House File 299 - Introduced



                                  HOUSE FILE       
                                  BY  REICHERT, FREVERT, BAILEY,
                                      PALMER, PETTENGILL, H. MILLER,
                                      D. OLSON, GASKILL, WENDT,
                                      WHITEAD, T. TAYLOR, SCHUELLER,
                                      DAVITT, COHOON, WINCKLER,
                                      JOCHUM, FORD, BUKTA, HEDDENS,
                                      and MERTZ


    Passed House, Date               Passed Senate,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act requiring certain minor children to wear personal
  2    flotation devices while on board certain vessels operated on
  3    state waters and providing for a penalty and an effective
  4    date.
  5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  6 TLSB 2207YH 82
  7 av/je/5

PAG LIN



  1  1    Section 1.  Section 462A.12, Code 2007, is amended by
  1  2 adding the following new subsection:
  1  3    NEW SUBSECTION.  14.  A person shall not operate a vessel
  1  4 on the waters of this state under the jurisdiction of the
  1  5 commission unless every person on board the vessel who is
  1  6 under thirteen years of age is wearing a type I, II, III, or V
  1  7 personal flotation device, including "float coats" that meet
  1  8 this definition, that is approved by the United States coast
  1  9 guard, while the vessel is under way.  This subsection does
  1 10 not apply when the person under thirteen years of age is in an
  1 11 enclosed cabin or below deck, or is a passenger on a
  1 12 commercial vessel with a passenger capacity of twenty=five
  1 13 persons or more.
  1 14    Sec. 2.  WARNING CITATIONS == TWELVE=MONTH PERIOD.  During
  1 15 the twelve=month period beginning on the effective date of
  1 16 this Act, peace officers shall issue only warning citations
  1 17 for violations of this Act.
  1 18    Sec. 3.  EFFECTIVE DATE.  This Act, being deemed of
  1 19 immediate importance, takes effect upon enactment.
  1 20                           EXPLANATION
  1 21    This bill adds a new provision to Code section 462A.12
  1 22 concerning prohibited operations of certain vessels.  The bill
  1 23 provides that a person shall not operate a vessel on the
  1 24 waters of this state under the jurisdiction of the natural
  1 25 resource commission unless every person on board who is under
  1 26 13 years of age is wearing a type I, II, III, or V personal
  1 27 flotation device, including "float coats" that meet this
  1 28 definition, that is approved by the United States coast guard,
  1 29 while the vessel is under way.  The new provision does not
  1 30 apply when the person under 13 years of age is in an enclosed
  1 31 cabin or below deck, or is a passenger on a commercial vessel
  1 32 with a passenger capacity of 25 persons or more.
  1 33    For a violation of this provision, there is a scheduled
  1 34 fine of $25, pursuant to Code section 805.8B, subsection 1,
  1 35 paragraph "c".  However, the bill provides that during the 12=
  2  1 month period after enactment, violators of the bill shall
  2  2 receive only warning citations.
  2  3    The bill is effective upon enactment.
  2  4 LSB 2207YH 82
  2  5 av:nh/je/5