H. B. 2911


(By Delegates Yeager, Ashley, Stemple,
Williams, Boggs and Marshall)

[Introduced March 19, 2001; referred to the
Committee on Agriculture and Natural Resources then the Judiciary.]



A BILL to amend and reenact section sixteen, article seven, chapter twenty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to motorboats; requiring boat rental facilities to provide safety orientation and boating rules to operators.

Be it enacted by the Legislature of West Virginia:
That section sixteen, 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.
§20-7-16. Boat liveries.

(a) The owner or operator of a boat livery or rental facility shall cause to be kept a record of the name and address of the person or persons hiring any vessel including personal watercraft which is designed or permitted by him or her to be operated as a motorboat, identification number thereof, and the departure date and time, and the expected time of return. The record shall be preserved for at least six months.
(b) Neither the owner or operator of a boat livery or rental facility, nor his or her agent or employee, shall permit any motorboat or personal watercraft or any vessel designed or permitted by him or her to be operated as a motorboat or personal watercraft to depart from his or her premises unless it shall have been provided, either by the owner or renter, with the equipment required pursuant to section thirteen of this article and any rules and regulations made pursuant thereto.
(c) The owner or operator of a boat livery or rental facility, or his or her agent or employee, shall provide boating safety orientation for all persons that rent any vessel, including personal watercraft, unless that person holds a certificate as required by section twelve-b, article seven of this code. Further, the owner of a boat livery or rental facility, or his or her agent or employee, shall conduct a practical examination of his or her ability to operate and control a personal watercraft.
(d) The owner or operator of a boat livery or rental facility, or his or her agent or employee, may not lease, hire or rent a personal watercraft to any person under eighteen years of age.
(e) The owner or operator of a boat livery or rental facility, or his or her agent or employee shall provide to the operator(s) of rental vessels, boats or personal watercraft all pertinent boating rules including, but not limited to, those rules that may be peculiar to the area of the rental such as no-wake zones, restricted areas, channel makers, water hazard markers and swimming zones.
(f) The owner or operator of a boat livery or rental facility shall possess the license and surety bond as required by section twenty-three-d, article two, chapter twenty of this code.


NOTE: The purpose of this bill is to require boat rental facilities to provide safety orientation and boating rules to operators.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.