HOUSE BILL REPORT

SSB 5265

As Amended by the House

BYSenate Committee on Transportation (originally sponsored by Senators Rasmussen and Metcalf)

Regulating certain charter boats on state water.

House Committe on Natural Resources & Parks

Majority Report:  Do pass with amendments.  (11)

      Signed by Representatives Belcher, Chair;K. Wilson, Vice Chair; Beck, Ranking Republican Member; Brumsickle, Dellwo, Ferguson,R. Fisher, Fuhrman, Hargrove, Raiter and Sayan.

House Staff:Jean Kelley McElroy (786- 7196)

Rereferred House Committee on Appropriations

Majority Report:  Do pass as amended by Committee on Natural Resources & Parks as such amendments are amended by the Committee on Appropriations.  (28)

      Signed by Representatives Locke, Chair; Grant, Vice Chair; H. Sommers, Vice Chair; Silver, Ranking Republican Member; Youngsman, Assistant Ranking Republican Member; Appelwick, Belcher, Bowman, Braddock, Brekke, Bristow, Brough, Dorn, Ebersole, Ferguson, Hine, May, McLean, Nealey, Padden, Peery, Rust, Sayan, Spanel, Sprenkle, Valle, Wang and Wineberry.

House Staff:      Dave Knutson (786-7136)

AS PASSED HOUSE APRIL 10, 1989

BACKGROUND:

Vessels which are rented, leased, or hired, and which are used or capable of being used to transport more than six passengers, are operated on many of the waters of this state.  The operators of such vessels are currently required to have a valid license issued by the United States Coast Guard for operation of that class of vessel.

Under current law, the Coast Guard is responsible for the inspection and licensing of such vessels when they are operated on federally-owned waters or on lakes which are connected to federally-owned waters.  From 1979 to 1986, the Coast Guard also licensed the operators of such vessels which were operated on state-owned inland waters.  In 1986, the Coast Guard began refusing to license operators for inland waters, since that was outside their jurisdiction.

The Department of Labor and Industries is responsible for inspecting and licensing such vessels for operation on inland waters.  The Department currently does not have any authority to license the operators of such vessels. Due to the Department's lack of licensing authority and the Coast Guard's refusal to license these operators, many operators are operating vessels on inland waters in violation of existing law.

It is estimated that this law would affect about 150 vessels owned by about 50 to 60 companies statewide.

SUMMARY:

The authority of the Department of Labor and Industries is expanded to include licensing of charter boat operators as well as inspecting charter boats.  A charter boat is defined as a motorized vessel or barge operating on inland navigable waters of the state which is not inspected or licensed by the United States Coast Guard and over which the United States Coast Guard does not exercise jurisdiction and which is rented, leased, or chartered to carry more than six persons or cargo.

The operation of a charter boat on inland navigable waters is prohibited unless: (1) the department or the Coast Guard has inspected the vessel within the previous 12 months and issued a certificate of inspection; (2) the operator of the vessel is licensed by the department or the Coast Guard; (3) the vessel is registered; and (4) the vessel is covered by liability insurance.

The department must inspect charter boats once every 12 months with the vessel in the water and once every 24 months with the vessel in drydock.  All money received from licenses, permits, inspection fees, or penalties imposed for violations will be deposited in the industrial insurance trust funds and will be used for administration, education, and enforcement costs associated with this chapter, and for repayment to the state general fund by June 30, 1991, of the amount appropriated to start up this program.  Enforcement, appeals, and other administrative procedures will be handled pursuant to the Washington industrial safety and health act, chapter 49.17 RCW.

The department may enter into reciprocal agreements with other states concerning the operation in Washington of charter boats from those states. The department shall also develop an education and enforcement program designed to eliminate the operation of charter boats that have not been inspected and certified, and to inform the public of the requirements for charter boat operation.

The following vessels are exempted from the provisions of this act: (1) vessels used only for the owner's personal pleasure; (2) vessels which are donated to and used by a non-profit organization to transport passengers for charitable or non-commercial purposes; (3) rental boats which are rented without an operator (you- drive rentals); and (4) vessels used for educational purposes.

A one-time appropriation from the general fund of $48,300 is made to pay for start-up costs.

Appropriation:    $48,300 to the Department of Labor and Industries.

Revenue:    The bill has a revenue impact.

Fiscal Note:      Available.

House Committee ‑ Testified For:    (Natural Resources & Parks) Capt. Richard Hill and Capt. Gerald Sands, Northwest Certified Charter Boat Association; Jack Raines, Lake Chelan Boat Co.; Peter Schmidt, Department of Labor and Industries.

(Appropriations) None Presented.

House Committee - Testified Against:      (Natural Resources & Parks) None Presented.

(Appropriations)  None Presented.

House Committee - Testimony For:    (Natural Resources & Parks) Because charter boat operators are currently required to be licensed by the Coast Guard but the Coast Guard refuses to license them, the operators are operating illegally.  This bill is necessary not only to correct this situation but also to ensure that charter boat operators take adequate steps to provide for the safety of their passengers and crew.

(Appropriations) None Presented.

House Committee - Testimony Against:      (Natural Resources & Parks) None Presented.

(Appropriations) None Presented.