WSC - Legislative Program

The Iowa Great Lakes community has received great water safety support from our local legislators - Senator David Johnson and Representative Jeff Smith.

However, it takes a majority of the Senate and a majority of the House to pass any legislation. We would appreciate your support to encourage other Iowa legislators to support these legislative initiatives. It does seem that other Iowa lakes do not have the same issues as the Iowa Great Lakes – particularly when comes to boat density and bars on the water.

The Water Safety Council and the lake protective associations appreciate your support of water safety and water quality issues.

A spending authorization snafu by the Iowa legislature over the last two years will prevent the Iowa Department of Natural Resources from providing the proper level of support to the Iowa Great Lakes this summer. What is at risk is the water safety protection provided by the Lake Patrol and the protection from Aquatic Invasive Species (AIS) provided by the DNR Fisheries Bureau.

For the last 70 years the DNR has hired summer college students as Water Patrol Officers to provide water safety and protection from Aquatic Invasive Species. These well qualified students are only employed for the summer and receive no fringes, therefore they do not represent a continuing cost to the state budget. As a result they represent a great bang for the public's buck.

Normally the DNR has 14 Water Patrol Officers assigned to the Iowa Great Lakes. Last summer the DNR also had three Fisheries Bureau interns on boat ramps to help educate boaters about the AIS concerns. Due to this budget snafu the IGL is only slated to receive four Water Patrol Officers and one Fisheries Bureau intern. A significant reduction that will become very apparent during our busy summer season.

If these temporary summer workers had to be paid from the state general fund it would be understandable why funding would be short with these tough economic times. However, these temporary summer Officers and interns are paid by a user fee. Boat Registration Fees are collected three years in advance, so there is $2,500,000 for this year - already collected in the DNR State Fish and Game Protection Fund - that by Iowa law 462A.52 must be spent on water safety or fighting Aquatic Invasive Species. These temporary summer workers - who cover the busy summer season - represent only 25 percent of the $2.5M sitting in the bank.

Of course, we will have the two DNR Conservation Officers (Gary Owen and Jeff Morrison) that are assigned to Dickinson County. However, these two officers are overwhelmed by the increasing number of boats along with the need for 24-hour Lake Patrol coverage for 7-days a week.

The temporary Water Patrol Officers and Fisheries interns are key to protecting our water safety and fighting Aquatic Invasive Species (AIS). The reduction to 5 summer workers from the 17 we have had in recent years represents a 70 percent staff reduction. This will result in a major negative impact to water safety and protecting our valuable Natural Resources, if these Water Patrol Officers and Fisheries interns are not hired this spring.

The legislators who represent the Iowa Great Lakes (Senator David Johnson & Representative Jeff Smith) are well aware of this looming problem and are doing what they can to resolve the issue. Senator Johnson has included an amendment to the Senate AG/DNR Appropriations bill SF509 that has already passed the Senate. The Iowa House has also passed SF509 that includes the critical wording that will allow the DNR to begin hiring the full compliment of summer officers. We have contacted Governor Branstad to ask for his support.

Governor Terry Branstad has signed into law a measure setting the same blood-alcohol limits for boaters who consume alcohol as those for motorists on the state's highways.

Under the measure signed by Branstad, a blood-alcohol level of .08 percent could bring a conviction, down from the 0.10 of a percent that was previously allowed. The legislature lowered the blood-alcohol level for motorists several years ago, and took the same step for boaters this year.

The requirement will apply to both power boats and sailboats, and on rivers, streams and lakes in the state.

The new .08 Blood Alcohol level goes into effect July 1, 2011.

In August 2010 the DNR Natural Resource Commission adopted a near shore boat speed rule for Dickinson County. The boat speed within 300-feet of shore for the rest of Iowa is 10 MPH. Due to concerns for swimmer safety, water clarity, and shoreline erosion the NRC changed the Dickinson County boat speed within 300-feet of shore to 5 MPH. The rule change was supported was by the Okoboji Protective Association, East Okoboji Lakes Improvement Corporation, Spirit Lake Protective Association, and the Dickinson County Board of Supervisors.

During the 2005 session the Iowa Legislature amended Iowa Code section 462A.52 to increase boat registration fees. As part of this amended law the legislature wanted to be sure that the new fees would be spent on water safety and fighting invasive species upon the inland waters of this state.

The legislature also wanted to be sure the funds that had been expended for fighting invasive species and water safety prior to July 1, 2005 were not reduced. The legislation required the Department of Natural Resources to present a report to the legislature on how the money was spent with the first report due December 31, 2007. The DNR reports are provided below along with the Water Safety Councils analysis of the first report.

For the last three years, the Iowa House has failed to bring the impaired boater legislation to the floor for a vote. The purpose of this legislation is to change the present .10 alcohol level to .08 for impaired boaters. The .08 level is the alcohol level used for cars in most states and is the impaired boater level in forty states. All of the states surrounding Iowa - except Missouri – have adopted the .08 impaired boater level.

Each year the Iowa Senate has given .08 near unanimous approval. In a January 21^st Des Moines Register article the House majority leader Kevin McCarthy was quoted as stating "My prediction is we'll have a .08 law for boating passed by the end of the year,"

The tactic used in 2007 and 2009 by Representative Kevin McCarthy and Rick Olson was to add ridiculous amendments to the legislation, so the safe boating community would find the legislation a step backward and would not press for passage. In 2008 House Majority leader Kevin McCarthy refused to bring the Senate approved legislation to the House floor for a up or down vote.

The Water Safety Council made the decision in the fall of 2007 to ask the legislature for only one change in Iowa's boating safety laws for 2008. That was to decrease the presumptive blood alcohol level of an impaired boater from .10 to .08 - the same as for automobile drivers. 40 states have adopted .08 as the impaired alcohol level for impaired boaters. All of the sates around Iowa, except Missouri, have adopted .08 as their impaired boater standard.

In the 2007 legislative session the Senate passed SF49 unanimously. Also in 2007 the House Natural Resources Committee approved .08 by a 19 to 6 vote. In the final two weeks of the 2007 session the House passed SF49, but also attached a killer amendment (see 2007 results below)

At the beginning of the 2008 session the Water Safety Council asked the Democratic House Leadership to bring SF49 to the House floor for a vote. Extensive follow-up was made in throughout January, February, and March. In late March the Des Moines Register wrote an article, editorial, and published a cartoon on the need for Iowa to adopt the .08 impaired boater standard.

Tighter Drunk Boating Law Still on Legislature's Radar - DMR - March 23, 2008 CLICK HERE

Editorial - Take Action To Prevent Drunken Boating - DMR March 24, 2008 CLICK HERE

Cartoon - 2 Drunk 2 Drive A Car - DMR Front Page - March 25, 2008 CLICK HERE

Kevin McCarthy - House Majority Leader - did not allow SF49 to come to the House floor for a vote.

The Personal Flotation Devices for Kids legislation - passed the House and Senate in the spring of 2008 and was signed by the Governor. It went into effect May 10, 2008.

Based on the August 12,2005 tragic boat accident on West Lake Okoboji - and a general concern for water safety - the Water Safety Council has made five legislative proposals to the 2007 Iowa Legislature:

1. Decrease boat speed within 300 feet of shore from 10 to 5 MPH. HF73 - did not pass the House Natural Resources Committee by the March 9th funnel date - dead for this session.

2. Create the crime of eluding a Lake Patrol officer. SF78 that includes the crime of eluding has been signed by the Governor. It becomes effective July 1, 2007.

3. Require a boat to maintain a distance of 100 feet from another boat, unless both boats are traveling at less than 5 MPH. HF178 - did not pass the House Natural Resources Committee by the March 9th funnel date - dead for this session.

4. Decrease the presumptive level of alcohol concentration while boating from .10 to .08 – the same as automobiles. On January 31st SF49 passed the Senate on a unanimous vote. On February 14th HF143 was voted out of the House Natural Resources Committee by a 19 to 6 vote. On April 18th the House passed SF-49 with an amendment that adds the boat must be planning or have a small motor. This amendment was designed to kill the bill. On April 23rd the Senate stripped the killer amendment and added the PFD for Kids amendment. The Democratic leadership of the House failed to bring SF49 to the House floor for a vote.

5. Require a person less than 13 years of age to wear a life jacket while on a boat when boat is under way. On February 28th SF203 passed the Senate on a unanimous vote. On April 4th SF209 passed the House Natural Resources Committee by a vote of 15 to 6. It appears this legislation will not be brought to the House floor for debate and a vote this year.

Results of 2005 Water Safety Legislation

Legislation impacting water safety and quality has passed by the 2005 legislature and was signed by the Governor. A big THANK YOU to Representative Mike May and Senator David Johnson for their support.

HF828 provided a modest increase boat registration fees, enabling about $962,000 in additional statewide revenues to be directed to boating safety and fighting Invasive Species.

With the fee increase the boat registration fee for a 16 – 26 foot boat (the most common) would be $6 per year. Boat registration fees would be paid in three-year intervals, reducing the number of checks a boater would write. For the first time, boats 40 feet and longer in length would pay a higher fee. Iowa boat registration fees had not been increased since 1984.

The 2003 Iowa legislature enacted a law to requiring PWC operators age 12-17 to pass a boating safety test. As a result, the number of PWC accidents was reduced. The 2005 legislation extends the same certification standard to operators age 12 - 17 for boats with more than 10 HP, unless accompanied by a responsible person 18 years of age or older.

All of Iowa's surrounding states require the same type of water safety certification, except South Dakota. For information on how to obtain water safety certificate see BOATING INFORMATION and scroll down to the section on water safety education.

3. Personal Safety & Protection of the Shoreline (SF185 Introduced by David Johnson)

Iowa's existing speed and distance regulations require that boats not exceed 10 MPH within 300 feet of shore. The new legislation would decrease boat speed to 5 MPH. To read the full text of Senate File SF185 click on this link Senate File 185 - was not adopted in the 2005 legislative session.

Iowa's existing speed and distance regulations require boats not exceed 5 MPH within 100 feet of another boat going less than 5 MPH and only 50 feet of another boat going faster than 5 MPH. The new legislation would change this complicated rule for boats not to exceed 5 MPH within 150 feet of another boat.

The justification for this reduction in boat speed is there needs to be a greater separation between speeding boats to avoid serious collisions. Just a few years ago the speed and distance between boats was less than 5 MPH within 250 feet of another boat.

To read the full text of Senate File SF185 click on this link Senate File 185 - was not adopted in the 2005 legislative session.

The Iowa legislators representing the Iowa Great Lakes provide great support for water safety and water quality issues:

State Representative Jeff Smith of Okoboji -- Email jeff.smith@legis.state.ia.us telephone 515/ 281-3221

Additional support from other legislators across Iowa is very helpful - particularly those in leadership positions. You can find your legislator by using the Iowa legislature website www.legis.state.ia.us or by calling 515/ 281-5129.

Information about the Iowa legislation can be found at this website Iowa Legislature

If you have difficulty finding your Iowa legislator, contact the Water Safety Council at watersafety@longlines.com or by mail at PO Box 232, Spirit Lake 51360. Please provide your name and address with zip code, so we can determine the correct Senator and Representative.

In March 2004 the WSC filed comments with the Department of Natural Resources supporting a proposed change to provide better procedures for measuring Motorboat Noise. This change was adopted by the DNR starting beginning with the 2004 boating season.

For specific boat noise rules see Code of Iowa 462A.11 Muffling Devices and the

The exhaust of every internal combustion engine used on any motorboat shall be effectively muffled by equipment so constructed and used as to muffle the total vessel noise in a reasonable manner in accordance with rules adopted by the commission. The use of cut-outs is prohibited, except for motorboats competing in a regatta or boat race approved as provided in section 462A.16 and for such motorboats while on trial run during a period from 8:00 a.m. to 6:00 p.m. not to exceed twenty-four hours immediately preceding such regatta or race.

chapter 43 - MOTORBOAT NOISE

571—43.1(462A) Definitions.

“A scale” means the physical scale marked “A” graduated in decibels on a sound level meter which meets the requirements of the American National Standards Institute, Incorporated, publicationS1.4 — 1983 General Purpose Sound Level Meters.

571—43.2(462A) Sound level limitation. No person shall operate or give permission for the operation of any motorboat in or upon the waters of this state under the jurisdiction of the natural resource commission, in such a manner as to exceed the following noise levels:

43.2(1) Stationary sound level test. For engines manufactured before January 1, 1993, a motorboat engine shall not exceed a noise level of 90dB(A) when subjected to a stationary sound level test as prescribed by SAE J2005. For engines manufactured on or after January 1, 1993, a motorboat engine shall not exceed a noise level of 88dB(A) when subjected to a stationary sound level test as prescribed by SAE J2005.

43.2(2) Shoreline sound level test. A motorboat engine shall not exceed a noise level of 75dB(A) when measured as specified in SAE J1970. Compliance with the requirement of this subrule is required in addition to, and shall not preclude the application of, subrule 43.2(1).

571—43.3(462A) Serviceability. All muffling devices used on motorboats shall be in good working order and in constant operation to prevent excessive or unusual noise.

This rule is intended to implement Iowa Code section 462A.11.

Each year the Iowa Senate has given .08 near unanimous approval. In a January 21st Des Moines Register article the House majority leader Kevin McCarthy was quoted as stating "My prediction is we'll have a .08 law for boating passed by the end of the year,"

Results of 2005 Water Safety Legislation

Lake Patrol Funding History

Each year the Iowa Senate has given .08 near unanimous approval. In a January 21^st Des Moines Register article the House majority leader Kevin McCarthy was quoted as stating "My prediction is we'll have a .08 law for boating passed by the end of the year,"