ORIGINAL HOUSE                                   ENGROSSED

BILL   NO.  0008

 

ENROLLED ACT NO. 50,  HOUSE OF REPRESENTATIVES

 

FIFTY-SIXTH LEGISLATURE OF THE STATE OF WYOMING

2001 GENERAL SESSION

 

 

 

 

AN ACT relating to watercraft; expanding and clarifying
motorboat registration and numbering provisions; increasing
fees; expanding and clarifying watercraft accident
reporting requirements; imposing and clarifying penalties;
prohibiting specified acts by watercraft operators;
clarifying regulatory requirements as specified; specifying
and clarifying law enforcement provisions and authorizing
seizure of watercraft; and providing for an effective date.

 

Be It Enacted by the Legislature of the State of Wyoming:

 

Section 1.  W.S. 41-13-220 is created to read:

 

41-13-220.  Eluding an officer; emergency watercraft
equipment restricted.

 

(a)  Any person operating a watercraft shall upon
observing a visual or hearing an audible signal from a law
enforcement officer enforcing this act and rules and
regulations of the commission, bring the watercraft to an
immediate stop. No person, after observing a visual or
hearing an audible signal from a law enforcement officer
enforcing this act and rules and regulations of the
commission, shall attempt to elude a law enforcement
officer by watercraft or any other means.

 

(b)  Red or blue rotating or flashing lights shall not
be displayed and sirens shall not be used on watercraft
except as authorized for watercraft operated or used by law
enforcement and emergency watercraft.

 

Section 2.  W.S. 41-13-101(a)(ix), 41-13-102,
41-13-104(b), (f), (h), (k) and (m), 41-13-105(b) and by
creating new subsections (c) through (e), 41-13-106,
41-13-111, 41-13-208, 41-13-209(a) and (b), 41-13-211(a),

 

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41-13-215, 41-13-216(a) and (c) and 41-13-219 are amended
to read:

 

41-13-101.  Definitions; classification of motorboats.

 

(a)  As used in this act:

 

(ix)  "This act" means W.S. 41-13-101 through
41-13-219 41-13-220.

 

41-13-102.  Motorboat certificate of number required.

 

(a)  Every motorboat Except as provided by W.S.
41-13-103, all motorboats
powered by a motor of more than
five (5) horsepower
propulsion machinery of any type and
operated on the waters of this state shall be numbered.
except as provided in W.S. 41-13-103.

 

(b)  No person shall operate or give permission for
nor shall the owner permit the operation of any motorboat
unless:

 

(i)  The motorboat is numbered in accordance with
this act, with applicable federal law or with a federally
approved numbering system of another state;, and unless

 

(ii)  The certificate of number awarded to issued
for
the motorboat is in full force and effect; and

 

(iii)  The identifying number set forth in the
certificate of number is displayed on each side of the bow
of the motorboat.

 

41-13-104.  Application for certificate; issuance of
certificate and assignment of number; conformity with
federal numbering system; expiration and renewal of

 

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certificate; transfer of ownership; duplicate certificate;
manufacturer and dealer certificates.

 

(b)  The owner of any motorboat for which a current
certificate of number has been awarded issued pursuant to
any federal law or a federally approved numbering system of
another state shall, if such the motorboat is operated on
the waters of
remains in this state in excess of ninety
(90) consecutive days and is operated on the waters of this
state at any time during this ninety (90) day period
, make
application
apply for a certificate of number therefor in
the manner prescribed in subsection (a) of this section.

 

(f)  Every Each certificate of number awarded issued
under this act expires annually on December 31 of the last
year of valid registration under the certificate
unless
sooner terminated or discontinued under this act. A
duplicate number may be obtained by owners, an owner upon
application to the department, by the which may require
payment of a fee of one dollar ($1.00) not more than five
dollars ($5.00)
. Certificates of number may be renewed by
the owner in the same manner provided under this act for in
the
obtaining initial securing of the same certification.

 

(h)  The purchaser of a motorboat may operate the
motorboat for fifteen (15) thirty (30) calendar days from
the date of purchase without a new certificate of number if
upon demand by a person authorized to enforce this act, the
new owner can furnish proof of ownership and the date the
motorboat was acquired. Upon transfer of ownership of a
motorboat, the current certificate of number may be
transferred to the new owner upon application by the new
owner
to the department., giving Application by the new
owner shall include
his name, address and the certificate
of
number of the boat and upon motorboat, together with
payment of the registration fee prescribed by W.S.

 

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41-13-109 and presentation of proof of transfer. Upon
receipt of application and fee, the department shall
transfer the certificate of number issued for the motorboat
to the new owner. Unless the application is made and fee
paid within fifteen (15) thirty (30) days, the motorboat
shall be deemed to be is without certificate of number and
it is unlawful for any no person to shall operate the
motorboat until the a certificate is issued.

 

(k)  If any certificate of number becomes is lost,
mutilated or becomes illegible, the owner of the motorboat
for which the certificate was issued may obtain a duplicate
of the certificate upon application therefor and to the
department. The department may set and collect
payment of a
fee of one dollar ($1.00) for a duplicate certificate not
to exceed five dollars ($5.00)
.

 

(m)  A person engaged in the manufacture or sale of
motorboats may, upon application to the department upon
forms prescribed by it, may
in the manner and on forms
prescribed by rule and regulation,
obtain certificates of
number for use in the testing or demonstrating of those
these motorboats. upon payment of three dollars ($3.00) The
fee
for each registration under this subsection shall be
fifteen dollars ($15.00)
. The numbers assigned by
c
ertificates of number so issued may be used by the
applicant in the testing or demonstrating of motorboats by
temporary placement of the numbers assigned by the
certificates
under this subsection shall be temporarily
placed
on the watercraft to be tested or demonstrated.

 

41-13-105.  Watercraft accidents or collisions; duty
to render aid; reportable accidents; operators required to
report; accident investigation; seizure of watercraft.

 

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(b)  In the case of If a collision, accident or other
casualty involving a watercraft, the operator thereof, if
the collision, accident or other casualty
results in death
or injury to a person requiring medical treatment beyond
first aid, the disappearance of any person from the
watercraft under circumstances which indicate the
possibility of death or injury,
or damage to property in
excess of two hundred fifty dollars ($250.00) five hundred
dollars ($500.00)
, the watercraft operator shall
immediately provide notice of the accident to any Wyoming
law enforcement agency or peace officer of this state. For
purposes of this section, accidents include capsizing,
flooding, fire, explosion, disappearance of the watercraft

other than by theft and all collision accidents involving
other watercraft or fixed or floating objects.

 

(c)  The operator of any watercraft involved in a
reportable watercraft accident as defined under subsection
(b) of this section shall immediately provide notice of the
accident to any Wyoming law enforcement agency or peace
officer. If a watercraft operator is not able to provide
notice under this subsection, another adult person on the
watercraft at the time of the accident may provide the
required notice. Notice under this subsection shall to the
extent reasonably known, contain the following information:

 

(i)  For each watercraft involved in the
accident, the identifying number assigned by the
certificate of number issued to the watercraft;

 

(ii)  The location, time and date of the
accident;

 

(iii)  The name, address and age of the operator
of each watercraft involved in the accident;

 

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(iv)  If not operating the watercraft at the time
of the accident, the name and address of the watercraft
owner;

 

(v)  The name and address of any person injured,
killed or missing as a result of the accident;

 

(vi)  The nature and extent of each injury
resulting from the accident;

 

(vii)  A description of any property damage
resulting from the accident;

 

(viii)  The name and address of any passengers on
the watercraft at the time of the accident.

 

(d)  In addition to subsection (c) of this section,
the watercraft operator shall within ten (10) days after
the date of the accident,
file with the department within
ten (10) days
a full description of the collision, accident
or other casualty., including such information as the
commission may, by regulation, require
The report required
under this subsection shall be submitted on a boating
accident report form approved by the department and
obtained from the investigating law enforcement agency or
peace officer. The department shall provide forms required
under subsection (c) of this section and this subsection to
the appropriate law enforcement agencies and peace
officers
. The report shall not be referred to in any way,
and shall not be used as evidence, in any judicial
proceeding.

 

(e)  If the cause of any reportable watercraft
accident as defined under subsection (b) of this section
cannot be immediately determined during the investigation
of the accident by the appropriate peace officer or law

 

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enforcement agency and the watercraft is necessary for
investigative purposes, the officer or agency may
temporarily seize and hold any watercraft involved in the
accident.

 

41-13-106.  Accident report information to federal
government.

 

In accordance with any Upon the request duly made by of an
authorized official or agency of the United States, any
information compiled or otherwise available to the
department pursuant to W.S. 41-13-105(b) 41-13-105 shall be
transmitted to said the requesting official or agency. of
the United States.

 

41-13-111.  Prohibited acts; penalties.

 

(a)  No person shall intentionally or knowingly
deface, alter, remove or destroy a vessel hull
identification number (HIN) or an engine or outboard motor
serial number.

 

(b)  No person shall intentionally or knowingly
provide false information in a report required pursuant to
W.S. 41-13-105(c).

 

(c)  Any person who fails to register and affix an
assigned registration number to a motorboat as required by
this act, operates an unregistered or unnumbered motorboat
unless authorized by this act, or fails to report a
watercraft accident as required by W.S. 41-13-105, is
guilty of a misdemeanor and shall be fined not more than
one hundred dollars ($100.00) for each violation.

 

41-13-208.  Overloading prohibited.

 

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No Watercraft shall not be loaded with passengers or cargo
beyond its safe carrying capacity as stated on the capacity
plate and affixed to the watercraft by the manufacturer,
taking into consideration weather and other existing
operating conditions. Capacity plates shall not be removed
or altered.

 

41-13-209.  Overpowered watercraft prohibited;
horsepower rating plates; mufflers required.

 

(a)  No watercraft shall be equipped with any motor or
other propulsion machinery that has a horsepower rating
exceeding the stated maximum placed on the watercraft by
the manufacturer or beyond its safe power capacity taking
into consideration the type and construction of the
watercraft and other existing operating conditions.
Horsepower rating plates shall not be removed or altered
stated on the capacity plate approved and issued by the
United States coast guard and affixed to the watercraft by
the manufacturer
.

 

(b)  Every motorboat Motorboats shall be equipped,
maintained and operated so as to prevent excessive or
unusually loud noise. Every motorboat and shall at all
times be equipped with a muffler or shall use another
method of noise suppression in good working order and in
constant operation. No person shall operate or allow the
operation of any motorboat equipped with an altered muffler
or muffler cutout, bypass or other devise designed or
installed to continually or intermittently bypass or
otherwise reduce or eliminate the effectiveness of any
muffler or muffler system.

 

41-13-211.  Buoys and markers; operation in marked
restricted areas prohibited; exceptions.

 

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(a)  The commission shall regulate the type and use of
watercraft on the waters of the state and the placement of
such buoys, or markers as deemed or regulatory signs
necessary to provide for the safety and welfare of the
public. Watercraft operators shall operate watercraft in
accordance with restrictions and regulations specified on
the buoys, markers or signs.
No waterway marker regulating
watercraft use shall be placed on, in or near the waters of
the state unless approval has been obtained in accordance
with commission regulations.

 

41-13-215.  Enforcement.

 

(a)  The game and fish department law enforcement
officers shall and at the discretion of such officers, and
any
other peace officers of the state or any of its
political subdivisions otherwise authorized by law may
enforce the provisions of this act and authorized rules and
regulations of the commission.

 

(b)  For purposes of this section, any game and fish
department law enforcement officer and any other peace
officer may:

 

(i)  Stop, halt, inspect or board any watercraft;

 

(ii)  If there is probable cause to believe a
watercraft and associated trailer are stolen, seize the
watercraft and associated trailer. A defaced, altered,
removed or destroyed vessel hull identification number
(HIN) is prima facia evidence that the watercraft and
trailer are stolen.

 

41-13-216.  Penalties for violations; suspension of
privilege to operate; operating while privilege suspended.

 

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(a)  Any person who violates or fails to comply with a
duty required by
W.S. 41-13-207 through 41-13-212,
41-13-219 or 41-13-220(b)
is guilty of a misdemeanor
punishable by a fine of not more than one hundred dollars
($100.00)
two hundred dollars ($200.00), imprisonment for
not more than thirty (30) days, or both, and may be refused
the privilege of operating any watercraft on any of the
waterways of this state for not more than two (2) years.
Any person who violates W.S. 41-13-105, 41-13-111(a) or
(b),
41-13-203, 41-13-204, or 41-13-206 or 41-13-220(a) is
guilty of a misdemeanor punishable by a fine of not more
than seven hundred fifty dollars ($750.00), imprisonment
for not more than six (6) months, or both, and may be
refused the privilege of operating any watercraft on any of
the waterways of this state for not more than two (2)
years.

 

(c)  Any person who operates any watercraft during the
period when he has been denied the this privilege to so
operate by virtue of
under subsection (a) of this section
is guilty of a misdemeanor, and upon conviction shall be
fined not more than two hundred dollars ($200.00) seven
hundred fifty dollars ($750.00)
, imprisoned not more than
ninety (90) days six (6) months, or both, and may be
refused the privilege of operating any watercraft on any of
the waterways of this state for not more than two (2)
years
.

 

41-13-219.  Age of operator of motorboat.

 

No person shall operate or be in actual physical control of
a motorboat required to be numbered motorboat on the waters
in this state unless he is at least sixteen (16) years of
age or is accompanied by an adult. No person shall
knowingly permit the operation of a numbered motorboat on

 

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the waters of this state by a person under sixteen (16)
years of age who is not accompanied by an adult.

 

Section 3.  This act is effective January 1, 2002.

 

(END)

 

 

 

 

                                     

Speaker of the House                  President of the Senate

 

                                              

                 Governor                     

                                              

                 TIME APPROVED: _________     

                 DATE APPROVED: _________     

 

I hereby certify that this act originated in the House.

 

 

Chief Clerk

 

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