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S1285..........................................................by SCHROEDER BOATING - Amends existing law to revise provisions relating to the registration of certain vessels; and to revise the exemption for numbering provisions. 01/17 Senate intro - 1st rdg - to printing 01/18 Rpt prt - to Transp
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE SENATE SENATE BILL NO. 1285 BY SCHROEDER 1 AN ACT 2 RELATING TO BOATING; AMENDING SECTION 67-7008, IDAHO CODE, TO REVISE PROVI- 3 SIONS RELATING TO THE REGISTRATION OF CERTAIN VESSELS; AND AMENDING SEC- 4 TION 67-7009, IDAHO CODE, TO REVISE EXEMPTION FROM NUMBERING PROVISIONS. 5 Be It Enacted by the Legislature of the State of Idaho: 6 SECTION 1. That Section 67-7008, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 67-7008. CERTIFICATE OF REGISTRATION -- EXPIRATION -- FEES. (1) Within 9 fifteen (15) days after purchase, or as otherwise herein provided, the owner 10 of each vessel requiring numbering by the state of Idaho shall file an appli- 11 cation for registration with an assessor or authorized vendor on forms pro- 12 vided by the department. The application shall be signed by the owner and 13 shall be accompanied by the fee herein designated. Upon receipt of an applica- 14 tion in approved form, and the appropriate fee, the assessor or authorized 15 vendor shall enter the same upon the records of its office and issue to the 16 applicant two (2) validation stickers and a certificate of registration stat- 17 ing the number issued to the vessel, the receipt of any fee paid and the name 18 and address of the owner, and the assessor or authorized vendor shall forward 19 to the department a duplicate copy. The owner shall paint on or permanently 20 attach to each side of the bow of the vessel the registration number and vali- 21 dation sticker in a manner as may be prescribed by rules of the department in 22 order that they may be completely visible, and the number shall be maintained 23 in legible condition. The certificate of registration shall be pocket-size and 24 shall be on board and available at all times for inspection on the vessel for 25 which issued whenever that vessel is in operation, except that livery opera- 26 tors may have the rental agreement on board rented vessels in lieu of the cer- 27 tificate of registration. 28 (2) The owner of any vessel for which a current certificate of registra- 29 tion has been issued pursuant to any federal law or a federally approved num- 30 bering system of another state shall, if the vessel is operated on the waters 31 of this state,in excess of sixty (60) days,make application for and be 32 issued a certificate of Idaho registration in the manner prescribed in this 33 section prior to operation of the vessel on the waters of this state. 34 (3) Each assessor and authorized vendor shall record, on a form provided 35 by the department, the names of all owners of vessels who make application for 36 certificates of registration, together with the amount of the fees paid by the 37 owners. He shall, on or before the tenth of each month, forward to the depart- 38 ment a duplicate copy of each record for the preceding month. 39 (4) All records of the department made or kept pursuant to this section 40 shall be kept current and shall be public records. 41 (5) Every certificate of registration issued shall continue in full force 42 and effect through December 31 of the year of issue unless sooner terminated 43 or discontinued in accordance with law. Certificates of registration may be 2 1 renewed by the owner in the same manner provided for in the initial securing 2 of them. 3 (6) The owner of any vessel shall notify the department within fifteen 4 (15) days if his vessel is destroyed or abandoned, or is sold or transferred 5 either wholly or in part to another person or persons or if the owner's 6 address no longer conforms to the address appearing on the certificate of reg- 7 istration. In all such cases, the notice shall be accompanied by a surrender 8 of the certificate of registration. When the surrender of the certificate is 9 by reason of the vessel being destroyed, abandoned or sold, the department 10 shall cancel the certificate and enter that fact in its records. If the sur- 11 render is by reason of a change of address on the part of the owner, the new 12 address shall be endorsed on the certificate and the certificate returned to 13 the owner. 14 (7) Whenever the ownership of a vessel changes, the purchaser shall, 15 within fifteen (15) days after acquisition, make application to the department 16 for transfer to him of the certificate of registration issued for the vessel, 17 giving his name, address, and the number of the vessel and shall, at the same 18 time, pay to the department a transfer fee of three dollars ($3.00). Upon 19 receipt of the application and fee, the department shall transfer the certifi- 20 cate of registration issued for the vessel to the new owner or owners. Unless 21 the application is made and the fee paid within fifteen (15) days, the vessel 22 shall be considered to be without a certificate of registration. 23 (8) No number other than the registration number issued to a vessel or 24 granted by reciprocity pursuant to law shall be painted, attached, or other- 25 wise displayed on either side of the bow of the vessel. 26 (9) If any certificate of registration becomes lost, mutilated, or 27 becomes illegible, the owner of the vessel for which the same was issued shall 28 obtain a duplicate of the certificate from the department upon application and 29 the payment of a fee of three dollars ($3.00). If one or both validation 30 stickers are lost, stolen, or destroyed, any sticker remnants and the certifi- 31 cate of registration should be returned to the department along with a three 32 dollar ($3.00) fee and an application for a duplicate certificate of registra- 33 tion and validation stickers. 34 (10) A person engaged in the manufacture or sale of vessels of a type 35 otherwise required to be numbered by law, may obtain pursuant to regulations 36 duly promulgated by the department, certificates of registration for use in 37 the testing or demonstration only of a vessel upon payment of thirteen dollars 38 ($13.00) for each certificate. Certificates of registration so issued may be 39 used by the applicant in the testing or demonstration only of vessels by tem- 40 porary placement of the numbers assigned by the certificates on the vessel 41 tested or demonstrated, and shall be issued and displayed as otherwise pre- 42 scribed by this chapter or by regulation of the department. 43 (11) The registration fees shall be: 44 (a) Vessels 0-12 feet in length $20.00 45 Vessels over 12 feet in length 20.00 46 plus $2.00 per foot for each additional foot 47 in excess of 12 feet. 48 (b) The registration fees for new or used vessels which have not previ- 49 ously been registered in Idaho shall be: 50 (i) For vessels acquired or brought into the state January 1 51 through March 31, the full amount of the regular fees; 52 (ii) For vessels acquired or brought into the state April 1 through 53 June 30, seventy-five percent (75%) of the regular fees; 54 (iii) For vessels acquired or brought into the state July 1 through 55 September 30, fifty percent (50%) of the regular fees; 3 1 (iv) For vessels acquired or brought into the state after September 2 30, twenty-five percent (25%) of the regular fees. 3 (c) Each assessor and authorized vendor shall presume that any vessel is 4 subject to the regular certificate of registration fees, unless the appli- 5 cant can successfully show reasonable proof that the vessel has not previ- 6 ously been registered in Idaho. 7 (12) The provisions of subsection (11) of this section, with respect to 8 the amount of payment of registration fees shall not apply to vessels owned by 9 any charitable or religious organization, scout organization or any similar 10 organization not used and operated for profit. All vessels currently regis- 11 tered by the state of Idaho and having paid the fees imposed by subsection 12 (11) of this section shall not be assessed and taxed as personal property in 13 the state of Idaho. 14 (13) The registration fee for vessels owned by any charitable or religious 15 organization, scout organization or similar organization not used and operated 16 for profit shall be two dollars ($2.00) per year. 17 SECTION 2. That Section 67-7009, Idaho Code, be, and the same is hereby 18 amended to read as follows: 19 67-7009. EXEMPTION FROM NUMBERING PROVISIONS. A vessel shall not be 20 required to be numbered under this chapter if it is: 21 (1)Already covered by a number in full force and effect which has been22issued to it pursuant to federal law or a federally approved numbering system23of another state, provided that such vessel shall not have been within this24state for a period in excess of sixty (60) consecutive days.25(2) A vessel from a country other than the United States using the waters26of this state for a period of less than sixty-one (61) consecutive days.27(3)A vessel which is owned by the United States, another state or a 28 political subdivision thereof. 29 (42) A vessel's lifeboat. 30 (53) A vessel belonging to a class of vessels which has been exempted 31 from numbering by the department after it has found that the numbering of ves- 32 sels of such class will not materially aid in their identification and has 33 further found that the vessel would also be exempt from numbering if it were 34 subject to federal law. 35 (64) A float tube.
STATEMENT OF PURPOSE
RS 17566
Currently, Idaho Code provides that non-resident owners of
boating vessels can operate those waters in the State of Idaho
for 60 days without securing a certificate of Idaho registration.
This legislation removes the 60 day grace period and provides
that all boating vessels operating in Idaho must have a
certificate of Idaho registration prior to operation. This
change provides that those who benefit must contribute towards
the costs associated with their activity.
FISCAL NOTE
There is no known research on the number of vessels operating in
Idaho without an Idaho certificate since there was no prior
reason to attempt to count them.
Contact
Name: Senator Gary Schroeder
Phone: 208-332-1324
STATEMENT OF PURPOSE/FISCAL NOTE S 1285