HB3020 H JUD AM 3-22 #1
The Committee on the Judiciary moves to amend the bill on page
one, following the title, by striking out the remainder of the bill
and inserting in lieu thereof the following language:
"PREAMBLE
THIS LEGISLATION SHALL BE KNOWN AS
THE "MICHAEL CUNNINGHAM ACT.
"
WHEREAS,
WEST VIRGINIA IS KNOWN FOR ITS BEAUTIFUL AND ABUNDANT
WATERWAYS, LAKES AND RIVERS, WHICH PROVIDE A DRAW FOR TOURISM AND A
BOOST FOR OUR ECONOMY; AND
WHEREAS OUR WATERWAYS, LAKES AND RIVERS SHOULD BE A SAFE PLACE FOR
CHILDREN AND FAMILIES TO ENJOY; AND
WHEREAS, THERE HAVE BEEN CASES RECENTLY WHERE CHILDREN HAVE DIED
BECAUSE THE WATER WHERE THEY WERE SWIMMING WAS ELECTRIFIED BY THE
UNGROUNDED AND IMPROPER CONNECTION OF ELECTRICITY TO BOAT DOCKS AND
MARINAS; AND
WHEREAS, ELECTRICITY AND WATER CREATE A DEADLY COMBINATION THAT CAN
PARALYZE A SWIMMER WHICH CAN RESULT IN THE SWIMMER DROWNING; AND
WHEREAS, CHILDREN WHO ARE SWIMMING ARE PARTICULARLY VULNERABLE TO
ELECTROCUTION AND SHOCK IN THE WATER; AND
WHEREAS, BRINGING BOAT DOCKS AND MARINAS UP TO THE NATIONAL FIRE
PROTECTION ASSOCIATION AND NATIONAL ELECTRIC CODE STANDARDS FOR
MARINAS AND BOATYARDS IS NECESSARY FOR THE PROTECTION AND SAFETY OF
ALL OF THOSE WHO ENJOY OUR WATERWAYS, LAKES AND RIVERS FOR
RECREATION AND TO PROTECT OUR TOURISM INDUSTRY.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be
amended by adding thereto six new sections, designated § 20-7-
24, §20-7-25, §20-7-26 and §20-7-27, §20-7-28 and §20-7-29,
all to read as follows:
CHAPTER 20. NATURAL RESOURCES.
ARTICLE 7. LAW ENFORCEMENT, MOTORBOATING, BOAT DOCK AND
MARINA SAFETY.
PART III. BOAT, BOAT DOCK AND MARINA SAFETY REQUIREMENTS
§20-7-24.
Definitions.
_____(1) "Vessel" means every description of watercraft, other
than a seaplane on the water, used or capable of being used as a means of transportation on the water;
_____(2) "Motorboat" means any vessel propelled by an
electrical, steam, gas, diesel or other propelled or driven
motor, whether or not the motor is the principal source of
propulsion, but does not include a vessel with a valid marine
document issued by the United States Bureau of Customs or any
federal agency that is the successor to the Bureau of Customs;
_____(3) "Owner" means a person, other than a lienholder,
having the property in or title to a motorboat. The term
includes a person entitled to the use or possession of a
motorboat subject to an interest in another person, reserved
or created by agreement and securing payment or performance of
an obligation, but the term excludes a lessee under a lease
not intended as security;
_____(4) "Person" means an individual, partnership, firm,
corporation, association, or other entity;
_____(5) "Operate" means to navigate or otherwise use a
vessel;
_____(6) "Marina" means a dock, including a boat dock, or
basin providing moorings for motorboats and offering supply,
repair, or other services, including electrical power supply,
for remuneration;
_____(7) "Boat dock" means a man-made structure that protrudes
into a body of water for the purpose of mooring a boat or for
other water-related recreation, including boat liveries, and
that is connected to an electrical power source in any manner;
_____(8) "Boat dock or marina owner or operator" means any
person who:
_____(A) Has an ownership interest in a boat dock or marina,
other than a lienholder; or
_____(B) Operates a boat dock or marina.
_____(10) "Ground fault circuit interrupter" means a device
that functions to de-energize a circuit, or a portion thereof,
within an established period of time when current to ground
exceeds a predetermined value that is less than required to
operate the over current protective device of the supply
circuit.
_____(9) "ABYC" means the American Boat and Yacht Council.
§20-7-25. Boat dock and marina safety requirements-____
swimming and signage.
_______________________(a) All boat dock or marina owners or operators shall
install permanent safety signage with print legible at eighty
(80) feet of distance and placed to give adequate notice to
persons using the boat dock or marina or swimming near the
boat dock or marina of the electric shock hazard risks of the
waters around the boat dock or marina. The signage shall
state: "ELECTRIC SHOCK HAZARD RISK: NO SWIMMING WITHIN 100
YARDS OF THE BOAT DOCK."
§20-7-26.
Boat dock and marina safety requirements-electrical
shock and electrocution.
_____(a) All boat dock or marina owners or operators shall comply with the following requirements to prevent electrical
shock, electrocution, or injury to users of their facilities
and the surrounding areas:
_____(1) All electrical wiring shall be installed by and
maintained by a holder of a valid West Virginia electrician
license or master electrician license in accordance with the
most recently adopted versions of the National Fire Protection
Association's Standards for Marinas and Boatyards (NFPA) 303
and the National Electric Code (NFPA 70);
_____(2) Install ground fault circuit interrupters on all
boat dock and marina electrical wiring circuits;
_____(3) Cause annual inspection by a West Virginia certified
electrical inspector or master electrician of all sources of
electrical supply, including ship-to-shore power pedestals,
submergible pumps, and sewage pump-out facilities, that could
result in unsafe electrical current in the water.
_____(c) All work performed on rental motor boats or vessels
shall be performed by electricians licensed in West Virginia
who are familiar with ABYC standards or by an ABYC certified
electrical technician.
§20-7-27.
Boat and vessel safety requirements-electrical shock
and electrocution.
_____(a) Every vessel shall have aboard all equipment meeting
the ABYC standards necessary to ensure the safety of the
passengers and the public from electric shock, electrocution,
and electric shock drowning.
_____(b) Electrical wiring on a motorboat shall be performed
by electricians licensed in West Virginia who are familiar
with ABYC standards or by an ABYC certified electrical
technician.
§20-7-28.
Compliance date.
_____By August 1, 2014, each boat dock and marina shall be in
full compliance with this section.
§20-7-29.
Penalties.
_____(a) On or after August 1, 2014, a boat dock or marina
owner or operator, or a boat operator who violates this
article and the violation does not result in the injury or
death of a person, shall, for the first offense, be issued a
warning citation with no court appearance or penalty, and for
a second or subsequent offense, be fined one hundred dollars
($100);
_____(b) A boat dock or marina owner or operator who violates
section twenty-five or twenty-six of this article, and the
violation results in the injury of a person, shall be guilty
of a misdemeanor and, upon conviction, shall be fined not more
than five hundred dollars, and for a second offense or
subsequent offense shall be fined not more than $1,000 or
confined in jail for not more than six months or both fined
and imprisoned.
_____(c) A boat dock or marina owner who violates section
twenty-five or twenty-six of this article, and the violation
results in the death of a person, shall be guilty of a misdemeanor and upon conviction, shall be confined in jail for
not more than one year, or fined not more than one thousand
dollars, or both fined and imprisoned."