

    (3) To produce a waterproof and counterfeit resistant form of a boater education card to be issued by an accredited boating educator showing satisfactory completion of the accredited course;

    (4) For motor vessel safety check lists and a form of certificate of competency to be issued by providers of rental motor vessels or recently delivered vessels as prerequisite to operating such a vessel by a person not possessing a boater education card; and

    (5) To issue accredited course certification or a written statement of the reason for denying accreditation to a commercial or volunteer organization that provides boating safety education courses within a reasonable time after receiving an application to become an accredited course.

NEW SECTION. Sec. 8.  Boating safety courses offered as part of the regular programs of the United States coast guard auxiliary and the United States power squadrons are declared accredited courses and these organizations are accredited boating educators and authorized to issue boater education cards to persons who have successfully completed an accredited course.  These organizations may issue a boater education card to individuals who have successfully completed a United States coast guard auxiliary or United States power squadrons boating safety course prior to the effective date of this section.

NEW SECTION. Sec. 9.  As an alternative to taking an accredited course as required under section 7 of this act, an operator may choose to take an accredited test.

    (1) The commission may accredit a test that:

    (a) Uses association items, multiple choice questions, or short answer questions; and

    (b) Includes at least the collision rules and the rules stated in RCW 79A.60.010 through 79A.60.220; and

    (c) Covers the minimum standards for an accredited course.

    (2) An accredited test must be administered, proctored, and supervised for its duration by an accredited boating educator or by another person approved by the commission.

NEW SECTION. Sec. 10.  The commission may not require that the course content and printed material for an accredited course include more than that required by the standards of the national association of boating law administrators.  At the discretion of the accredited boating educator, an accredited course may include content and printed material on boating education that is additional to the standards published by the national association of boating law administrators.

NEW SECTION. Sec. 11.  At least annually, an accredited boating educator shall, for statistical purposes only, submit to the commission a record of the number of boating education cards issued.  An accredited boating educator shall keep a record of the names of the persons issued boater education cards within the previous ten years, but is not required to submit this information to the state unless it ceases to be an accredited boating educator.

NEW SECTION. Sec. 12.  Sections 2 through 11 of this act are each added to chapter 79A.60 RCW.

                            --- END ---