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Area Coordinator: John Van Dinter, N-LAW |
State Liaison: David Mote |
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Iowa Department of Natural Resources Coast Guard Auxiliary District: 8WR Coast Guard District: 8th
First Quarter Report, 2008:
Currently, two bills are technically viable and could still move forward. The future of SF 203 (PFDs for Kids) is looking slightly better than a week ago, but nothing solid has developed on whether it will move out of committee by the 28th. If it does not make that deadline, the bill will fail. SF49 (.08 Alcohol) has passed the committees, but no further action has been taken.
Right now, we are still in "wait and see" mode. We will know the fate of these bills by the end of the month.
To: General Assembly From: Richard A. Leopold, Director
Iowa Department of Natural Resources Re: Personal Flotation Devices for Children The proposed bill will improve the safety of children while boating. The bill requires children less than 13 years of age to wear a personal flotation device (PFD) on a moving vessel unless the child is in a fully enclosed area, below deck, or on a commercial excursion boat with a passenger capacity of twenty-five persons or more. Iowa is one of only two states that do not require children under a certain age to wear these life saving devices (and the other state is close to passing legislation). The U.S. Coast Guard requires PFDs on the Missouri and Mississippi Rivers, and the Army Corps of Engineers inland lakes. This requirement is critical to improve child safety, and brings Iowa in line with the rest of the states and with federal regulations. As of 20 March 2008, the PFD bill is still alive. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Fourth Quarter Report, 2007:
No boating-related legislative activity reported this quarter.
Third Quarter Report, 2007:
No boating-related legislative activity reported this quarter.
Second Quarter Report, 2007: Iowa Boating Legislative Changes Effective July 1, 2007: Owner of a personal watercraft (PWC) with a cutoff switch must keep it in working order. A person shall not operate a PWC equipped with a cutoff switch without first attaching the lanyard to the operator’s person. The lanyard must be attached when the PWC is running or in use. An accident involving property damage only is reportable when the damage exceeds $2,000. It is illegal to elude or attempt to elude a law enforcement officer in a vessel, after being given a visual and audible signal to stop. Iowa Boating Legislation which DID NOT pass this year: There were several important pieces of legislation which did not pass this year. They will be eligible for debate in 2008: Senate File 49 (SF-49) (In its original form) A bill for an act providing for a .08 blood alcohol limit for motorboat or sailboat operating while intoxicated offenses. (Formerly SF 18.) EXPLANATION: This bill lowers the current .10 blood alcohol limit for motorboat or sailboat operating while intoxicated offenses to .08 Senate File 203 (SF-203) A bill for an act requiring certain children to wear personal flotation devices while on board certain vessels operated on state waters and providing for a penalty and an effective date. Section 1. Section 462A.12, Code 2007, is amended by adding the following new subsection: NEW SUBSECTION. 14. A person shall not operate a vessel on the waters of this state under the jurisdiction of the commission unless every person on board the vessel who is under thirteen years of age is wearing a type I, II, III, or V personal flotation device, including "float coats" that meet this definition, that is approved by the United States coast guard, while the vessel is under way. This subsection does not apply when the person under thirteen years of age is in an enclosed cabin or below deck, or is a passenger on a commercial vessel with a passenger capacity of twenty five persons or more. Sec. 2. WARNING CITATIONS TWELVE MONTH PERIOD. During the twelve month period beginning on the effective date of this Act, peace officers shall issue only warning citations for violations of this Act. Sec. 3. EFFECTIVE DATE. This Act, being deemed of immediate importance, takes effect upon enactment. EXPLANATION: This bill adds a new provision to Code section 462A.12 concerning prohibited operations of certain vessels. The bill provides that a person shall not operate a vessel on the waters of this state under the jurisdiction of the natural resource commission unless every person on board who is under 13 years of age is wearing a type I, II, III, or V personal flotation device, including "float coats" that meet this definition, that is approved by the United States coast guard, while the vessel is under way. The new provision does not apply when the person under 13 years of age is in an enclosed cabin or below deck, or is a passenger on a commercial vessel with a passenger capacity of 25 persons or more. For a violation of this provision, there is a scheduled fine of $25, pursuant to Code section 805.8B, subsection 1, paragraph "c". However, the bill provides that during the 12 month period after enactment, violators of the bill shall receive only warning citations. The bill is effective upon enactment. Although separately they enjoyed broad support, both bills floundered due to a overburdened legislative schedule (SF-203 PFDs for Kids) and an unsupported amendment (SF-49 BAC .10 to .08). The House amendment to SF-49 was to include only boats with 10 hp or more, underway and on a plane. The Iowa DNR found this new bill, as amended, unacceptable and withdrew its support for the legislation. In the end, both bills were resurrected by the Senate in the form of one boating safety "super" bill, SF-49. The "PFD for Kids" bill was rolled into the BAC bill (with the unsupported amendment removed) and was passed 50-0 by the Senate as SF-49. However, when this legislation was sent back to the House in the final week of debate, it was not brought up for a vote in the House before the 2007 legislative period ended. We will be monitoring SF-49 again in 2008. Updated Tuesday July 01, 2008 | |
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