BILL REQ. #:  H-1008.1 

Read first time 01/31/2005.   Referred to Committee on Natural Resources, Ecology & Parks.

     AN ACT Relating to decriminalizing vessel registration violations; amending RCW 88.02.020, 88.02.090, and 88.02.110; and prescribing penalties.

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

Sec. 1   RCW 88.02.020 and 1985 c 267 s 1 are each amended to read as follows:
     Except as provided in this chapter, no person may own or operate any vessel on the waters of this state unless the vessel has been registered and displays a registration number and a valid decal in accordance with this chapter, except that a vessel which has or is required to have a valid marine document as a vessel of the United States is only required to display a valid decal. A violation of this section is a class 2 civil infraction.

Sec. 2   RCW 88.02.090 and 1983 c 7 s 21 are each amended to read as follows:
     Any person charged with the enforcement of this chapter may request for inspection the certificate of registration from any vessel owner or operator to ascertain the legal and registered ownership of such vessel. Failure to provide such certificate for inspection upon the request of any person charged with enforcement of this chapter ((constitutes)) is a ((violation of this chapter and subjects the person requested to produce such document to the penalties provided by RCW 88.02.110)) class 2 civil infraction.

Sec. 3   RCW 88.02.110 and 1993 c 244 s 4 are each amended to read as follows:
     (1) Except as otherwise provided in this chapter, a violation of this chapter and the rules adopted by the department pursuant to these statutes is a misdemeanor punishable only by a fine not to exceed one hundred dollars per vessel for the first violation. Subsequent violations in the same year are subject to the following fines:
     (a) For the second violation, a fine of two hundred dollars per vessel;
     (b) For the third and successive violations, a fine of four hundred dollars per vessel.
     (2) A violation designated in this chapter as a civil infraction shall be punished accordingly pursuant to chapter 7.80 RCW.
     (3) After subtraction of court costs and administrative collection fees, moneys collected under this section shall be credited to the current expense fund of the arresting jurisdiction.
     (((3))) (4) All law enforcement officers shall have the authority to enforce this chapter, and the rules adopted by the department pursuant to these statutes within their respective jurisdictions: PROVIDED, That a city, town, or county may contract with a fire protection district for such enforcement and fire protection districts are authorized to engage in such activities.