"NEW SECTION.  Sec. 1   The legislature finds that:
     (1) Carbon monoxide is a potentially deadly gas that can lead to brain injury and death.
     (2) Marine engines are not subject to the same federal and state-mandated emission controls as automobiles and, therefore, can emit dangerously high concentrations of carbon monoxide into the atmosphere, increasing the chance of exposure to potentially lethal amounts of carbon monoxide.
     (3) Federal agencies have found that carbon monoxide can gather in deadly concentrations behind ski boats and cabin cruisers.
     (4) Dangerous levels of carbon monoxide can accumulate around vessel swim decks and areas at the stern of the boat where occupants frequently sit or swim because the exhaust ports for both propulsion engines and generators are located nearby.

NEW SECTION.  Sec. 2   A new section is added to chapter 79A.60 RCW to read as follows:
     (1) It is unlawful for a person to operate a motor driven boat or vessel, other than a personal watercraft, or have the engine of a vessel run idle, when an individual is engaged in stern deck recreation.
     (2) A violation of this subsection is an infraction punishable by a fine of up to one hundred dollars.

Sec. 3   RCW 79A.60.630 and 2005 c 392 s 3 are each amended to read as follows:
     (1) The commission shall establish and implement by rule a program to provide required boating safety education. The boating safety education program shall include training on preventing the spread of aquatic invasive species. The program shall be phased in so that all boaters not exempted under RCW 79A.60.640(3) are required to obtain a boater education card by January 1, 2016. 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 to be phased over eleven years starting July 1, 2005, with full implementation by January 1, 2016. The period July 1, 2005, through December 31, 2007, will be program development, boater notification of the new requirements for mandatory education, and processing cards to be issued to individuals having taken an accredited course prior to January 1, 2008. The schedule for phase-in of the mandatory education requirement by age group is as follows:
January 1, 2008 - All boat operators twenty years old and younger;
January 1, 2009 - All boat operators twenty-five years old and younger;
January 1, 2010 - All boat operators thirty years old and younger;
January 1, 2011 - All boat operators thirty-five years old and younger;
January 1, 2012 - All boat operators forty years old and younger;
January 1, 2013 - All boat operators fifty years old and younger;
January 1, 2014 - All boat operators sixty years old and younger;
January 1, 2015 - All boat operators seventy years old and younger;
January 1, 2016 - All boat operators;
     (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) Include information about the dangers of carbon monoxide poisoning at the stern of a vessel and how to prevent such poisoning;
     (f) Develop an equivalency examination that may be taken as an alternative to the boating safety education course;
     (((f))) (g) 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 chapter 392, Laws of 2005, 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))) (h) Establish a fee for the replacement of the boater education card that covers the cost of replacement;
     (((h))) (i) Consider and evaluate public agency and commercial opportunities to assist in program administration with the intent to keep administrative costs to a minimum;
     (((i))) (j) Approve and provide accreditation to boating safety education courses offered online; and
     (((j))) (k) Provide a report to the legislature by January 1, 2008, on its progress of implementation of the mandatory education program.

NEW SECTION.  Sec. 4   A new section is added to chapter 88.02 RCW to read as follows:
     (1) Any new or used motor driven boat or vessel, as that term is defined in RCW 79A.60.010, other than a personal watercraft, sold within this state must display a carbon monoxide warning sticker developed by the department on the interior of the vessel.
     (2) For vessels sold by a dealer, the dealer shall ensure that the warning sticker has been affixed prior to completing a transaction.
     (3) For a vessel sold by an individual, the department shall include the sticker in the registration materials provided to the new owner, and the department shall notify the new owner that the sticker must be affixed as described in subsection (1) of this section.
     (4) A warning sticker already developed by a vessel manufacturer may satisfy the requirements of this section if it has been approved by the department. The department shall approve a carbon monoxide warning sticker that has been approved by the United States coast guard for similar uses in other states.

NEW SECTION.  Sec. 5   A new section is added to chapter 88.02 RCW to read as follows:
     The department shall include an informational brochure about the dangers of carbon monoxide poisoning and vessels and the warning stickers required by section 4 of this act as part of the registration materials mailed by the department for two consecutive years for registrations that are due or become due after the effective date of this section, and thereafter upon recommendation by the director of the department. The materials shall instruct the vessel owner to affix the stickers as required by section 4 of this act.

Sec. 6   RCW 79A.60.010 and 2005 c 392 s 2 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.
     (3) "Boater" means any person on a vessel on waters of the state of Washington.
     (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.
     (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.
     (9) "Darkness" means that period between sunset and sunrise.
     (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.
     (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.
     (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.
     (13) "Motor driven boats and vessels" means all boats and vessels which are self propelled.
     (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 RCW 79A.60.630.
     (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.
     (16) "Operate" means to steer, direct, or otherwise have physical control of a vessel that is underway.
     (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.
     (18) "Observer" means the individual riding in a vessel who is responsible for observing a water skier at all times.
     (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.
     (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.
     (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.
     (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.
     (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.
     (24) "Public entities" means all elected or appointed bodies, including tribal governments, responsible for collecting and spending public funds.
     (25) "Reckless" or "recklessly" means acting carelessly and heedlessly in a willful and wanton disregard of the rights, safety, or property of another.
     (26) "Rental motor vessel" means a motor vessel that is legally owned by a person that is registered as a rental and leasing agency for recreational motor vessels, and for which there is a written and signed rental, charter, or lease agreement between the owner, or owner's agent, of the vessel and the operator of the vessel.
     (27) "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.
     (28) "Stern deck recreation" means any aquatic recreation that involves holding onto or otherwise being in direct contact with the stern of a motor driven boat or vessel, other than a personal watercraft, while the vessel is being operated at any speed or when the vessel's engine is at idle. The term includes holding onto the swim deck, swim platform, swim ladder, or any other portion of the exterior or transom of the vessel and floating or swimming on one's stomach or back in the wake directly behind a vessel. The term does not include being dragged or pulled behind a vessel on the end of a length of rope, and does not include activities required for docking, departing, exiting, or entering the vessel, or for activities occurring when the vessel is engaged in law enforcement or emergency rescue activities.
     (29) "Underway" means that a vessel is not at anchor, or made fast to the shore, or aground.
     (((29))) (30) "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.
     (((30))) (31) "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.
     (((31))) (32) "Waters of the state" means any waters within the territorial limits of Washington state.
     (((32))) (33) "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.
     (((33))) (34) "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.

Sec. 7   RCW 79A.60.610 and 1994 c 151 s 2 are each amended to read as follows:
     The commission shall undertake a statewide recreational boating fire prevention education program concerning the safe use of marine fuels and electrical systems ((and the hazards of carbon monoxide)). The boating fire prevention education program shall provide for the distribution of fire safety materials and decals warning of fire hazards and for educational opportunities to educate boaters on the safety practices needed to operate heaters, stoves, and other appliances in Washington's unique aquatic environment. The commission shall evaluate the boating public's voluntary participation in the program and the program's impact on safe boating.

NEW SECTION.  Sec. 8   This act may be known and cited as the Jenda Jones and Denise Colbert safe boating act.

NEW SECTION.  Sec. 9   Sections 4 and 5 of this act take effect January 1, 2007."