weight; or

ROBERT L. EHRLICH, JR., Governor                             Ch. 458

(i) Is under the age of 7 years, regardless of the individual's

(ii) Weighs 50 pounds or less, regardless of the individual's age.

(3)     "Personal flotation device" means a Type I, II, III, or V U.S. Coast
Guard approved personal flotation device that is:

(i) The proper size for the child; and

(ii) In good and serviceable condition.

(4)     (i) "Vessel" means:

1. A vessel used for recreational purposes; or

2. A vessel leased, rented, or chartered for noncommercial
use.

(ii) "Vessel" does not include a vessel carrying passengers for hire
under the command of an individual licensed by the U.S. Coast Guard to carry
passengers for hire, or a vessel displaying a valid seafood harvester's license number
while engaged in the harvesting of seafood for sale.

(b)     (1) A person may not operate or permit the operation of a vessel under 21
feet in length while there is present in the vessel a child not wearing a personal
flotation device which is securely and properly attached to the child.

(2) If the child is under the age of 4 years, the personal flotation device
[may] SHALL feature additional safety precautions, as appropriate for an infant,
toddler, or young child, so as to:

(i) Hold the child securely within the personal floatation device,
including a strap that is secured between the child's legs to fasten together the front
and back of the personal floatation device;

(ii) Maintain the buoyancy of the child, including an inflatable
headrest or high collar; or

(iii) Ensure the ready accessibility of the child from the vessel.
including a web handle.

(c)      Subsection (b) does not apply to:

(1)     A vessel that is moored or anchored; or

(2)     A child who is below deck or in an enclosed cabin.

SECTION 3. AND BE IT FURTHER ENACTED, That, by September 30, 2005,
and in accordance with § 2-1246 of the State Government Article, the Department of
Natural Resources shall report to the Senate Education, Health, and Environmental
Affairs Committee and the House Environmental Matters Committee regarding:

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