CERTIFICATION OF ENROLLMENT

 

                   ENGROSSED HOUSE BILL 1014

 

 

                   Chapter 310, Laws of 1999

 

 

                        56th Legislature

                      1999 Regular Session

 

 

PERSONAL FLOTATION DEVICES--CHILDREN

 

 

 

                    EFFECTIVE DATE:  7/25/99

Passed by the House April 25, 1999

  Yeas 61   Nays 35

 

 

             CLYDE BALLARD

Speaker of the House of Representatives

     

 

 

              FRANK CHOPP

Speaker of the House of Representatives

 

 

 

Passed by the Senate April 8, 1999

  Yeas 33   Nays 12

             CERTIFICATE

 

We, Dean R. Foster and Timothy A. Martin, Co-Chief Clerks of the House of Representatives of the State of Washington, do hereby certify that the attached is ENGROSSED HOUSE BILL 1014  as passed by the House of Representatives and the Senate on the dates hereon set forth.

 

 

 

           DEAN R. FOSTER

                          Chief Clerk

 

 

          TIMOTHY A. MARTIN

                          Chief Clerk

               BRAD OWEN

President of the Senate

 

 

 

Approved May 14, 1999 Place Style On Codes above, and Style Off Codes below.          

                                FILED                

 

             May 14, 1999 - 6:20 p.m.

 

              GARY LOCKE

Governor of the State of Washington

                 Secretary of State

                 State of Washington


          _______________________________________________

 

                     ENGROSSED HOUSE BILL 1014

          _______________________________________________

 

                     AS AMENDED BY THE SENATE

 

             Passed Legislature - 1999 Regular Session

 

State of Washington      56th Legislature     1999 Regular Session

 

By Representatives Carlson, Regala, Ogden, Pennington, Hatfield, Hurst, Stensen, Buck, Romero, Kastama, Scott, McIntire, Keiser, Cooper, Ballasiotes, Schual‑Berke, Murray, Cody, Veloria, Rockefeller and Lantz

 

Read first time 01/11/1999.  Referred to Committee on Natural Resources.

Requiring children age twelve and under to wear a personal flotation device while on a vessel on the waters of the state.   


    AN ACT Relating to personal flotation devices; amending RCW 88.12.115; and prescribing penalties.

 

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

 

    Sec. 1.  RCW 88.12.115 and 1993 c 244 s 14 are each amended to read as follows:

    (1) No person may operate or permit the operation of a vessel on the waters of the state without a personal flotation device on board for each person on the vessel.  Each personal flotation device shall be in serviceable condition, of an appropriate size, and readily accessible.

    (2) Except as provided in RCW 88.12.015, a violation of subsection (1) of this section is an infraction under chapter 7.84 RCW if the vessel is not carrying passengers for hire.

    (3) A violation of subsection (1) of this section is a misdemeanor punishable under RCW 9.92.030, if the vessel is carrying passengers for hire.

    (4) No person shall operate a vessel under nineteen feet in length on the waters of this state with a child twelve years old and under, unless the child is wearing a personal flotation device that meets or exceeds the United States coast guard approval standards of the appropriate size, while the vessel is underway.  For the purposes of this section, a personal flotation device is not considered readily accessible for children twelve years old and under unless the device is worn by the child while the vessel is underway.  The personal flotation device must be worn at all times by a child twelve years old and under whenever the vessel is underway and the child is on an open deck or open cockpit of the vessel.  The following circumstances are excepted:

    (a) While a child is below deck or in the cabin of a boat with an enclosed cabin;

    (b) While a child is on a United States coast guard inspected passenger-carrying vessel operating on the navigable waters of the United States; or

    (c) While on board a vessel at a time and place where no person would reasonably expect a danger of drowning to occur.

    (5) Except as provided in RCW 88.12.015, a violation of subsection (4) of this section is an infraction under chapter 7.84 RCW.  Enforcement of subsection (4) of this section by law enforcement officers may be accomplished as a primary action, and need not be accompanied by the suspected violation of some other offense.


    Passed the House April 25, 1999.

    Passed the Senate April 8, 1999.

Approved by the Governor May 14, 1999.

    Filed in Office of Secretary of State May 14, 1999.