Bill Text: AZ HB2322 | 2012 | Fiftieth Legislature 2nd Regular | Chaptered
Bill Title: Watercraft; registration; fees
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2012-04-11 - Governor Signed [HB2322 Detail]
Download: Arizona-2012-HB2322-Chaptered.html
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Senate Engrossed House Bill |
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State of Arizona House of Representatives Fiftieth Legislature Second Regular Session 2012
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CHAPTER 237
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HOUSE BILL 2322 |
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AN ACT
amending sections 5‑301, 5‑321, 5‑322, 5‑323 and 5‑324, Arizona Revised Statutes; amending Title 5, chapter 3, article 3, Arizona Revised Statutes, by adding sections 5-326 and 5-327; relating to registration and taxation of watercraft.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 5-301, Arizona Revised Statutes, is amended to read:
5-301. Definitions
In this chapter, unless the context otherwise requires:
1. "Commercial motorized watercraft" means a motorized watercraft that carries passengers or property for a valuable consideration that is paid to the owner, charterer, operator or agent or to any other person interested in the watercraft.
2. "Commission" means the Arizona game and fish commission.
3. "Department" means the Arizona game and fish department.
4. "Documented watercraft" means any watercraft currently registered as a watercraft of the United States pursuant to 46 Code of Federal Regulations part 67.
5. "Domicile" means a person's true, fixed and permanent home and principal residence, proof of which may be demonstrated as prescribed by rules adopted by the commission.
4. 6. "Motorboat" means any watercraft that is not more than sixty‑five feet in length and that is propelled by machinery whether or not such machinery is the principal source of propulsion.
5. 7. "Motorized watercraft" means any watercraft that is propelled by machinery whether or not the machinery is the principal source of propulsion.
8. "Nonresident" means a citizen of the United States or an alien person who is not domiciled in this state and who is not a resident as defined in this section.
6. 9. "Operate" means to operate or be in actual physical control of a watercraft while on public waters.
7. 10. "Operator" means a person who operates or is in actual physical control of a watercraft while on public waters.
8. 11. "Person" includes any individual, firm, corporation, partnership or association, and any agent, assignee, trustee, executor, receiver or representative thereof.
9. 12. "Public waters" means any body of water which that is publicly owned or which that the public is permitted to use without permission of the owner upon which a motorized watercraft can be navigated, including that part of waters that is common to interstate boundaries which and that is within the boundaries of this state.
13. "Resident" means a person who is either:
(a) A member of the armed forces of the United States on active duty and stationed in this state for a period of thirty days immediately before the date of application for a watercraft decal.
(b) A member of the armed forces of the United States on active duty and stationed in another state or another country and who lists this state as that member's home of record at the time of an application for a watercraft decal.
(c) Domiciled in this state for at least six consecutive months immediately before the date of the application for a watercraft decal and who does not claim residency for any purpose in any other state or country.
10. 14. "Revocation" means invalidating the certificate of number, numbers and annual validation decals issued by the department to a watercraft and prohibiting the operation of the watercraft on the waters of this state during a period of noncompliance with this chapter.
11. 15. "Sailboard" means any board of less than fifteen feet in length which is designed to be propelled by wind action upon a sail for navigation on the water by a person operating the board.
12. 16. "Special anchorage area" means an area set aside and under the control of a federal, state or local governmental agency, or by a duly authorized marina operator or concessionaire for the mooring, anchoring or docking of watercraft.
17. "State of principal operation" means the state where a watercraft is primarily used, navigated or employed.
13. 18. "Underway" means that a watercraft on public waters that is not at anchor, is not made fast to the shore or is not aground.
14. 19. "Undocumented watercraft" means any watercraft which does not have and is not required to have a valid marine document as a watercraft of the United States.
15. 20. "Wakeless speed" means a speed that does not cause the watercraft to create a wake, but in no case in excess of five miles per hour.
16. 21. "Watercraft" means any boat designed to be propelled by machinery, oars, paddles or wind action upon a sail for navigation on the water, or as may be defined by rule of the commission.
17. 22. "Waterway" means any body of water, public or private, upon which a watercraft can be navigated.
Sec. 2. Section 5-321, Arizona Revised Statutes, is amended to read:
5-321. Numbering; registration fees; exemption from taxation; penalty; procedures
A. Except as provided in section 5-322, the owner of each motorized watercraft requiring numbering by this state shall file an application for a registration number with the department, or its agent, on forms approved by the department. Except as provided by rule adopted by the commission, the application shall be signed by the owner of the motorized watercraft and shall be accompanied by a registration fee levied at the following rates:
1. For a resident owner, defined as a person who owns a boat for which registration is required and who is required to and does register motor vehicles owned by the person in this state or, if no motor vehicle is owned by the person owning the boat, the person is a resident as defined by section 28‑2001, a registration fee as follows:
1. Twelve feet and less $20.00
2. Twelve feet one inch through sixteen feet $22.00
3. Sixteen feet one inch through twenty feet $30.00
4. Twenty feet one inch through twenty-six feet $35.00
5. Twenty-six feet one inch through thirty-nine feet $39.00
6. Thirty-nine feet one inch through sixty-four feet $44.00
7. Sixty-four feet one inch and over $66.00
2. For a nonresident owner, defined as any person who owns a boat for which registration is required and who is not a resident owner as defined by this section, a registration fee as follows:
Twelve feet and less $100.00
Twelve feet one inch through sixteen feet $110.00
Sixteen feet one inch through twenty feet $222.00
Twenty feet one inch through twenty-six feet $259.00
Twenty-six feet one inch through thirty-nine feet $292.00
Thirty-nine feet one inch through sixty-four feet $330.00
Sixty-four feet one inch and greater $495.00
B. Pursuant to article IX, section 16, constitution of Arizona, watercraft are exempt from ad valorem property tax and from license taxes in lieu of property tax.
C. The length of the motorized watercraft shall be measured from the most forward part of the bow excluding the bowsprit or jibboom, over the centerline to the rearmost part of the transom excluding sheer, outboard motor, rudder, handles or other attachments.
D. The commission may assess an additional registration fee, to be collected at the same time and in the same manner as the registration fee imposed by subsection A, paragraph 1 or 2 of this section. The amount of the additional fee shall be determined by the commission and may be imposed in different amounts with respect to resident and nonresident owners. An additional registration fee under this subsection is to be used solely for the purpose of the lower Colorado river multispecies conservation program under section 48-3713.03.
E. Upon receipt of the application in approved form with the applicable fees and license tax, the department or its agent shall enter the application on the records of its office and issue to the applicant two current annual decals and a certificate of number stating the number issued to the watercraft and the name and address of the owner. The owner shall display the assigned number and the current annual decals in such manner as may be prescribed by rules of the commission. The number and decals shall be maintained in legible condition. The certificate of number or commission approved proof of valid certificate of number, except as provided in section 5‑371, shall be available at all times for inspection by a peace officer whenever the watercraft is in operation. No number issued by another state or the United States coast guard, unless granted exemption or exception pursuant to this chapter, shall be displayed on the watercraft.
F. No person may operate a motorized watercraft on the waterways of this state unless the watercraft displays the assigned number and current annual decals or the person is in possession of a valid thirty‑day temporary registration as prescribed by this article.
F. G. No motorized watercraft shall be purchased, sold or otherwise transferred without assignment by the owner of the current numbering certificate or other documentation as may be prescribed by rules of the commission. Within fifteen days after such transfer, the person to whom such transfer is made shall make application to the department to have the motorized watercraft registered in the person's name by the department, for which the department shall charge a transfer fee of four dollars. The department shall not issue or transfer a numbering certificate for a motorized watercraft to a person who is subject to the use tax under title 42, chapter 5, article 4 unless the applicable tax has been paid as shown by a receipt from the collecting officer. Persons doing business as marine dealers and licensed as such by this state are not required to register in their name any watercraft in their possession that may be offered for resale.
G. H. In the event of the loss or destruction of the certificate of number or annual decal, the department shall issue a duplicate to the owner upon payment of a fee of two dollars.
H. I. The department may issue any certificate of number directly or may authorize any person to act as agent for the issuance of the certificate of number in conformity with this chapter and with any rules of the commission. An agent that contracts with the commission to renew certificates of number by telecommunication may impose additional fees for the services as provided in the contract.
I. J. The owner shall furnish to the department notice of the transfer of all or any part of the owner's interest other than the creation of a security interest in a motorized watercraft numbered in this state pursuant to the provisions of this chapter or of the destruction or abandonment of such watercraft within fifteen days. Such transfer, destruction or abandonment shall terminate the certificate of number of such watercraft, except that in the case of a transfer of a part interest which that does not affect the owner's right to operate such watercraft, the transfer shall not terminate the certificate of number.
J. K. Any holder of a certificate of number shall notify the department within fifteen days if the holder's address no longer conforms to the address appearing on the certificate and shall, as a part of such notification, shall furnish the department with the holder's new address. The commission may provide in its rules for the surrender of the certificate bearing the former address and its replacement with a certificate bearing the new address or the alteration of an outstanding certificate to show the new address of the holder.
K. L. On renewal of any motorized watercraft registration that has not been renewed by the current expiration date, the department shall assess a penalty unless the watercraft ownership has been transferred and the watercraft was not registered subsequent to the expiration date. The commission shall establish the penalty which that shall not exceed fifteen dollars. If more than twelve months have lapsed since the expiration date of the last registration or renewal the penalty and back fees are waived.
Sec. 3. Section 5-322, Arizona Revised Statutes, is amended to read:
5-322. Motorized watercraft to be numbered; exceptions
A. All undocumented motorized watercraft whether underway, moored or anchored on the waters within the boundaries of the state shall be numbered in accordance with this chapter or rules of the commission in accordance with the federally approved numbering system except:
1. Foreign watercraft temporarily using the waters of the state.
2. Military or public vessels of the United States, except recreational type public vessels.
3. Watercraft used solely as lifeboats.
4. Undocumented watercraft operating under a valid temporary certificate issued pursuant to rules adopted by the commission.
5. Documented watercraft numbered in accordance with the regulations of the United States coast guard.
B. Motorized watercraft owned and operated exclusively by the state or by any political subdivision of the state shall be numbered, but no registration fee shall be paid on the watercraft.
C. All nonresident owners of motorized watercraft when in the course of interstate operation displaying a current and valid number issued under an approved federal numbering system of the United States coast guard, a state, the Commonwealth of Puerto Rico, the Virgin Islands, Guam or the District of Columbia shall register such watercraft with the department prior to the expiration of the reciprocity period prescribed by rules of the commission.
D. All nonresident‑owned motorized watercraft, when in the course of interstate operation and not required to be numbered in their state of principal use operation, shall comply with the requirements of subsection C of this section.
E. Except as provided in subsection F of this section, any person who is a resident of this state and who is the owner of a motorized watercraft shall number the watercraft pursuant to section 5‑321 prior to operating such watercraft on the waterways of the state.
F. E. When this state becomes the new state of principal use operation of a motorized watercraft displaying a current number issued under a federally approved numbering system, the validity of such number shall be recognized for a period of ninety days. Upon expiration of the ninety‑day period and prior to any subsequent use, the owner shall number any motorized watercraft pursuant to section 5‑321.
G. F. Each dealer or manufacturer in this state engaged in the sale of motorized watercraft using the watercraft for demonstration shall obtain one or more dealer watercraft certificates of number with the current validating decals. Applications, renewal and display of certificates of number shall be as prescribed in this chapter or by rules of the commission, except that the annual fee will be two dollars fifty cents for each certificate of number and accompanying current decals.
Sec. 4. Section 5-323, Arizona Revised Statutes, is amended to read:
5-323. Disposition of fees
Each month monies received from the registration and infrastructure fees received under this chapter for the numbering of watercraft shall be deposited, pursuant to sections 35‑146 and 35‑147, in a fund designated as the watercraft registration fee clearing account licensing fund. Each month, on notification by the department, the state treasurer shall distribute the monies in the clearing account as follows:
1. All revenues collected from the registration fees collected pursuant to section 5‑321, subsection A, paragraphs 1 and 2 and section 5‑326 shall be allocated as follows:
(a) Sixty-five per cent shall be deposited in a special fund to be known as the watercraft licensing fund. The watercraft licensing fund is to be used by the department for administering and enforcing this chapter, providing an information and education program relating to boating and boating safety and administering any aquatic invasive species program established under this title or title 17. These monies are subject to legislative appropriation.
(b) Thirty-five per cent of such revenues shall be further allocated as follows:
(i) Fifteen per cent to the state lake improvement fund to be used as prescribed by section 5‑382.
(ii) Eighty‑five per cent to the law enforcement and boating safety fund to be used as prescribed by section 5‑383.
2. All revenues collected from any additional registration fees collected pursuant to section 5‑321, subsection C shall be paid to an account designated by a multi-county water conservation district established under title 48, chapter 22 to be used solely for the lower Colorado river multispecies conservation program and for no other purpose.
Sec. 5. Section 5-324, Arizona Revised Statutes, is amended to read:
5-324. Public records; identification of requester; supplying information by mail; records custodians; certification of records
A. All records of the department made or kept pursuant to this article are public records.
B. The department shall furnish information or copies from the records kept pursuant to this section subject to sections 39‑121.01 and 39‑121.03.
C. Persons requesting a copy of a public record pursuant to this section shall identify themselves and state the reason for making the request. The department shall verify the name and address of the person making the request by requiring the person to produce necessary information to ensure that the information given is true and correct.
D. The department shall not divulge any information from a watercraft registration record unless the person requesting the information provides the following:
1. The name of the owner.
2. The hull identification number of the watercraft.
3. The department issued number assigned to the watercraft.
E. The procedures required by subsections C and D of this section do not apply to:
1. This state or any of its departments, agencies or political subdivisions.
2. A court.
3. A law enforcement officer.
4. A licensed private investigator.
5. Financial institutions and enterprises under the jurisdiction of the department of financial institutions or a federal monetary authority.
6. The federal government or any of its agencies.
7. An attorney admitted to practice in this state who alleges the information is relevant to any pending or potential court proceeding.
8. An operator of a self‑service storage facility located in this state who alleges both of the following:
(a) That the watercraft on which the operator is requesting the record is in the operator's possession.
(b) That the record is requested to allow the operator to notify the registered owner and any lienholders of record of the operator's intent to foreclose its lien and to sell the watercraft.
9. A towing company located in this state that alleges both of the following:
(a) That the watercraft on which the towing company is requesting the record is in the towing company's possession.
(b) That the record is requested to allow the towing company to notify the registered owner and any lienholders of record, if known, of the towing company's intent to sell the watercraft.
10. An insurance company.
F. The department may supply the requested information by mail or telecommunications.
G. The director may designate as custodian of the department's public records those department employees the director deems necessary. If a public record of the department has been certified by a records custodian and authenticated as required under proof of records (records of public officials), rules of civil procedure and the rules of evidence for courts in this state, it is admissible in evidence without further foundation.
H. Notwithstanding subsection D of this section, information may be supplied for commercial purposes, as defined in section 39‑121.03, if the information is transmitted in a machine readable form such as computer magnetic tape to the person making the request.
I. The department shall maintain for a period of at least one year a file of requests for information that shall be maintained by the name of the person whose record was requested, except those requests made by government agencies.
Sec. 6. Title 5, chapter 3, article 3, Arizona Revised Statutes, is amended by adding sections 5-326 and 5‑327, to read:
5-326. Nonresidents; registration; payment of fees; exemption
A. A nonresident owner of a watercraft who establishes this state as the state of principal operation shall register and number that watercraft pursuant to this article and pay an additional boating safety infrastructure fee assessed pursuant to section 5‑327 before placing that watercraft on the waterways of this state.
B. A member of the armed forces of the United States who is on active duty and stationed in this state for a period of at least thirty days immediately before applying for watercraft registration is exempt from this section.
C. The owner shall carry and display proof of payment of the fee required by this section in a manner prescribed by the commission while the watercraft is underway, moored or anchored on the waterways of this state.
D. Subsection A of this section does not apply to nonrecreational or commercial motorized watercraft.
5-327. Nonresident boating safety infrastructure fee; exemption
A. In accordance with section 5‑326, the commission shall assess a nonresident boating safety infrastructure fee for each watercraft registered in this state by a nonresident as defined in section 5‑301. The fees assessed pursuant to this section shall be paid in addition to the fees required pursuant to section 5‑321.
B. For the purposes of section 5‑326, subsection A, the commission shall establish the following nonresident boating safety infrastructure fees for the following watercraft:
1. Twelve feet and less $ 80.00
2. Twelve feet one inch through sixteen feet $ 88.00
3. Sixteen feet one inch through twenty feet $192.00
4. Twenty feet one inch through twenty‑six feet $224.00
5. Twenty‑six feet one inch through thirty‑nine feet $253.00
6. Thirty‑nine feet one inch through sixty‑four feet $286.00
7. Sixty-four feet one inch and over $429.00
C. The length of the motorized watercraft shall be measured in the same manner prescribed in section 5‑321, subsection C.
D. Unless the person or watercraft qualifies for an exemption pursuant to section 5‑326, no person who is subject to this section shall operate or grant permission to operate a watercraft within the boundaries of this state unless that watercraft displays a valid nonresident boating safety infrastructure decal in conformance with the rules adopted pursuant to section 5‑326.
APPROVED BY THE GOVERNOR APRIL 11, 2012.
FILED IN THE OFFICE OF THE SECRETARY OF STATE APRIL 12, 2012.
