House Bill 1707 - Personal Flotation Devices on Kayaks, Canoes, and Stand-Up Paddleboards

Summary

House Bill 1707, State of Washington 67th Legislature, 2022 Regular Session, by Representatives Ryu, Davis, Ramel and others, prefiled December 28, 2021 and referred to the Committee on Community & Economic Development. The act relates to requiring the wearing of personal flotation devices on kayaks, canoes, and stand-up paddleboards, and amends RCW 79A.60.160. Section 1 states legislative findings about drowning deaths in recreational boating. Section 2 adds a requirement that a person not operate or occupy a kayak, canoe, or stand-up paddleboard unless wearing a coast guard approved personal flotation device, with listed exceptions such as sanctioned competitions and members of a federally recognized tribe. Section 3 provides an effective date of July 1, 2022.

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Full text

     H-1895.1

                                HOUSE BILL 1707


     State of Washington       67th Legislature       2022 Regular Session

     By Representatives Ryu, Davis, Ramel, Senn, and Pollet

     Prefiled 12/28/21. Read first time 01/10/22.    Referred to Committee
     on Community & Economic Development.




1        AN ACT Relating to requiring the wearing of personal flotation
2    devices on kayaks, canoes, and stand-up paddleboards; amending RCW
3    79A.60.160; creating a new section; prescribing penalties; and
4    providing an effective date.


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


 6       NEW SECTION.   Sec. 1.   The legislature recognizes that drowning
 7   is the most common cause of death of individuals engaging in
 8   recreational boating activities, including the use of kayaks, canoes,
 9   and stand-up paddleboards. The legislature also recognizes that
10   although the wearing of a personal flotation device could prevent as
11   many as half of all boating-related drowning deaths, fewer than 20
12   percent of adults wear a personal flotation device when engaging in
13   recreational boating activities. The legislature finds that in
14   circumstances where individuals are required by law to wear, and not
15   just carry, personal flotation devices, there is a substantial
16   increase in the number of individuals who wear personal flotation
17   devices.
18       Therefore, it is the legislature's intent to reduce the number of
19   drowning deaths by requiring all individuals to wear personal
20   flotation devices when operating a kayak, canoe, or stand-up
21   paddleboard on the waters of the state.
                                     p. 1                           HB 1707
 1       Sec. 2.   RCW 79A.60.160 and 2000 c 11 s 98 are each amended to
 2   read as follows:
 3       (1) No person may operate or permit the operation of a vessel on
 4   the waters of the state without a personal flotation device on board
 5   for each person on the vessel. Each personal flotation device shall
 6   be in serviceable condition, of an appropriate size, and readily
 7   accessible.
 8       (2) Except as provided in RCW 79A.60.020, a violation of
 9   subsection (1) of this section is an infraction under chapter 7.84
10   RCW if the vessel is not carrying passengers for hire.
11       (3) A violation of subsection (1) of this section is a
12   misdemeanor punishable under RCW 9.92.030, if the vessel is carrying
13   passengers for hire.
14       (4) No person shall operate a vessel under ((nineteen)) 19 feet
15   in length on the waters of this state with a child ((twelve)) 12
16   years old and under, unless the child is wearing a personal flotation
17   device that meets or exceeds the United States coast guard approval
18   standards of the appropriate size, while the vessel is underway. For
19   the purposes of this section, a personal flotation device is not
20   considered readily accessible for children ((twelve)) 12 years old
21   and under unless the device is worn by the child while the vessel is
22   underway. The personal flotation device must be worn at all times by
23   a child ((twelve)) 12 years old and under whenever the vessel is
24   underway and the child is on an open deck or open cockpit of the
25   vessel. The following circumstances are excepted:
26       (a) While a child is below deck or in the cabin of a boat with an
27   enclosed cabin;
28       (b) While a child is on a United States coast guard inspected
29   passenger-carrying vessel operating on the navigable waters of the
30   United States; or
31       (c) While on board a vessel at a time and place where no person
32   would reasonably expect a danger of drowning to occur.
33       (5) Except as provided in RCW 79A.60.020, a violation of
34   subsection (4) of this section is an infraction under chapter 7.84
35   RCW. Enforcement of subsection (4) of this section by law enforcement
36   officers may be accomplished as a primary action, and need not be
37   accompanied by the suspected violation of some other offense.
38       (6)(a) Except as provided in (b) of this subsection, a person may
39   not operate or occupy a kayak, canoe, or stand-up paddleboard on the
40   waters of this state unless the person is wearing a personal
                                     p. 2                          HB 1707
 1   flotation device approved by the United States coast guard while the
 2   kayak, canoe, or stand-up paddleboard is underway.
 3       (b) The following persons are not required to wear a personal
 4   flotation device as required in (a) of this subsection:
 5       (i) A person operating or occupying a squirt boat that is
 6   designed solely for the activity of squirt boating;
 7       (ii) A person participating in yoga on a stand-up paddleboard
 8   while within a designated swimming area or within 100 feet of shore;
 9       (iii) A person on a stand-up paddleboard who is wearing a leash
10   that connects the paddleboard to the person and is in compliance with
11   the requirements for personal flotation devices on board and attached
12   to the vessel as provided in 33 C.F.R. Sec. 175.15;
13       (iv) A person operating or occupying a kayak, canoe, or stand-up
14   paddleboard as part of a sanctioned competition as recognized by a
15   national or international racing association;
16       (v) A person who is a member of a federally recognized tribe;
17       (vi) A person operating or occupying a kayak, canoe, or stand-up
18   paddleboard as part of an event organized by a federally recognized
19   tribe; or
20       (vii) A person operating or occupying a kayak, canoe, or stand-up
21   paddleboard while under the direct supervision of a coach or trainer.
22       (c) Except as provided in RCW 79A.60.020, a violation of this
23   subsection is an infraction under chapter 7.84 RCW. Enforcement of
24   this subsection by law enforcement officers may be accomplished as a
25   primary action and need not be accompanied by the suspected violation
26   of some other offense.
27       (d) If a person cited for a violation of this subsection appears
28   in person before the court and provides proof of federally recognized
29   tribal membership, the citation must be dismissed and the court may
30   assess court administrative costs of $25 at the time of dismissal. In
31   lieu of personal appearance, a person cited for a violation of this
32   subsection may, before the date scheduled for the person's appearance
33   before the court, submit by mail to the court proof of federally
34   recognized tribal membership, in which case the citation must be
35   dismissed without cost, except that the court may assess court
36   administrative costs of $25 at the time of dismissal. The following
37   documents are sufficient proof of federally recognized tribal
38   membership: A federally recognized tribal membership or citizenship
39   card; a certificate of federally recognized tribal enrollment; a
40   letter signed by a tribal official confirming the person's federally
                                     p. 3                          HB 1707
1   recognized tribal membership status; or other documents the court
2   deems sufficient.


3      NEW SECTION.   Sec. 3.   This act takes effect July 1, 2022.

                                  --- END ---




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