AN ACT Relating to the regulation of charter boats; amending RCW 88.04.310, 88.04.320, and 88.04.330; adding new sections to chapter 88.04 RCW; repealing RCW 88.04.300; prescribing penalties; and making an appropriation.

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

NEW SECTION. Sec. 1. The purposes of this chapter are as follows:

(1) Regulate charter boats operating on inland navigable waters of the state and not covered by a valid and current United States coast guard certificate of inspection to carry more than six passengers;

(2) Protect the safety and health of employees, passengers, and persons utilizing charter boats;

(3) Authorize the department of labor and industries to adopt rules regulating the use of charter boats operating on inland navigable waters of the state and to issue licenses;

(4) Provide for the seizure or condemnation of certain vessels; and

(5) Provide penalties for violations of this chapter.

NEW SECTION. Sec. 2. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Department" means the department of labor and industries.

(2) "Carrying passengers or cargo" means the transporting of any person or persons or cargo on a vessel for a fee or other consideration.

(3) "Charter boat" means a vessel or barge operating on inland navigable waters of the state of Washington which is not inspected or licensed by the United States coast guard and over which the United States coast guard does not exercise jurisdiction over navigational safety and which is rented, leased, or chartered to carry more than six persons or cargo.

(4) "Equipment" means a system, part, or component of a vessel as originally manufactured, or a system, part, or component manufactured or sold for replacement, repair, or improvement of a system, part, or component of a vessel; an accessory or equipment for, or appurtenance to a vessel; or a marine safety article, accessory, or equipment, including radio equipment, intended for use by a person on board a vessel.

(5) "Inland navigable waters" means all waters within the territorial limits of the state of Washington, shoreward of the navigational demarcation lines dividing the high seas from harbors, rivers, lakes, and other inland waters of the state.

(6) "Operate" means to start any propulsion engine or to physically control the motion, direction, or speed of a vessel.

(7) "Owner" means a person who claims lawful possession of a vessel by virtue of legal title or an equitable interest in a vessel which entitles that person to possession of the vessel; but does not include charters and lessees.

(8) "Passenger" means a person carried on board a charter boat except:

(a) The owner of the vessel or the owner's agent; or

(b) The captain and members of the vessel's crew.

(9) "Operator's license" means a vessel operator's license issued by the United States coast guard or department for the specified tonnage and route of the vessel.

(10) "Vessel" means every description of motorized watercraft, other than a seaplane or sailboat, used or capable of being used to transport more than six passengers or cargo on water for rent, lease, or hire.

NEW SECTION. Sec. 3. A person shall not offer to rent, lease, or hire a charter boat, and a person shall not carry more than six passengers on a vessel for a fee or other consideration on the inland navigable waters of the state unless each of the following conditions is satisfied:

(1) The department has inspected the vessel and has issued a certificate of inspection that is valid and current for the vessel or the vessel is covered by a valid and current United States coast guard certificate of inspection to carry more than six passengers.

(2) The operator of the vessel is licensed as an operator with a certificate issued by the United States coast guard or the department.

(3) The licensed operator of a charter boat possesses a valid and current license issued in his or her name which license shall be immediately displayed upon demand of any department officer.

(4) Vessels operating as charter boats as defined under section 2 of this act must have a valid current registration certificate available for inspection by the department. Vessels without a current registration certificate will be referred to the department of revenue.

NEW SECTION. Sec. 4. A person shall not advertise or arrange for the carrying of passengers on a charter boat for a fee or other consideration unless the charter boat has been issued a valid and current certificate of inspection provided for in section 3 of this act.

NEW SECTION. Sec. 5. The department shall inspect or arrange for the inspection of every charter boat operating on inland navigable waters and carrying more than six persons for a fee or other consideration, except those vessels carrying a valid and current certificate of inspection issued by the United States coast guard, once every twelve months while the vessel is at dockside and at least once every twenty-four months while the charter boat is in drydock to determine if the vessel and its equipment complies with the rules promulgated pursuant to section 10 of this act. In addition, the department may at any time inspect or provide for the inspection of any charter boat if the department has reasonable cause either to believe that a provision of this chapter has been violated or that an inspection is necessary to ensure the safety of life and property.

(1) If, after the inspection provided for in section 3 of this act and payment of the fees prescribed in section 8 of this act, it is found that the charter boat and its equipment complies with this chapter, the department shall issue to the owner of the charter boat a certificate of inspection to be furnished by the department. The certificate shall:

(a) Contain the maximum passenger, crew, and total person capacity of the charter boat;

(b) Be prominently displayed on the charter boat while the charter boat is operating upon the inland navigable waters of the state; and

(c) Expire three years from the date of issuance following the year in which the charter boat was inspected, except that the department may extend the expiration date if conditions exist which would prevent the inspection of the charter boat before the expiration of the certificate of inspection.

(2) The department shall determine the number of crew necessary for the safe operation of a charter boat.

(3) If it is determined by the department that a charter boat or its equipment does not comply with this chapter, or the rules promulgated pursuant to this chapter, or applicable federal law or regulations, a certificate of inspection shall not be issued and any current certificate of inspection may be revoked by the department.

NEW SECTION. Sec. 6. (1) The owner of a charter boat required to be inspected under this chapter shall file an application with the required fee for the charter boat inspection on a form furnished by the department. A person shall not file an application for charter boat inspection that contains false information. A person filing an application shall certify by the person's signature that the information furnished on the application is true and correct.

(2) The owner of a charter boat as provided for under section 2(7) of this act, which has not been drydocked or dockside inspected during the twenty-four month period prior to the effective date of this act, or has never been inspected shall pay to the department an inspection fee for drydock and dockside inspection.

(3) When the department inspects any charter boat as provided for under this section, at an interval other than required by this chapter, the inspection shall be conducted without an inspection fee. For a twelve-month dockside inspection and a twenty-four month drydock inspection required in the same year, the owner shall only pay the fee for the drydock inspection, as provided under subsection (5) of this section.

(4) The department may deduct from an inspection fee the actual costs associated with preparing for an inspection if the owner of the charter boat fails to keep an appointment, which has been mutually agreed upon between the owner or the applicant and the department, for an inspection or reinspection of the charter boat without first notifying the inspecting officer or the department marine safety division at least twenty-four hours prior to the scheduled appointment.

(5) All sums received from licenses, inspection fees, or other sources, herein shall be paid to the state treasurer and placed in a special fund designated as the charter boat safety fund. All funds received and paid into the fund shall be used for administrative, education, and enforcement costs. Moneys shall be paid out by the treasurer upon vouchers duly and regularly issued therefore and approved by the director of labor and industries or the director's designee that such sums are necessary to accomplish the intent of chapter 88.04 RCW. The treasurer shall keep an accurate record of payments into, or receipts of, said fund, and of all disbursements therefrom.

NEW SECTION. Sec. 7. (1) A person shall not operate a charter boat regulated under this chapter without first securing and maintaining liability insurance coverage.

(2) All charter boat operators shall provide the department, upon demand by the department, with proof of current liability insurance coverage.

Sec. 8. Section 2, chapter 74, Laws of 1979 and RCW 88.04.310 are each amended to read as follows:

((~~All vessels shall be inspected by the department in accordance with rules adopted under RCW 88.04.330.~~)) The owner or operator of every vessel inspected by the department shall pay the department a fee for each inspection ((~~as may be determined by the director under RCW 88.04.330~~)). The fee shall be established by rule and shall cover the full cost of the inspection program including travel, per diem, and administrative and legal support costs for the program.

Sec. 9. Section 3, chapter 74, Laws of 1979 and RCW 88.04.320 are each amended to read as follows:

(1) It is unlawful for any person to operate a vessel unless that person holds a valid license issued by the United States coast guard or the department to operate a vessel of that class.

(2) It is unlawful for any person to operate a vessel unless the vessel is operated in compliance with the rules of the department of labor and industries and has a current certificate of inspection posted.

(3) Any violation of the licensing and inspection provisions of this chapter is punishable pursuant to the penalties provided under section 14 of this act.

Sec. 10. Section 4, chapter 74, Laws of 1979 and RCW 88.04.330 are each amended to read as follows:

(1) The department shall adopt by rule, under chapter ((~~34.04~~)) 34.05 RCW:

(a) Procedures, standards, and fees for the licensing of operators of any vessel used as a charter boat, as defined under section 2 of this act, operating on inland navigable waters for rent, lease, or hire;

(b) Standards and fees for the inspection of vessels;

((~~(b)~~)) (c) Minimum safety and health standards for passengers and crew on board charter boats. These rules shall approximate, where appropriate, the rules adopted by the United States coast guard in 46 C.F.R., subchapter T, small passenger vessels under one hundred gross tons.

(d) The federal laws and rules relating to navigation as they are now or hereafter amended; and

((~~(c)~~)) (e) Any other rules needed for the efficient administration of the purposes of this chapter.

(2) Rules adopted by the department shall use United States coast guard standards and precedents and be consistent with United States coast guard practices whenever possible.

NEW SECTION. Sec. 11. (1) A person who has been denied a certificate of inspection or a license may petition the department for an evidentiary hearing.

(2) A person who owns a charter boat may petition the department for an evidentiary hearing regarding the determination of the maximum passengers, crew, or total capacity of the charter boat.

NEW SECTION. Sec. 12. (1) The department may enter into reciprocal agreements with other states concerning the operation and inspection of charter boats from those states that operate on the inland navigable waters of the state of Washington. Reciprocity shall be granted only if a state can establish to the satisfaction of the department that their laws and standards concerning charter boats meet or exceed the laws and rules of the state of Washington. A charter boat that operates on the inland navigable waters of this state under a reciprocal agreement pursuant to this section shall obtain an annual operating permit from the department for a fee for each year the charter boat does business on the waters of the state of Washington. The department shall deposit the fees from annual operating permits issued pursuant to this section in the charter boat safety fund.

(2) The department shall develop an education and enforcement program designed to eliminate the operation of charter boats, as defined under section 2 of this act, that have not been inspected and certified as required by this chapter, and to prepare printed materials to provide the public with information regarding the safety features and requirements necessary for the lawful operation of charter boats.

NEW SECTION. Sec. 13. The provisions of this chapter shall not apply to:

(1) A vessel that is a charter boat but is being used by the documented or registered owner of the charter boat exclusively for the owner's own noncommercial or personal pleasure purposes;

(2) A vessel owned by a person or corporate entity which is donated and used by a person or nonprofit organization to transport passengers for charitable or noncommercial purposes, regardless of whether consideration is directly or indirectly paid to the owner;

(3) A vessel that is rented, leased, or hired by an operator to transport passengers for noncommercial or personal pleasure purposes; or

(4) A vessel used exclusively for, or incidental to, an educational purpose.

NEW SECTION. Sec. 14. Unless specifically provided by statute this chapter and the rules adopted thereunder shall be implemented and enforced, including penalties, violations, citations, appeals, and other administrative procedures, pursuant to the Washington industrial safety and health act, chapter 49.17 RCW.

NEW SECTION. Sec. 15. This chapter may be known and cited as the charter boat safety act.

NEW SECTION. Sec. 16. Sections 1 through 7 and 11 through 15 of this act are each added to chapter 88.04 RCW.

NEW SECTION. Sec. 17. The sum of forty-eight thousand three hundred dollars, or as much thereof as may be necessary, is appropriated from the general fund for the biennium ending June 30, 1991, to provide funds for start-up costs on a one-time basis.

NEW SECTION. Sec. 18. Section 1, chapter 74, Laws of 1979 and RCW 88.04.300 are each repealed.