H. B. 2736
(By Delegates Rodighiero, Butcher, Eldridge,
Stowers, Shaver, Crosier, Talbott,
Louisos, Reynolds and Shook)
[Introduced January 13, 2010; referred to the
Committee on Natural Resources then the Judiciary.]
A BILL to amend and reenact §20-7-22 of the Code of West Virginia,
1931, as amended, relating to rules governing the operation of
motorboats on lakes and to authorize the use of motors
exceeding nine horsepower.
Be it enacted by the Legislature of West Virginia:
That §20-7-22 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 7. LAW ENFORCEMENT, MOTORBOATING, LITTER.
§20-7-22. General rules and regulations for motorboating; special
rules.
The director is hereby authorized and empowered to prescribe
and to enforce:
(a) General rules
and regulations to be observed in the
operation or navigation of motorboats upon, over or through the
waters of this state which he
or she shall deem necessary for the
public health or safety of persons or property on or in such waters, or for the preservation of all forms of useful aquatic
life, particularly as to speed, running, lights, signals, courses,
channels, rights-of-way, and the disposal of oil, gas, gasoline or
other wastes from such boats;
(b) Special rules
and regulations for such particular,
artificial or natural areas of water, for further limiting,
restricting or prohibiting the operation or navigation of
motorboats thereon to protect the public health or to protect and
preserve useful aquatic life.
(c) Notwithstanding any provision of this chapter, code or
existing rule or local rule to the contrary, the director shall
prescribe rules permitting the use of motors on motorboats that are
larger than nine horsepower to be used on lakes in the state, if
they are otherwise operating according to navigation rules,
including operating at a slow or no-wake speed within one hundred
feet of an anchored or moored vessel, shoreline, dock, pier, swim
float, marked swim areas, swimmers, surfers, persons engaged in
angling, any manually powered vessel or personal watercraft.
NOTE: The purpose of this bill is to authorize the use of
motors exceeding nine horsepower in the operation of motorboats on
lakes.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.