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A REPORT FROM THE RBAW LEGISLATIVE COMMITTEE

RBAW Activities for 2003/2004

Based on information from the advisory council, on which RBAW has representatives, Park Commissioners will be advising legislators on recommendations for Mandatory Boating Safety Education and Homeland Security legislation.

Many of the council's members also participate in WAMBE discussions. WAMBE is an informally expanded group of interested boaters that includes kayak and canoe organizations, as well as marine publication editors. A number of RBAW board members support our member's interests by participating in both the Council and WAMBE meetings.

RBAW instigated SB 5898, a Bill in which the Senate and the House required a study to be conducted by the Park Commissioners. Conclusions must be sent to state legislators by the end of 2003. This Education Bill was pushed by RBAW as a counter to proposals for boat operator licensing.

Proposed legislation for boating safety and Homeland Security will address motor driven vessels exclusively in the recommendations. Comments from the Homeland Security Departments on any extension of the recommendations will be as recommended by the Coast Guard. RBAW has representation at the Marine Law Enforcement Association Conference to be held in Kennewick at the end of September, and any news on H.S. or changes to safety recommendations will be reported on our Web Page rbaw.org.

Points for RBAW members to note.

RBAW has the following activities to pursue in Olympia:

Lobbying against Excise tax increases. The new RV tax at 0.8 percent under consideration threatens the annual .05 percent tax on boats. In 2003 RBAW fought off an attempt to raise boat excise tax to a full 1.0 percent of the appraised value. This is a real threat for 2004.

RBAW is working to restrict any changes to the BUI statutes. One sheriff is attempting to have automobile conditions applied to boats. The operating conditions for vehicles and boats are not identical, and the differences must be recognized, as they are in current statutes.

RBAW is working to increase the amount of fuel tax that is refunded. Currently nine cents per gallon of gasoline tax paid in boat fuel taxes goes to the highway budget. This is $2.7 million per annum that should be for boating related improvements.

RBAW is working to see how the Aquatic Lands Taxes can be controlled. These taxes are paid at 12.1 percent of the moorage fee when a boat is moored in a marina over which the state claims of land ownership. If the shoreline property is improved the increased value of the upland property as a whole increases the Aquatics Land Tax. This increases the boater's tax without any tangible benefit to the boater. You pay for the area of the bottom over which your boat floats.

Aquatic Nuisance Species laws have been introduced with penalties that are inappropriate. Whereas other states have fines for infractions, Washington State has passed statutes that make the first offense a misdemeanor, the second a gross misdemeanor, with a third offense as a Class C felony. These should all be infractions. Getting a criminal record, a fine and jail time for a piece of aquatic weed on a trailer is definitely not realistic.

RBAW is working to keep Marine Parks fees for moorage at an acceptable level. Our members were active with individual responses to proposed increases. Some of the fuel taxes could help here.

RBAW has interests in working with the county sheriffs departments to support funding increases. Law Enforcement safety patrols are either out of funding, or close to being so. With the huge amount money collected by the state in revenues from boaters and boating services, legislators must be told to re-prioritize their budgets.

More pollution from cars and car washing practices is evident in state waters, but only boats and boaters are restricted, even though the law applies to all sources. Fund raising car washing teams are never stopped, whereas boaters have been threatened with large fines if they wash their boats with cleaning detergents while the boat is in the water.

It would appear that DOE is politically influenced in its judgments. Marina occupants are from scattered legislative districts, and do not have a local impact on election issues. School kids raising money from a car wash fund-raiser have considerable legislative impact in one district if they are threatened. In most cases the oily detergent water goes to rivers, or the Sound. The oil and dirt on boats is from planes. If the boat wasn't there the oil would go into the water anyway.

We must continue to pursue fair treatment for boaters, especially since according to the Department of Health there is no boat-related pollution that affects our shorelines. (See DOH Shellfish Inventory for 2002).

Fish and Wildlife agents have been reported by some boaters as acting with unnecessary aggression, and in some cases the reports from boaters suggest they are not acting professionally. Communications with F & WL personnel are maintained to keep some balance in the relationships, but if you have a complaint let us know.

A close relationship with the FCC and radio regulations for boaters is maintained. The data is published on the RBAW Website, and an annual budget is allocated to support the printing costs of the FCC leaflet.

The Department of Licensing has a legislated requirement to review the amount of road gasoline fuel tax that shall be refunded to boaters and the IAC for boating programs. RBAW monitors this to counter the House Transportation committee claims for a reduction for boaters and an increase for roads. In this 2003/04 biennium it is estimated that $ 5.4 million will go to roads from boating fuel taxes.

RBAW has an active participation with the National Boating Federation. Our 1st V.P David Kutz is a board member of the NBF, which is the D.C lobby for boaters. NASBLA and federal legislation that affects boaters are monitored through the NBF lobbyists.

Bernard Murray
RBAW Legislative Committee Chairman


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