House File 63 - Introduced



                                       HOUSE FILE       
                                       BY  RAECKER


    Passed House, Date                Passed Senate,  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 1634HH 81
  5 dea/gg/14

PAG LIN



  1  1    Section 1.  Section 462A.12, subsection 11, Code 2005, is
  1  2 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 2005, is amended to read as
  1  9 follows:
  1 10    462A.15  WATER SKIS AND SURFBOARDS == WARNING FLAG.
  1 11    1.  No A person shall not operate a vessel on any waters of
  1 12 this state under the jurisdiction of the commission for towing
  1 13 a person or persons on water skis, surfboard, or similar
  1 14 device 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 shall display a red or orange flag measuring
  1 24 at least twelve by twelve inches whenever a person who has
  1 25 left the vessel is in the water.  The flag shall not be
  1 26 displayed when the person is being towed, but shall be
  1 27 displayed when the person enters or reenters the water.  The
  1 28 flag shall be visible for three hundred sixty degrees around
  1 29 the vessel when displayed.  This subsection does not apply to
  1 30 a vessel when it is moored or anchored.
  1 31    Sec. 3.  Section 805.8B, subsection 1, paragraph c, Code
  1 32 2005, is amended to read as follows:
  1 33    c.  For operating violations under sections 462A.12,
  1 34 462A.15, subsection 1, sections 462A.24, and 462A.34, the
  1 35 scheduled fine is twenty=five dollars.  However, a violation
  2  1 of section 462A.12, subsection 2, is not a scheduled
  2  2 violation.
  2  3                           EXPLANATION
  2  4    This bill requires that a person operating a vessel on
  2  5 public waters must display a red or orange flag when a person
  2  6 has left the boat and is in the water.  The flag shall not be
  2  7 displayed when the person is being towed, but must be
  2  8 displayed when the person reenters the water.  The flag must
  2  9 be at least 12 inches by 12 inches and visible for 360 degrees
  2 10 around the vessel.  The requirement does not apply to a vessel
  2 11 that is moored or anchored or to a personal watercraft.
  2 12    The bill provides that a person operating a vessel shall
  2 13 not bring the vessel within 50 feet of a flag displayed to
  2 14 signal that a person is in the water.
  2 15    A violation of the provisions in the bill is punishable as
  2 16 a scheduled violation subject to a $25 fine.
  2 17 LSB 1634HH 81
  2 18 dea/gg/14