Title: An act relating to a boating safety education program.

Brief Description: Establishing a boating safety education program.

Sponsors: Senate Committee on Transportation (originally sponsored by Senators Jacobsen, Swecker, Oke, Fraser, Johnson, Spanel, Rockefeller, Kohl-Welles, Delvin, Keiser, Haugen, Kastama, Kline, Hargrove, Regala, Franklin, Thibaudeau, Rasmussen and Shin).

Brief History:

Committee Activity: Transportation: 1/26/05, 2/21/05 [DPS, w/oRec].

Passed Senate: 3/16/05, 30-18.

SENATE COMMITTEE ON TRANSPORTATION

Majority Report: That Substitute Senate Bill No. 5145 be substituted therefor, and the substitute bill do pass.Signed by Senators Haugen, Chair; Jacobsen, Vice Chair; Poulsen, Vice Chair; Swecker, Ranking Minority Member; Eide, Esser, Kastama, Oke, Spanel and Weinstein.

Minority Report: That it be referred without recommendation.Signed by Senator Mulliken.

Staff: Kelly Simpson (786-7403)

Background: Under current law, the State Parks and Recreation Commission (Commission) is required to, among other things, adopt and enforce recreational boating safety rules, including equipment and navigating requirements, consistent with U.S. Coast Guard regulations. Additionally, the Commission must coordinate a statewide program of boating safety education, using when possible, existing programs offered by the U.S. Power Squadron and the U.S. Coast Guard Auxiliary.

Various operational and equipment requirements exist applicable to the operation of recreational vessels. However, current law does not require operators of motor driven boats and vessels to successfully complete a boating safety education program prior to operating the vessel.

Summary of Bill: The State Parks and Recreation Commission must establish a program to provide required boating safety education. The program must be phased in so that all non-exempt boaters are required to obtain a boater education card by January 1, 2016. The program must include a minimum standard of boating safety education accomplishment, minimum standards for boating safety course of instruction and examination, and accreditation to boating safety education courses operated by entities such as the U.S. Coast Guard Auxiliary and the U.S. Power Squadrons. Additionally, the program must include an equivalency exam that may be taken as an alternative to the boating safety education course, a $10 fee to receive the boater education card, and a card replacement fee.

In order to operate a motor driven boat or vessel of 15 horsepower or greater, a person must be at least 12 years old and: (1) possess a boater education card; or (2) be accompanied by and under the supervision of a person at least 16 years old who has a boater education card, or who is not yet required to possess the card under the phased-in program.

Certain individuals are not required to have a boater education card, including: (1) persons not yet required to have a card under the phased schedule developed by the Commission; (2) certain nonresident vessel operators; (3) renters of motor driven boats or vessels, with an engine power of 15 horsepower or greater, who are at least 12 years old and who complete a Commission-approved motor vessel safety checklist; and (5) any person born before January 1, 1955.

Any person who, prior to the effective date of this act, successfully completed a boating safety education course substantially equivalent to the standards adopted by the Commission may pay a $10 fee and receive a boater education card without taking a course or equivalency exam.

All fees collected for the issuance of a boater education card must be deposited in the newly created, nonappropriated Boating Safety Education Certification Account to be used for the administration of the boating safety education program.

Appropriation: None.

Fiscal Note: Available.

Committee/Commission/Task Force Created: No.

Effective Date: Ninety days after adjournment of session in which bill is passed.

Testimony For: Recreational boating groups and stakeholders in Washington have worked hard over the past few years to put this legislation together. Washington State has the fourth highest boating accident rate in the U.S. and 87 percent of operators involved in boating accidents have not taken a boating safety course. Mandatory boating safety education, currently required in 36 states, has been shown to reduce serious accidents over time. The issue is of national importance, especially for cold water boating, as 17 states currently have no mandatory boating safety education requirement. Many optional courses are currently available, including those provided by U.S. Power Squadrons and the U.S.C.G. Auxiliary, including online courses, with prices varying in the $25-$50 range.

Testimony Against: None.

Who Testified: PRO: Ray Schow & David Kutz, WA Alliance for Mandatory Boater Education (WAMBE) & Recreational Boating Assoc. of WA; Michael Campbell, NW Marine Trade Assoc.; Bill Gossard, National Transportation Safety Board; Lance Jensen, Past Chief Commander, U.S. Power Squadrons; Dick Kohlea & Sissi Longthorpe, NW Boating Council; Viggo Bertelsen, U.S.C.G. Auxiliary.

House Amendment(s): The amendment exempts commercial fishing vessel operators licensed by the Department of Fish and Wildlife, and persons possessing a marine operator license issued by the U.S. Coast Guard, from the requirement to carry a boater education card when operating a vessel for recreational purposes. However, the individuals must be carrying their respective government-issued license in lieu of the boater education card.

Passed House: 68-30.