HOUSE CONCURRENT RESOLUTION 95

(By Delegate Westfall)

[Introduced March 2, 2018; Referred to the Committee on Rules]

Requesting the Joint Committee on Government and Finance study the feasibility and propriety of requiring liability insurance or other means of security on certain motorboats and personal watercraft in this state.

Whereas, There were 43,839 motorboats and 2,026 personal watercraft registered in the State of West Virginia in 2017; and

Whereas, Motorboats and personal watercraft, by their inherent nature as motorized mobile devices, create a risk of potential collision or contact with other boats, other person’s property and, most importantly, also create the risk of personal injury to people on the state’s public waterways; and

Whereas, The operation of motorboats and personal watercraft create a risk of personal injury and property damage similar to the inherent risks of the operation of motor vehicles; and

Whereas, Since 1981, West Virginia has required every owner or registrant of a motor vehicle to be registered and licensed in this state to maintain minimum security via insurance or other adequate prescribed security to provide compensation for personal injury and property damage as a result of the unlawful, improper, or negligent operation of each registered and licensed motor vehicle in this state; and

Whereas, Insurance or other prescribed security to provide minimum compensation to victims injured by the improper, unlawful or negligent operation of a motorboat or personal watercraft in this state, as well as protecting the financial interests of owners and operators of these watercraft, would be in the public interest of West Virginia; and

Whereas, The Legislature finds that it would be prudent to study and examine the issues related to the feasibility and propriety of requiring liability insurance or other means of security on certain motorboats and personal watercraft in this state; therefore, be it

Resolved by the Legislature of West Virginia:

That the Joint Committee on Government and Finance is hereby requested to study the feasibility and propriety of requiring liability insurance or other means of security on certain motorboats and personal watercraft in this state; and, be it

Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2019, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it

Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.