Failed 4/12/2005

5145-S AMH ORCU OLSE 086

 

 

 

 

SSB 5145 - H AMD TO H COMM AMD (5145-S AMH NREP H2901.1)

By Representative Orcutt

 

Strike everything after the enacting clause and insert the following:

 

   "NEW SECTION. Sec. 1. It is the intent of the legislature to establish a boating safety education program for persons convicted of a recreational boating safety violation to reduce accidents and increase the enjoyment of boating by all operators of all recreational vessels on the waters of this state.

 

   Sec. 2. RCW 79A.60.010 and 2003 c 39 s 45 are each amended to read as follows:

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

   (1) "Accredited course" means a mandatory course of instruction on boating safety education that has been approved by the commission.

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

   (((3))) (4) "Boater education card" means a card issued to a person who has successfully completed a boating safety education test and has paid the registration fee for a serial number record to be maintained in the commission's data base.

   (5) "Boating educator" means a person providing an accredited course.

   (6) "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))) (7) "Certificate of accomplishment" means a form of certificate approved by the commission and issued by a boating educator to a person who has successfully completed an accredited course.

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

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

   (((6))) (10) "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))) (11) "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 77.65.480 or 77.65.440 and acting as a fishing guide is not considered a guide for the purposes of this chapter.

   (((8))) (12) "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))) (13) "Motor driven boats and vessels" means all boats and vessels which are self propelled.

   (((10))) (14) "Motor vessel safety operating and equipment checklist" means a printed list of the safety requirements for a vessel with a motor installed or attached to the vessel being rented, chartered, or leased and meeting minimum requirements adopted by the commission in accordance with section 3 of this act.

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

   (((12))) (17) "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))) (18) "Observer" means the individual riding in a vessel who is responsible for observing a water skier at all times.

   (((14))) (19) "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))) (20) "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))) (21) "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))) (22) "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))) (23) "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))) (24) "Public entities" means all elected or appointed bodies, including tribal governments, responsible for collecting and spending public funds.

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

   (((21)))(26) "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))) (27) "Underway" means that a vessel is not at anchor, or made fast to the shore, or aground.

   (((23))) (28) "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))) (29) "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))) (30) "Waters of the state" means any waters within the territorial limits of Washington state.

   (((26))) (31) "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))) (32) "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. 3. A new section is added to chapter 79A.60 RCW to read as follows:

   (1) The commission shall establish and implement by rule a program to provide required recreational boating safety education for persons convicted of a boating safety violation under chapter 79A.60. To obtain a boater education card, a boater shall provide a certificate of accomplishment issued by a boating educator for taking and passing an accredited boating safety education course, or pass an equivalency exam, or provide proof of completion of a course that meets the standard adopted by the commission.

   (2) As part of the boating safety education program, the commission shall:

   (a) Establish a program for required boater safety education for any recreational boater convicted of a boating safety violation under chapter 79A.60.020;

   (b) Establish a minimum standard of boating safety education accomplishment. The standard must be consistent with the applicable standard established by the national association of state boating law administrators;

   (c) Adopt minimum standards for boating safety education course of instruction and examination that ensures compliance with the national association of state boating law administrators minimum standards;

   (d) Approve and provide accreditation to boating safety education courses operated by volunteers, or commercial or nonprofit organizations, including, but not limited to, courses given by the United States coast guard auxiliary and the United States power squadrons;

   (e) Develop an equivalency examination that may be taken as an alternative to the boating safety education course;

   (f) Establish a fee of ten dollars for the boater education card to fund all commission activities related to the boating safety education program created by this act, including the initial costs of developing the program. Any surplus funds resulting from the fees received shall be distributed by the commission as grants to local marine law enforcement programs approved by the commission as provided in RCW 88.02.040;

   (g) Establish a fee for the replacement of the boater education card that covers the cost of replacement;

   (h) Consider and evaluate public agency and commercial opportunities to assist in program administration with the intent to keep administrative costs to a minimum;

   (i) Approve and provide accreditation to boating safety education courses offered online; and

   (j) Provide a report to the legislature by January 1, 2008, on its progress of implementation of the mandatory education program for persons convicted of a boating safety violation.

 

   NEW SECTION. Sec. 4. A new section is added to chapter 79A.60 RCW to read as follows:

   (1) No person convicted of a boating safety violation under chapter 79A.60 shall operate or permit the operation of motor driven boats and vessels with a mechanical power of fifteen horsepower or greater unless the person has in his or her possession a boater education card.

   (2) Failure to possess a boater education card required by this section is an infraction under chapter 7.84 RCW.

 

   NEW SECTION. Sec. 5. A new section is added to chapter 79A.60 RCW to read as follows:

   The boating safety education certification account is created in the custody of the state treasurer. All receipts from fees collected for the issuance of a boater education card shall be deposited in the account and shall be used only for the administration of sections 3 and 4 of this act. Only the state parks and recreation commission may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures."

 

 

 

   Correct the title.

 

 

 

 

 

 

EFFECT: Removes requirements for boating safety education for all boaters phased in by age and only requires boater safety education for boaters convicted of a boating safety violation under Chapter 79A.60 RCW, Regulation of Recreational Vessels.