Senate File 2181
SENATE FILE
BY HOLVECK
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to the operation of a vessel while a person is in
2 the water and making a penalty applicable.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 5901XS 80
5 dea/gg/14
PAG LIN
1 1 Section 1. Section 462A.12, subsection 11, Code Supplement
1 2 2003, is amended to read as follows:
1 3 11. A person shall not operate a vessel within fifty feet
1 4 of a diver's flag placed in accordance with the rules of the
1 5 commission adopted under chapter 17A, or within fifty feet of
1 6 a flag displayed when a person is in the water pursuant to
1 7 section 462A.15, subsection 2.
1 8 Sec. 2. Section 462A.15, Code 2003, is amended to read as
1 9 follows:
1 10 462A.15 WATER SKIS AND SURFBOARDS == WARNING FLAG.
1 11 1. No person shall operate a vessel on any waters of this
1 12 state under the jurisdiction of the commission for towing a
1 13 person or persons on water skis, surfboard, or similar device
1 14 unless there is in such vessel a responsible person, in
1 15 addition to the operator, in a position to observe the
1 16 progress of the person or persons being towed.
1 17 2. This section subsection does not apply to a performer
1 18 engaged in a professional exhibition or a person or persons
1 19 engaged in a professional exhibition or a person or persons
1 20 engaged in an activity authorized under section 462A.16.
1 21 2. A person operating a vessel, other than a personal
1 22 watercraft, on any waters of this state under the jurisdiction
1 23 of the commission between sunrise and sunset shall display a
1 24 red or orange flag measuring at least twelve by twelve inches
1 25 whenever a person who has left the vessel is in the water.
1 26 The flag shall not be displayed when the person is being
1 27 towed, but shall be displayed when the person enters or
1 28 reenters the water. The flag shall be visible for three
1 29 hundred sixty degrees around the vessel when displayed. This
1 30 subsection does not apply to a vessel when it is moored or
1 31 anchored.
1 32 Sec. 3. Section 805.8B, subsection 1, paragraph c, Code
1 33 2003, is amended to read as follows:
1 34 c. For operating violations under sections 462A.12,
1 35 462A.15, subsection 1, sections 462A.24, and 462A.34, the
2 1 scheduled fine is twenty=five dollars. However, a violation
2 2 of section 462A.12, subsection 2, is not a scheduled
2 3 violation.
2 4 EXPLANATION
2 5 This bill requires that a person operating a vessel on
2 6 public waters between sunrise and sunset must display a red or
2 7 orange flag when a person has left the boat and is in the
2 8 water. The flag shall not be displayed when the person is
2 9 being towed, but must be displayed when they reenter the
2 10 water. The flag must be at least 12 inches by 12 inches and
2 11 visible for 360 degrees around the vessel. The requirement
2 12 does not apply to a vessel that is moored or anchored or to a
2 13 personal watercraft.
2 14 The bill provides that a person operating a vessel shall
2 15 not bring the vessel within 50 feet of a flag displayed to
2 16 signal that a person is in the water.
2 17 A violation of the provisions in the bill is punishable as
2 18 a scheduled violation subject to a $25 fine.
2 19 LSB 5901XS 80
2 20 dea/gg/14