Bill Text: NC H663 | 2015-2016 | Regular Session | Amended
Bill Title: Repeal Boating Fee Increases
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced - Dead) 2015-04-14 - Ref to the Com on Finance, if favorable, Appropriations [H663 Detail]
Download: North_Carolina-2015-H663-Amended.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2015
H 1
HOUSE BILL 663
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Short Title: Repeal Boating Fee Increases. |
(Public) |
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Sponsors: |
Representative Setzer (Primary Sponsor). For a complete list of Sponsors, refer to the North Carolina General Assembly Web Site. |
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Referred to: |
Finance, if favorable, Appropriations. |
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April 14, 2015
A BILL TO BE ENTITLED
AN ACT to repeal the increases to certificate of number fees and certificate of title fees for boats enacted in the 2013 appropriations act.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 75A‑5 reads as rewritten:
"§ 75A‑5. Application for certificate of number; fees; reciprocity; change of ownership; conformity with federal regulations; records; award of certificates; renewal of certificates; transfer of partial interest; destroyed or junked vessels; abandonment; change of address; duplicate certificates; display.
(a) Application for Certificate of Number. – The owner of each vessel requiring numbering by this State shall file an application for a certificate of number with the Commission. The Commission shall furnish application forms and shall prescribe the information contained in the application form. The application shall be signed by the owner of the vessel or the owner's agent and shall be accompanied by a fee, as set out in subsection (a1) of this section. The fee does not apply to vessels owned and operated by nonprofit rescue squads if they are operated exclusively for rescue purposes, including rescue training. The owner shall have the option of selecting a one‑year numbering period or a three‑year numbering period. Upon receipt of the application in approved form, the Commission shall enter the application in its records and issue the owner a certificate of number stating the identification number awarded to the vessel and the name and address of the owner, and a validation decal indicating the expiration date of the certificate of number. The owner shall paint on or attach to each side of the bow of the vessel the identification number in such manner as may be prescribed by rules of the Commission in order that it may be clearly visible. The identification number shall be maintained in legible condition. The validation decal shall be displayed on the starboard bow of the vessel immediately following the number. The certificate of number shall be pocket size and shall be available for inspection on the vessel for which the certificate is issued at all times the vessel is in operation. Any person charged with failing to so carry a certificate of number shall not be convicted if the person produces in court a certificate of number previously issued to the owner that was valid at the time of the alleged violation.
(a1) Fees. – The fees for certificates of number are
as set out in this subsection:The fee for certificates of number are fifteen
dollars ($15.00) for a one‑year period or forty dollars ($40.00) for a
three‑year period.
(1) The fee for a certificate of number for a
one‑year period is:
a. Thirty dollars ($30.00) for a vessel that
is less than 26 feet in length.
b. Fifty dollars ($50.00) for a vessel that
is 26 feet or more in length.
(2) The fee for a certificate of number for a
three‑year period is:
a. Ninety dollars ($90.00) for a vessel that
is less than 26 feet in length.
b. One hundred fifty dollars ($150.00) for a
vessel that is 26 feet or more in length.
…
(h) Renewal of Certificates. – An owner of a vessel awarded a certificate of number pursuant to this Chapter shall renew the certificate on or before the first day of the month after which the certificate expires; otherwise, the certificate shall lapse and be void until such time as it may thereafter be renewed. Application for renewal shall be submitted on a form approved by the Commission and shall be accompanied by a fee in the amount set in subsection (a1) of this section. No fee is required for a period of one year for renewal of certificates of number that have been previously issued to commercial fishing vessels as defined in G.S. 75A‑5.1, upon compliance with all of the requirements of that section."
SECTION 2. G.S. 75A‑5.1 is reenacted as it existed immediately prior to its repeal in Section 14.22(c) of S.L. 2013‑360.
SECTION 3. G.S. 75A‑7(a)(5) is reenacted as it existed immediately prior to its repeal in Section 14.22(d) of S.L. 2013‑360.
SECTION 4. G.S. 75A‑34(a) reads as rewritten:
"§ 75A‑34. Who may apply for certificate of title; authority of employees of Commission.
(a) Any owner of a motorized vessel or sailboat 14
feet or longer or any personal watercraft, as defined in G.S. 75A‑13.3(a),
that is applying for a certificate of number for the first time in this State
pursuant to G.S. 75A‑5(a), and any new owner of a motorized vessel
or sailboat 14 feet or longer or any personal watercraft to whom ownership is
being transferred under G.S. 75A‑5(c) shall apply to the Commission
for a certificate of title for that vessel. Any other vessel may be titled in
this State at the owner's option. A vessel may not be titled in this State if
it is titled in another state, unless the current title is surrendered along
with the application for a certificate of title in this State. The Commission
shall issue a certificate of title upon reasonable evidence of ownership, which
may be established by affidavit, bill of sale, manufacturer's statement of
origin, certificate of title in this State, certificate of number or title from
another state, or other document satisfactory to the Commission. Only one
certificate of title may be issued for any vessel in this State. A vessel may
not be titled in this State if it is documented with the United States Coast Guard,
unless the documentation has expired or been deleted by the United States Coast
Guard.Guard. The Commission shall issue a certificate of title upon
receipt of a completed application, along with the appropriate fee and
reasonable evidence of ownership. The Commission shall require a manufacturer's
statement of origin for all new vessels being issued a certificate of number
and a certificate of title for the first time. The Commission may request a
pencil tracing of the hull identification number (serial number) for vessels
being transferred, in order to positively identify the vessel before issuance
of a certificate of title for that vessel."
SECTION 5. G.S. 75A‑38(b) reads as rewritten:
"(b) The Commission shall charge a fee of thirty
dollars ($30.00)twenty dollars ($20.00) to issue a new or transfer
certificate of title. The Commission shall transfer on a quarterly basis at
least ten dollars ($10.00) of each new or transfer certificate of title to the
Shallow Draft Navigation Channel Dredging and Lake Maintenance Fund established
by G.S. 143‑215.73F. The Commission shall charge a fee of ten
dollars ($10.00) for each duplicate title it issues and for the recording of a
supplemental lien."
SECTION 6. G.S. 105‑449.126 reads as rewritten:
"§ 105‑449.126.
Distribution of part of Highway Fund allocation to Wildlife Resources Fund
and Shallow Draft Navigation Channel Dredging and Lake Maintenance Fund.
(a) The Secretary shall credit to the Wildlife
Resources Fund one‑sixth of one percent (1/6 of 1%) of the amount that is
allocated to the Highway Fund under G.S. 105‑449.125 and is from the
excise tax on motor fuel. Revenue credited to the Wildlife Resources Fund under
this section may be used only for the boating and water safety activities
described in G.S. 75A‑3(c). The Secretary must credit revenue to the
Wildlife Resources Fund on a quarterly basis. The Secretary must make the
distribution within 45 days of the end of each quarter.
(b) The Secretary shall credit to the
Shallow Draft Navigation Channel Dredging and Lake Maintenance Fund one‑sixth
of one percent (1/6 of 1%) of the amount that is allocated to the Highway Fund
under G.S. 105‑449.125 and is from the excise tax on motor fuel.
Revenue credited to the Shallow Draft Navigation Channel Dredging and Lake
Maintenance Fund under this section may be used only for the dredging
activities described in G.S. 143‑215.73F. The Secretary shall credit
revenue to the Shallow Draft Navigation Channel Dredging and Lake Maintenance
Fund on a quarterly basis. The Secretary must make the distribution within 45
days of the end of each quarter."
SECTION 7. This act becomes effective October 1, 2015, and applies to applications submitted, and new or transfer certificates of title issued, on or after that date.
