Senate Bill No. 5
(By Senator Blatnik)
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[Introduced January 12, 1994; referred to the Committee
on Transportation; and then to the Committee on Finance.]
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A BILL to amend and reenact section twelve, article seven,
chapter twenty of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to increasing
the original and annual fee for motorboat numbers from five
to twenty dollars.
Be it enacted by the Legislature of West Virginia:
That section twelve, article seven, chapter twenty of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 7. LAW ENFORCEMENT, MOTORBOATING, LITTER.
§20-7-12. Motorboat identification numbers required; application
for numbers; fee; displaying; reciprocity; change of
ownership; conformity with United States regulations;
records; renewal of certificate; transfer of interest,
abandonment, etc.; change of address; unauthorized numbers;
information to be furnished assessors.
Every motorboat, as herein defined, operating upon publicwaters within the territorial limits of this state, shall be
numbered as herein provided:
(a) The owner of each motorboat requiring numbering by this
state shall file an application for a number with the
commissioner on forms approved by the department of motor
vehicles. The application shall be signed by the owner of the
motorboat and shall be accompanied by a fee of five twenty
dollars if propelled by a motor of three or more horsepower.
There shall be no fee for motorboats propelled by motors of less
than three horsepower. All such fees, including those received
under subdivision (b) of this section, shall be deposited in the
state treasury, and fifty percent shall be credited to the
department of motor vehicles and shall be used and paid out upon
order of the commissioner solely for the administration of the
certificate of number system. The remaining fifty percent shall
be credited to the department of natural resources and shall be
used and paid out upon order of the director solely for the
enforcement and safety education of the state boating system.
Upon receipt of the application in approved form, the
commissioner shall enter the same upon the records of the
department and issue to the applicant a number awarded to the
motorboat and the name and address of the owner. The owner shall
paint on or attach to each side of the bow of the motorboat the
identification number in such manner as may be prescribed by
rules and regulations of the commissioner in order that it may be
clearly visible. The number shall be maintained in legiblecondition. The certificate of number shall be pocket size and
shall be available at all times for inspection on the motorboat
for which issued, whenever such motorboat is in operation.
(b) In order to permit a motorboat sold to a purchaser by a
dealer to be operated pending receipt of the certificate of
number from the commissioner, the commissioner may deliver to
dealers, upon application therefor and payment of one dollar for
each, temporary certificates of number to in turn be issued to
purchasers of motorboats. Every person who is issued a temporary
certificate by a dealer shall, under the provisions of
subdivision (a) of this section, apply for an annual certificate
of number no later than ten days from the date of issuance of the
temporary certificate. A temporary certificate shall expire upon
receipt of the annual certificate, upon recision of the contract
to purchase the motorboat in question or upon the expiration of
forty days from the date of issuance, whichever shall first
occur. It is unlawful for any dealer to issue any temporary
certificate knowingly containing any misstatement of fact, or
knowingly to insert any false information on the face thereof.
The commissioner may, by rule or regulation, prescribe such
additional requirements upon such dealers and purchasers as are
consistent with the effective administration of this section.
(c) The owner of any motorboat already covered by a number
in full force and effect which has been awarded to it pursuant to
then operative federal law or a federally approved numbering
system of another state shall record the number prior tooperating the motorboat on the waters of this state in excess of
the sixty-day reciprocity period provided for in section fourteen
of this article. Such recordation shall be in the manner and
pursuant to procedure required for the award of a number under
subdivision (a) of this section, except that no additional or
substitute number shall be issued.
(d) Should the ownership of a motorboat change, a new
application form with fee shall be filed with the commissioner
and a new certificate of number shall be awarded in the same
manner as provided for in an original award of number.
(e) In the event that an agency of the United States
government shall have in force an overall system of
identification numbering for motorboats within the United States,
the numbering system employed pursuant to this article by the
department of motor vehicles shall be in conformity therewith.
(f) All records of the director made or kept pursuant to
this section shall be transferred to the commissioner and shall
be maintained as public records.
(g) Such license shall be valid only until the last day of
June. If at the expiration of that date ownership has remained
unchanged, such owner shall, upon application and payment of the
proper annual fee of twenty dollars, be granted a renewal of such
certificate of number for an additional one-year period.
(h) The owner shall furnish the commissioner notice of the
transfer of all or any part of an interest, other than the
creation of a security interest, in a motorboat numbered in thisstate pursuant to subdivisions (a) and (b) of this section, or of
the destruction or abandonment of such motorboat, within fifteen
days thereof. Such transfer, destruction or abandonment shall
terminate the certificate of number for such motorboat, except
that in the case of a transfer of a part interest which does not
affect the owner's right to operate such motorboat, such transfer
shall not terminate the certificate of number.
(i) Any holder of a certificate of number shall notify the
commissioner within fifteen days if his address no longer
conforms to the address appearing on the certificate and shall,
as a part of such notification, furnish the commissioner with his
new address. The commissioner may provide rules and regulations
for the surrender of the certificate bearing the former address
and its replacement with a certificate bearing the new address or
for the alteration of an outstanding certificate to show the new
address of the holder.
(j) No number other than the number awarded to a motorboat
or granted reciprocity pursuant to this article shall be painted,
attached or otherwise displayed on either side of the bow of such
motorboat.
(k) It shall be the duty of the commissioner on or before
the thirtieth day of August of each year, commencing with the
year one thousand nine hundred eighty, to forward to the assessor
of each county a list of the names and addresses of all persons,
firms and corporations owning vessels and operating the same or
other boats registered with the commissioner under the provisionsof this article. In furnishing this information to each county
assessor, the commissioner shall include such information as to
make, model, value and cost price of such vessels and other
equipment required to be registered for use by said owner or
operator thereof under the provisions of this article: Provided,
That the commissioner need not furnish such information to the
assessor if the cost price of such vessel does not exceed two
hundred dollars or the cost of the motor does not exceed one
hundred seventy-five dollars. In order to deal equitably with
overlapping license periods, the commissioner may issue a six
months' license from the period January, one thousand nine
hundred eighty through June, one thousand nine hundred eighty.
The fee shall be one half of the annual fee.
(l) No person shall operate an unlicensed motorboat upon any
waters of this state without first acquiring such certificate of
number or license as required by law.
NOTE: The purpose of this bill is to increase the original
and annual fee for motorboat numbers from $5 to $20.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.