ENGROSSED
Senate Bill No. 549
(By Senators Dittmar, Wooton, Ball, Bowman, Hunter, Ross,
Schoonover, Snyder, Buckalew, Deem and Scott)
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[Originating in the Committee on the Judiciary;
reported April 2, 1997.]
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A BILL to amend and reenact section twenty-three, article seven,
chapter twenty of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating generally to
promulgation of rules for motor boating.
Be it enacted by the Legislature of West Virginia:
That section twenty-three, 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, MOTOR BOATING, LITTER.
§20-7-23. Local rules.
(a) The provisions of this article, and of other applicable
laws of this state, shall govern the operation, equipment,
numbering and all other matters relating thereto whenever any
vessel shall be operated on the waters of this state, or when any
activity regulated by this article shall take place thereon, but nothing in this article shall be construed to prevent the adoption
of any ordinance or local law relating to operation and equipment
of vessels the provisions of which are identical to the provisions
of this article, amendments thereto or
regulations issued rules
promulgated thereunder:
Provided, That such ordinances or local
laws shall be operative only so long as to the extent that they
continue to be identical to provisions of this article, amendments
thereto or
regulations issued rules promulgated thereunder.
(b) Any subdivision of this state may, at any time, but only
after public notice, make formal application to the director for
special rules
and regulations with reference to the operation of
vessels on any waters within its territorial limits and shall set
forth therein the reasons which make such special rules
or
regulations necessary or appropriate.
(c) The director is hereby authorized to
make promulgate
special rules
and regulations with reference to the operation of
vessels on any waters within the territorial limits of any
subdivision of this state.
(d) The director shall immediately promulgate an emergency
rule pursuant to the provisions of section fifteen, article three,
chapter twenty-nine-a of this code providing for the use of
electric motors on the waters of Miletree lake in Roane County.
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