AN ACT Relating to river recreational activities; amending RCW 91.14.010, 91.14.090, and 91.14.110; adding a new section to chapter 91.14 RCW; and prescribing penalties.

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

Sec. 1. Section 2, chapter 217, Laws of 1986 and RCW 91.14.010 are each amended to read as follows:

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

(1) "Watercraft" means every type of watercraft carrying passengers for hire used as a means of transportation on a river, including but not limited to power boats, drift boats, open canoes, inflatable crafts, decked canoes, and kayaks.

(2) "Carrying passengers for hire" means carrying passengers by watercraft for valuable consideration, whether given directly or indirectly or received by the owner, agent, operator, or other person having an interest in the watercraft. This shall not affect 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. Individuals licensed under chapter 77.32 RCW and acting as ((a)) fishing guides are exempt from this chapter if all participants have current fishing licenses and necessary permits.

(3) "Operate" means to navigate or otherwise use a watercraft.

(4) "Operator" means any person operating the watercraft or performing the duties of a pilot or guide for one or more watercraft in a group.

(5) "Passenger" means every person on board a watercraft who is not an operator.

(6) "Rivers of the state" means those rivers and streams, or parts thereof, within the boundaries of this state.

Sec. 2. Section 11, chapter 217, Laws of 1986 and RCW 91.14.090 are each amended to read as follows:

(1) Any person carrying passengers for hire on whitewater river sections in this state ((~~may~~)) shall register with the department of licensing. Each registration application shall be submitted annually on a form provided by the department of licensing and shall include the following information:

(a) The name, residence address, and residence telephone number, and the business name, address, and telephone number of the registrant;

(b) Proof that the registrant has liability insurance for a minimum of ((~~three hundred thousand~~)) one million dollars per claim for occurrences by the registrant and the registrant's employees that result in bodily injury or property damage; ((~~and~~))

(c) Certification that the registrant will maintain the insurance for a period of not less than one year from the date of registration;

(d) Certification that the policy names the state and its political subdivisions as insureds; and

(e) Certification by the registrant that for a period of not less than twenty-four months immediately preceding the registration the registrant:

(i) Has not had a license, permit, or certificate to carry passengers for hire on a river revoked by another state or by an agency of the government of the United States for any reason related to safety or insurance coverage requirements; and

(ii) Has not been denied the right to apply for a license, permit, or certificate to carry passengers for hire on a river by another state.

(2) The department of licensing shall charge a fee for each application, to be set in accordance with RCW 43.24.086.

(3) Any person advertising or representing themselves as having registered under this section who is not currently registered is guilty of a gross misdemeanor.

(4) The department of licensing shall submit annually a list of registered persons and companies to the department of trade and economic development, tourism promotion division.

(5) If an insurance company cancels or refuses to renew insurance for a registrant during the period of registration, the insurance company shall notify the department of licensing in writing of the termination of coverage and its effective date not less than thirty days before the effective date of termination.

(a) Upon receipt of an insurance company termination notice, the department of licensing shall send written notice to the registrant that on the effective date of termination the department of licensing will suspend the registration unless proof of insurance as required by this section is filed with the department of licensing before the effective date of the termination.

(b) If an insurance company fails to give notice of coverage termination, this failure shall not have the effect of continuing the coverage.

(c) The department of licensing may suspend or revoke registration under this section if the registrant fails to maintain in full force and effect the insurance required by this section.

(6) The state of Washington shall be immune from any civil action arising from a registration under this section.

Sec. 3. Section 12, chapter 217, Laws of 1986 and RCW 91.14.110 are each amended to read as follows:

A person violating this chapter ((~~shall be subject to a civil penalty of up to one hundred fifty dollars per violation~~)) or who makes a false statement of material fact in connection with information submitted under RCW 91.14.090 is guilty of a gross misdemeanor punishable under chapter 9A.20 RCW.

NEW SECTION. Sec. 4. A new section is added to chapter 91.14 RCW to read as follows:

(1) The river rafting advisory committee is created in the department of licensing to advise the department regarding the administration of this chapter.

(2) The purpose of the committee is to assist and advise the department in the development of rules necessary to implement this chapter.

(3) The committee shall consist of:

(a) Six registered river outfitters and guides, appointed by the department, each of whom is a resident of an area of this state where river recreational activities occur, as defined by the department;

(b) Three representatives of the public, appointed by the department; and

(c) One representative of the department of natural resources, one representative of the department of wildlife, and one representative of the Washington state association of counties, each of whom shall be appointed by the director of the appropriate department or association.

(4) Terms of the members appointed under subsection (3) (a) and (b) of this section shall commence on July 1st of the year of appointment and shall be for two years or until a successor is appointed, except that appointments to fill vacancies shall be for the remainder of the unexpired term. Of the initial appointments to the committee, five members shall be appointed for terms of one year and four members shall be appointed for terms of two years.

(5) The committee may meet at times and places fixed by the committee. The committee shall meet not less than twice each year and additionally as required by the committee chairman or by majority vote of the committee. The chairman of the committee shall be chosen under rules adopted by the committee from those members appointed under subsection (3) (a) and (b) of this section.

(6) The department of licensing shall serve as recording secretary to the committee and shall be a nonvoting member.

(7) The committee shall adopt rules to govern its proceedings.