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S.B. 148
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BOAT REGISTRATION AMENDMENTS
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2007 GENERAL SESSION
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STATE OF UTAH
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Chief Sponsor: Michael G. Waddoups
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House Sponsor:
John G. Mathis
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LONG TITLE
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General Description:
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This bill authorizes the Board of Parks and Recreation to set the boat registration fee.
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Highlighted Provisions:
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This bill:
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. removes the maximum boat registration fee;
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. authorizes the Board of Parks and Recreation to set the boat registration fee by
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following the fee schedule statute; and
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. makes technical corrections.
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Monies Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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AMENDS:
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73-18-7, as last amended by Chapter 317, Laws of Utah 2003
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
73-18-7
is amended to read:
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73-18-7. Registration requirements -- Exemptions -- Agents -- Records -- Period
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of registration and renewal -- Expiration -- Notice of transfer of interest or change of
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address -- Duplicate registration card -- Invalid registration -- Powers of board.
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(1) (a) [Each] Except as provided by Section
73-18-9
, the owner of each motorboat and
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sailboat on the waters of this state shall [be registered, unless it is exempt from registration as
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provided for in Section
73-18-9
] register it with the division as provided in this chapter.
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(b) A person may not place, [or] give permission for the placement of, [a motorboat or
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sailboat on any waters of this state or] operate, or give permission for the operation of a
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motorboat or sailboat on the waters of this state, unless the motorboat or sailboat is registered
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[in accordance with] as provided in this chapter [or is exempt from registration as provided for
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in Section
73-18-9
].
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(2) (a) The owner of [each] a motorboat or sailboat required to be registered [by this
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state] shall file an application for registration with the division on forms approved by the
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division.
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(b) [(i)] The [application shall be signed by the] owner of the motorboat or sailboat
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[and accompanied by a] shall sign the application and pay the fee set by the board in
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accordance with Section
63-38-3.2
.
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[(ii) This fee may not exceed $10 per year.]
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(c) [The division, before issuing] Before receiving a registration card and registration
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decals, [shall require from each] the applicant shall provide the division with a certificate from
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the county assessor of the county in which the motorboat or sailboat has situs for taxation
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[containing one of the following statements], stating that:
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(i) the property tax on the motorboat or sailboat for the current year has been paid;
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(ii) in the county assessor's opinion, the property tax is a lien on real property sufficient
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to secure the payment of the property tax; or
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(iii) the motorboat or sailboat is exempt by law from payment of property tax for the
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current year.
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(3) (a) Upon receipt of the application in the approved form, the division shall record
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the receipt and issue to the applicant registration decals and a registration card [which] that
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state the number assigned to the motorboat or sailboat and the name and address of the owner.
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(b) The registration card shall be available for inspection on the motorboat or sailboat
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for which it was issued, whenever that motorboat or sailboat is in operation.
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(4) The assigned number shall:
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(a) be painted or permanently attached to each side of the forward half of the motorboat
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or sailboat;
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(b) consist of plain vertical block characters not less than three inches in height;
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(c) contrast with the color of the background and be distinctly visible and legible;
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(d) have spaces or hyphens equal to the width of a letter between the letter and numeral
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groupings; and
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(e) read from left to right.
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(5) [Any vessel] A motorboat or sailboat with a valid marine document issued by the
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United States Coast Guard is exempt from the number display requirements of Subsection (4).
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(6) The nonresident owner of any motorboat or sailboat already covered by a valid
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number[, which] that has been assigned to it [pursuant] according to federal law or a federally
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approved numbering system of [his] the owner's resident state[, shall be] is exempt from
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registration while operating the motorboat or sailboat on the waters of this state unless [he] the
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owner is operating in excess of the reciprocity period provided for in Subsection
73-18-9
(1).
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(7) (a) If the ownership of a motorboat or sailboat changes, the new owner shall file a
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new application form [with the] and fee [shall be filed] with the division, and the division shall
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issue a new registration card and registration decals [shall be issued] in the same manner as
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provided for in Subsections (2) and (3).
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(b) The division shall reassign the current number assigned to the [vessel shall be
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reassigned] motorboat or sailboat to the new owner to display on the motorboat or sailboat.
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(8) If the United States Coast Guard has in force an overall system of identification
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numbering for motorboats or sailboats within the United States, the numbering system
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employed under this chapter by the board shall [be in conformity] conform with that system.
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(9) (a) The division may authorize any person to act as its agent for the registration of
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motorboats and sailboats. [Any]
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(b) A number assigned [and any], a registration card, and registration decals issued by
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an agent of the division in conformity with this chapter and rules of the board [shall be] are
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valid.
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(10) (a) [All] The Motor Vehicle Division shall classify all records of the division
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made or kept [pursuant] according to this section [shall be classified by the Motor Vehicle
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Division] in the same manner [as] that motor vehicle records are classified under Section
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41-1a-116
.
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(b) Division records are available for inspection in the same manner as motor vehicle
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records pursuant to Section
41-1a-116
.
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(11) (a) (i) Each registration, registration card, and decal issued under this chapter shall
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continue in effect for [a period of] 12 months, beginning with the first day of the calendar
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month of registration.
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(ii) A registration may be renewed by the owner in the same manner provided for in the
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initial application.
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(iii) The division shall reassign the current number assigned to the [vessel shall be
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reassigned] motorboat or sailboat when the registration is renewed.
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(b) Each registration, registration card, and registration decal expires the last day of the
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month in the year following the calendar month of registration.
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(c) If the last day of the registration period falls on a day in which the appropriate state
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or county offices are not open for business, the registration of the motorboat or sailboat is
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extended to 12 midnight of the next business day.
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(d) The division may receive applications for registration renewal and issue new
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registration cards at any time [prior to] before the expiration of the registration, subject to the
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availability of renewal materials.
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(e) The new registration shall retain the same expiration month as recorded on the
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original registration even if the registration has expired.
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(f) The year of registration shall be changed to reflect the renewed registration period.
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(g) If the registration renewal application is an application generated by the division
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through its automated system, the owner [need not] is not required to surrender the last
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registration card or duplicate.
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(12) (a) [The] An owner shall notify the division of:
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(i) the transfer of all or any part of [his] the owner's interest, other than creation of a
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security interest, in a motorboat or sailboat registered in this state under Subsections (2) and (3)
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[or of]; and
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(ii) the destruction or abandonment of the owner's motorboat or sailboat.
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(b) [This notification] Notification must take place within 15 days of the transfer,
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destruction, or abandonment.
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(c) (i) The transfer, destruction, or abandonment of a motorboat or sailboat terminates
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its registration [except if].
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(ii) Notwithstanding Subsection (12)(c)(i), a transfer of a part interest [which] that does
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not affect the owner's right to operate a motorboat or sailboat[, the transfer shall] does not
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terminate the registration.
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(13) (a) [The] A registered owner shall notify the division within 15 days if [his] the
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owner's address changes from the address appearing on the registration card and shall, as a part
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of this notification, furnish the division with his new address.
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(b) The board may provide in its rules for:
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(i) the surrender of the registration card bearing the former address; and [its]
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(ii) (A) the replacement of the card with a new registration card bearing the new
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address[,]; or [for]
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(B) the alteration of an [outstanding] existing registration card to show the owner's new
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address [of the holder].
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(14) (a) If [the] a registration card is lost or stolen, the division may collect a fee of $4
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[may be collected by the division] for the issuance of a duplicate card.
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(b) If [the] a registration [decals are] decal is lost or stolen, the division may collect a
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fee of $3 [may be collected by the division] for the issuance of a duplicate [decals] decal.
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(15) A number other than the number assigned to a motorboat or sailboat or a number
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for a motorboat or sailboat granted reciprocity under this chapter may not be painted, attached,
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or otherwise displayed on either side of the bow of a motorboat or sailboat.
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(16) A motorboat or sailboat registration and number [shall be] are invalid if obtained
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by knowingly falsifying an application for registration.
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(17) The board may[: (a)] designate the suffix to assigned numbers[;], and by following
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the procedures and requirements of Title 63, Chapter 46a, Utah Administrative Rulemaking
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Act, make rules for:
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[(b) adopt rules for] (a) the display of registration decals;
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[(c) adopt rules for] (b) the issuance and display of dealer numbers and registrations;
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and
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[(d) adopt rules for] (c) the issuance and display of temporary registrations.
Legislative Review Note
as of 1-17-07 2:02 PM