The Red or Orange Flag Law That Did Not Pass: What Simonton Lake Boaters Need to Know

Boating safety rules can change from one legislative session to another, which can sometimes create confusion for boaters on Simonton Lake in Elkhart, Indiana. One example is the proposed requirement for a red or orange safety flag when towing someone behind a boat.

During the 2026 Indiana legislative session, House Bill 1077 proposed several changes to Indiana boating laws. One provision would have required a person on a boat to use a red or orange safety flag when a person being towed entered the water. However, HB 1077 did not become law. The Indiana General Assembly's records show the bill was referred to the House Natural Resources Committee and became inactive rather than completing the legislative process.

For Simonton Lake residents, understanding this distinction is important.
What House Bill 1077 Proposed
HB 1077 was introduced as a boating-safety measure. Among other provisions, it proposed requiring people being towed by a motorboat to wear a personal flotation device, establishing counterclockwise operation on inland lakes, restricting towing between sunset and sunrise except for assisting a distressed boat, and requiring a red or orange safety flag when a person being towed entered the water.

The proposed flag requirement was intended to make a person in the water more visible to other boaters. A brightly colored flag can communicate that someone is in the water behind or near a boat and that other vessels should exercise additional caution.

However, the proposed flag requirement was not enacted through HB 1077.
That means boaters should not assume that HB 1077's proposed flag requirement is currently an Indiana statewide law simply because the proposal was discussed during the legislative session.

What the Existing Law Requires
Although the proposed flag requirement did not pass, Indiana already has important laws governing towing activities.
Under Indiana Code 14-15-3-20, a motorboat towing a water skier, watersled, aquaplane, similar object, or person must have another person aboard who gives their entire attention to watching the person or object being towed. The operator must devote their entire attention to operating the boat.

This is particularly important on a busy recreational lake such as Simonton Lake. The operator needs to concentrate on navigation, while the observer watches the person being towed.
Indiana law also requires boat operators to operate carefully and prudently, taking into account the safety of other people, weather conditions, hazards and the density of boat traffic.

Safety Still Matters Without a Flag Requirement
The fact that a proposed flag requirement did not become law does not mean boaters should ignore visibility and safety.
Water skiers, wakeboarders, tubers and other people being towed can be difficult for approaching boaters to see, particularly when they are in the water. A responsible boat operator should maintain a safe operating area and remain alert to surrounding traffic.
Indiana law also addresses certain dangerous practices involving people around the stern of a moving boat. For example, state law prohibits certain activities involving individuals holding onto the swim platform, swim deck, swim step, swim ladder or exterior transom while the boat is underway.

Check Current Rules Before Heading Out
Boating regulations can change, and lake-specific restrictions may also apply. The Indiana DNR maintains boating resources and advisories for Indiana waterways, making it a useful source for checking current requirements before launching.

For Simonton Lake boaters, the best practice is to distinguish between proposed legislation and enacted law. HB 1077 proposed a red or orange flag requirement for towing activities, but that proposal did not become law.
That does not make the safety concept unimportant. A visible flag may still be a useful voluntary safety practice when towing someone, provided it is used appropriately and does not conflict with applicable rules.

Keeping Simonton Lake Safe
Simonton Lake is shared by homeowners, fishermen, swimmers, kayakers, pontoons, personal watercraft and boats towing people on recreational devices. Good boating practices benefit everyone.

Whether or not a particular safety measure is legally required, boat operators should keep a dedicated observer aboard when towing, maintain awareness of other vessels, operate prudently and make the safety of the person being towed a priority.

The important takeaway for Simonton Lake: the red-or-orange-flag requirement discussed in House Bill 1077 was a proposal, not an enacted requirement. Because boating laws can change, residents should check the current Indiana DNR and Indiana Code requirements rather than relying on information about a bill that did not pass