COMMITTEE SUBSTITUTE
FOR
H. B. 2247
(By Delegates Warner and Love)
(Originating in the Committee on Finance)
[February 17, 1995]
A BILL to amend and reenact sections eleven, twelve and twelve-a,
article seven, chapter twenty of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, all
relating to establishing a three-year registration period
for motorboats; establishing a fee of fifteen dollars for
the three-year registration period; providing that
motorboats propelled by a motor of seven or less horsepower
shall be exempt from registration; and providing that the
assessor shall be furnished boat registration if the cost
price of the vessel exceeds five hundred dollars or the cost
of the motor exceeds two hundred fifty dollars.
Be it enacted by the Legislature of West Virginia:
That sections eleven, twelve and twelve-a, article seven,
chapter twenty of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, be amended and reenacted, all to read as follows:
ARTICLE 7. LAW ENFORCEMENT, MOTORBOATING, LITTER.
PART II. MOTORBOATING.
§20-7-11. Motorboats and other terms defined.
As used in this section and subsequent sections of this
article, unless the context clearly requires a different meaning:
(1) "Vessel" means every description of watercraft, other
than a seaplane on the water, used or capable of being used as a
means of transportation on water;
(2) "Motorboat" means any vessel propelled by an electrical,
steam, gas, diesel or other fuel propelled or driven motor,
whether or not such the motor is the principal source of
propulsion, but shall not include a vessel which has a valid
marine document issued by the bureau of customs of the United
States government or any federal agency successor thereto;
(3) "Owner" means a person, other than a lienholder, having
the property in or title to a motorboat. The term includes a
person entitled to the use or possession of a motorboat subject
to an interest in another person, reserved or created by
agreement and securing payment or performance of an obligation,
but the term excludes a lessee under a lease not intended as
security;
(4) "Commissioner" means the commissioner of the department
division of motor vehicles; and
(5) "Director" means the director of the department division
of natural resources.
§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 public
waters 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 division of
motor vehicles. The application shall be signed by the owner of
the motorboat and shall be accompanied by a fee of five fifteen
dollars for a three-year registration period if propelled by a
motor of three seven or more horsepower. The fee may be prorated
by the commissioner for periods of less than three years. There
shall be no fee for motorboats propelled by motors of less than
three seven horsepower. All such fees, including those received
under subdivision subsection (b) of this section, shall be
deposited in the state treasury, and fifty percent shall be credited to the department division 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
division 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 division 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 the 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 legible condition. 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 the 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 subsection (a) of this section, apply for an annual
a 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 the
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 to
operating 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 The recordation shall be in the manner and
pursuant to procedure required for the award of a number under
subdivision subsection (a) of this section, except that no an
additional or substitute number shall not 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 division 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 The license shall be valid only until the last day
of June for a maximum period of three years. If at the
expiration of that date period ownership has remained unchanged,
such the owner shall, upon application and payment of the proper
annual fee, be granted a renewal of such the certificate of
number for an additional one-year three-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 this
state pursuant to subdivisions subsections (a) and (b) of this
section, or of the destruction or abandonment of such the motorboat, within fifteen days thereof. Such The transfer,
destruction or abandonment shall terminate the certificate of
number for such the motorboat, except that in the case of a
transfer of a part interest which does not affect the owner's
right to operate such the motorboat, such the 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 or her address no longer
conforms to the address appearing on the certificate and shall,
as a part of such the notification, furnish the commissioner with
his or her 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
the 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 provisions
of this article. In furnishing this information to each county
assessor, the commissioner shall include such the information as
to make and model value and cost price of such the 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 the
information to the assessor if the cost price of such the vessel
does not exceed two five hundred dollars or the cost of the motor
does not exceed one hundred seventy-five two hundred fifty
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 may operate an unlicensed motorboat upon
any waters of this state without first acquiring such the
certificate of number or license as required by law.
§20-7-12a. Payment of personal property taxes prerequisite to
application for certificate or renewal of number;
duties of assessors; schedule of motorboat values.
Certificates of number and renewals therefor shall not be
issued or furnished by the department division of motor vehicles,
or any other officer charged with such the duty, unless the applicant therefor furnishes the receipt hereinafter provided to
show full payment of the personal property taxes for the calendar
year which immediately precedes the calendar year in which
application is made on all motorboats which were listed with the
department division of motor vehicles in the applicant's name on
the tax day for the former calendar year. If the applicant
contends that any motorboat so listed was not subject to personal
property taxation for that year, he or she shall furnish such the
information and evidence as the commissioner of motor vehicles
may require to substantiate his or her contention.
The assessor shall require any person having a duty to make
a return of property for taxation to him or her to furnish
information identifying each motorboat subject to the numbering
provisions of this article. When the property taxes on any such
the motorboat have been paid, the officer to whom the payment was
made shall deliver to the person paying such the taxes a written
or printed receipt therefor, and shall retain for his or her
records a duplicate of such the receipt. The assessor and
sheriff, respectively, shall see that the assessment records and
the receipts contain information adequately identifying the
motorboat as registered under the provisions of this article.
The officer receiving payment shall sign each receipt in his or
her own handwriting.
The assessors shall commence their duties hereunder during the tax year one thousand nine hundred eighty-nine and the
department division of motor vehicles shall commence its duties
hereunder as of the first day of January, one thousand nine
hundred ninety.
The state tax commissioner shall annually compile a schedule
of motorboat values, based on the lowest values shown in a
nationally accepted used motorboat guide, which schedule shall be
furnished to each assessor and shall be used by him or her as a
guide in placing the assessed values on all motorboats in his or
her county.