Senate File 203 - Introduced



                                     SENATE FILE       
                                     BY  COMMITTEE ON NATURAL RESOURCES
                                         AND ENVIRONMENT

                                     (SUCCESSOR TO SF 149)


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

                                      A BILL FOR

  1 An Act requiring certain children to wear personal flotation
  2    devices while on board certain vessels operated on state
  3    waters and providing for a penalty and an effective date.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 2220SV 82
  6 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 2220SV 82
  2  5 av:nh/je/5