Pre-filed December 1, 1996, and 1,000 copies ordered printed.

Read 2nd time January 13, 1997, and referred to the Committee on Agriculture, Conservation, Parks and Tourism.

Reported from the Committee January 30, 1997, with recommendation that the bill do pass, with Senate Committee Amendment No. 1.

Taken up for Perfection February 18, 1997. Bill declared Perfected and Ordered printed, as amended.

TERRY L. SPIELER, Secretary.

S0209.01P

To repeal section 306.100, RSMo 1994, and sections 306.010 and 306.016, RSMo Supp. 1996, relating to watercraft regulations, and to enact in lieu thereof three new sections relating to the same subject.

Be it enacted by the General Assembly of the State of Missouri, as follows:

     Section A. Section 306.100, RSMo 1994, and sections 306.010 and 306.016, RSMo Supp. 1996, are repealed and three new sections enacted in lieu thereof, to be known as sections 306.010, 306.100 and 306.016, to read as follows:

     306.010. As used in this chapter the following terms mean:

     (1) "Motorboat", any vessel propelled by machinery, whether or not such machinery is a principal source of propulsion;

     (2) "Operate", to navigate or otherwise use a motorboat or a vessel;

     (3) "Operator", the person who operates or has charge of the navigation or use of a vessel;

     (4) "Owner", a person other than a lienholder, having the property in or title to a motorboat. The term includes a person entitled to the use or possession of a motorboat subject to an interest of another person, reserved or created by agreement and securing payment or performance of an obligation, but the term excludes a lessee under a lease not intended as security;

     (5) "Parasailing", the towing of any person equipped with a parachute or kite equipment by any watercraft operating on the waters of this state;

     (6) "Personal watercraft", a class of vessel, which is less than sixteen feet in length, propelled by machinery which is designed to be operated by a person sitting, standing or kneeling on the vessel, rather than being operated by a person sitting or standing inside the vessel;

     (7) "Racing shell", "racing kayak" and "rowing scull", a manually propelled watercraft that is recognized by national or international racing associations for use in competitive racing and one in which all occupants row, scull or paddle, and is not designed to carry and does not carry any equipment not solely for competitive racing;

     [(7)] (8) "Vessel", every motorboat and every description of motorized watercraft, and any watercraft more than twelve feet in length which is powered by sail alone or by a combination of sail and machinery, used or capable of being used as a means of transportation on water, but not any watercraft having as the only means of propulsion a paddle or oars;

     [(8)] (9) "Watercraft", any boat or craft, including a vessel, used or capable of being used as a means of transport on waters;

     [(9)] (10) "Waters of this state", any waters within the territorial limits of this state and lakes constructed or maintained by the United States Army Corps of Engineers except bodies of water owned by a person, corporation, association, partnership, municipality or other political subdivision, public water supply impoundments, and except drainage ditches constructed by a drainage district, but the term does include any body of water which has been leased to or owned by the state department of conservation.

     306.016. 1. By January 1, 1995, the owner of any vessel documented by the United States Coast Guard on August 28, 1994, and the new owner of any vessel purchased after August 28, 1994, who upon the sale or transfer of the vessel desires to document the vessel with the United States Coast Guard, shall apply for a vessel certificate of registration and pay a certification fee of seven dollars and fifty cents, an initial registration fee in an amount equal to the amount required for a certificate of number under section 306.030 and all applicable state and local or in lieu watercraft taxes as provided by law in effect on the date the vessel was documented or submit proof that all applicable registration fees have been paid to the department of revenue and all applicable taxes or in lieu watercraft taxes have been paid in this or another state. Such application shall include the county in which such vessel will be normally maintained by the new owner. A certificate of registration and a set of registration decals in a form the director shall prescribe shall be issued for a documented vessel. A Missouri resident shall make application for a vessel certificate of registration within thirty days of acquiring or bringing the vessel into this state. A nonresident shall make application for a vessel certificate of registration within sixty days after acquiring a vessel in this state or bringing a vessel into this state if the vessel will be kept in this state for a period in excess of sixty consecutive days. A delinquency penalty fee of ten dollars shall be imposed for each thirty days of delinquency, not to exceed a total of thirty dollars. If the director of revenue learns that any person has failed to make application for a vessel certificate of registration in accordance with this section or has sold a vessel documented by the United States Coast Guard without obtaining a certificate of registration as provided in this section, the director shall cancel the registration of all vessels and outboard motors registered in the name of the person, either as sole owner or a coowner, and shall notify the person that the cancellation will remain in force until the person pays the delinquency penalty fee together with all fees, charges, and payments which the person should have paid in connection with the vessel certificate of registration. A penalty fee or cancellation may only be imposed under this section upon a person who documented a vessel with the United States Coast Guard prior to August 28, 1994, if that person has received at least thirty days notice that registration of such vessel is required with the department of revenue.

     2. A boat or vessel documented by the United States Coast Guard or other agency of the federal government and operated on the waters of this state shall not be liable for the payment of any state or local sales or use tax on the purchase, but shall be liable for the payment of an in lieu watercraft tax, which is hereby imposed. The in lieu watercraft tax shall be collected by the director of revenue and deposited in the state treasury to the credit of general revenue and shall be appropriated for use by the Missouri state water patrol. Watercraft dealers in this state shall report to the director of revenue on forms furnished by the director the sale of each watercraft sold to a resident of this state. If the watercraft is registered and licensed pursuant to the provisions of this chapter and all applicable sales taxes have been paid, the director shall not collect the in lieu tax imposed by this subsection. If the watercraft is registered with the United States Coast Guard or other agency of the federal government and not under the provisions of this chapter the director shall bill the purchaser of the watercraft for the in lieu tax imposed by this subsection. Any person who fails to pay the in lieu tax due under this section, within thirty days after receipt of the bill from the director of revenue, shall be liable to the same penalties imposed by law for failure to pay sales and use taxes due the state. The in lieu tax shall be determined as follows: PURCHASE PRICE OF WATERCRAFT     TAX DUE

     $50,000 or less          &nb sp     $ 650.00

     $50,001 to $100,000                 1,250.00

     $100,001 to $150,000                 1,850.00

     $150,001 to $200,000                 2,450.00

     $200,001 and above                 3,050.00

     3. The registration decals for any vessel documented by the United States Coast Guard shall be in force and effect for a period of three years so long as the vessel is owned or held by the original holder of the certificate of registration and shall be renewed upon application and payment of a registration renewal fee equal to the amount required for a certificate of number under section 306.030. The owner shall attach the registration decals to both sides of the forward half of the bow of the documented vessel in a place that is fully visible.

     4. The department of revenue may issue a temporary vessel certificate of registration authorizing the operation of a vessel to be documented by the United States Coast Guard for not more than sixty days. The temporary registration shall be made available by the department of revenue and may be purchased from the department of revenue or from a dealer upon proof of purchase of a vessel. The department shall make temporary certificates of registration available to registered dealers in this state in sets of ten. The fee for the temporary certificates of registration shall be five dollars each. No dealer shall charge more than five dollars for each temporary certificate of registration issued. The temporary registration shall be valid for a period of sixty days from the date of issuance by the department of revenue to the purchaser of the vessel or from the date of sale of the vessel by a dealer from which the purchaser obtains a certificate of registration. The temporary certificate of registration shall be issued on a form prescribed by the department of revenue and issued only for the purchaser's use in the operation of the vessel purchased to enable the purchaser to legally operate the vessel while a certificate of registration is being obtained, and shall be displayed on no other vessel. Temporary certificates of registration issued under this section shall not be transferable or renewable and shall not be valid upon issuance of a proper certificate of registration. The dealer or authorized agent shall insert the date of issuance and expiration date, year, make and the manufacturer's identification number of the vessel on the temporary registration when issued to the purchaser. The dealer shall complete the information on the temporary registration in full. Every dealer that issues a temporary certificate of registration shall keep, for inspection by authorized officers, a correct record of each temporary certificate of registration issued by the dealer by recording the registration number, purchaser's name and address, year, make and manufacturer's identification number of the vessel on which the temporary certificate of registration is to be used and the date of issuance.

     5. Upon the sale or transfer of any vessel documented by the United States Coast Guard for which a certificate of registration has been issued, the registration shall be terminated. If the new owner elects to have the vessel documented by the United States Coast Guard, the new owner shall submit, in addition to the properly assigned certificate of registration, proof of release from the documentation provided by the United States Coast Guard and shall comply with the provisions of this section. If the new owner elects not to document the vessel with the United States Coast Guard, the owner shall comply with the applicable provisions of this chapter.

     6. The certificate of registration shall be available at all times for inspection on the vessel for which it is issued, whenever the vessel is in operation.

     306.100. 1. For the purpose of this section, vessels shall be divided into four classes as follows:

     (1) Class A, less than sixteen feet in length;

     (2) Class 1, at least sixteen and less than twenty-six feet in length;

     (3) Class 2, at least twenty-six and less than forty feet in length;

     (4) Class 3, forty feet and over.

     2. All vessels shall display from sunset to sunrise the following lights when under way, and during such time no other lights which may be mistaken for those prescribed shall be exhibited:

     (1) Vessels of classes A and 1:

     (a) A bright white light aft to show all around the horizon;

     (b) A combined light in the forepart of the vessel and lower than the white light aft, showing green to starboard and red to port, so fixed as to throw the light from right ahead to two points (22 1/2 degrees) abaft the beam on their respective sides.

     (2) Vessels of classes 2 and 3:

     (a) A bright white light in the forepart of the vessel as near the stem as practicable, so constructed as to show the unbroken light over an arc of the horizon of twenty points (225 degrees) of the compass, so fixed as to throw the light ten points (112 1/2 degrees) on each side of the vessel; namely, from right ahead to two points (22 1/2 degrees) abaft the beam on either side;

     (b) A bright white light aft to show all around the horizon and higher than the white light forward;

     (c) On the starboard side a green light so constructed as to show an unbroken light over an arc of the horizon of ten points (112 1/2 degrees) of the compass, so fixed as to throw the light from right ahead to two points (22 1/2 degrees) abaft the beam on the starboard side; on the port side a red light so constructed as to show an unbroken light over an arc of the horizon of ten points (112 1/2 degrees) of the compass, so fixed as to throw the light from right ahead to two points (22 1/2 degrees) abaft the beam on the portside. The side lights shall be fitted with inboard screens so set as to prevent these lights from being seen across the bow.

     (3) Vessels of classes A and 1 when propelled by sail alone shall exhibit the combined light prescribed by this section and a twelve point (135 degree) white light aft. Vessels of classes 2 and 3, when so propelled, shall exhibit the colored side lights, suitably screened, prescribed by this section and a twelve point (135 degree) white light aft.

     (4) All vessels between the hours of sunset and sunrise that are not under way, moored at permanent dockage or attached to an immovable object on shore so that they do not extend more than fifty feet from the shore shall display one three-hundred-sixty-degree white light visible three hundred sixty degrees around the horizon.

     (5) Every white light prescribed by this section shall be of such character as to be visible at a distance of at least two miles. Every colored light prescribed by this section shall be of such character as to be visible at a distance of at least one mile. The word "visible" in this subsection, when applied to lights, shall mean visible on a dark night with clear atmosphere.

     (6) When propelled by sail and machinery every vessel shall carry the lights required by this section for a motorboat propelled by machinery only.

     3. Any watercraft not defined as a vessel shall, from sunset to sunrise, carry, ready at hand, a lantern or flashlight showing a white light which shall be exhibited in sufficient time to avert collision.

     4. Any vessel may carry and exhibit the lights required by the federal regulations for preventing collisions at sea, in lieu of the lights required by subsection 2 of this section.

     5. All other watercraft over sixty-five feet in length and those propelled solely by wind effect on the sail shall display lights prescribed by federal regulations.

     6. Any watercraft used by a person engaged in the act of sport fishing is not required to display any lights required by this section if no other vessel is within the immediate vicinity of the first vessel, the vessel is using an electric trolling motor and the vessel is within fifty feet of the shore.

     7. Every [vessel, except those in class A,] watercraft sixteen feet or more in length except canoes shall have on board at least one wearable personal flotation device of type I, II or III for each person on board and each person being towed who is not wearing one. Every such [vessel] watercraft shall also have on board at least one type IV throwable personal flotation device. Every canoe sixteen feet or more in length shall have on board at least one type IV throwable personal flotation device for each person on board.

     8. [All class A motorboats and] All watercraft under sixteen feet in length traveling on the waters of this state shall have on board at least one type I, II[, III or IV] or III personal flotation device for each person on board and each person being towed who is not wearing one. The following shall be exempt to the provisions of subsection 7 of this section and this subsection:

     (1) Canoes and kayaks sixteen feet in length and over are exempted from the requirements for carriage of the additional type IV personal flotation device;

     (2) Sailboards, racing shells, racing canoes, racing kayaks and rowing sculls are exempted from the requirements for carriage of any type of personal flotation device;

     (3) A type V personal flotation device may be carried in lieu of any personal flotation device required in subsection 7 of this section or this subsection, provided that, the device has a United States Coast Guard approval label and that the device is being used in accordance with any requirements on the label or owners manual.

     9. All lifesaving devices required by subsections 7 and 8 of this section shall be United States Coast Guard approved, in serviceable condition and so placed as to be readily accessible.

     10. Every vessel which is carrying or using flammable or toxic fluid in any enclosure for any purpose, and which is not an entirely open vessel, shall have an efficient natural or mechanical ventilation system which must be capable of removing resulting gases prior to and during the time the vessel is occupied by any person.

     11. Motorboats shall carry on board at least the following United States Coast Guard approved fire extinguishers:

     (1) Every class A and every class 1 motorboat carrying or using gasoline or any other flammable or toxic fluid, one B1 type fire extinguisher;

     (2) Every class 2 motorboat, one B2 or two B1 type fire extinguishers;

     (3) Every class 3 motorboat:

     (a) Three B1 type fire extinguishers; or

     (b) One B2 type and one B1 type fire extinguisher; or

     (c) A fixed fire extinguishing system and one B2 type fire extinguisher; or

     (d) A fixed fire extinguishing system and two B1 type fire extinguishers.

     12. All class 1 and 2 motorboats and vessels shall have a sounding device. All class 3 motorboats and vessels shall have at least a sounding device and one bell.

     13. No person shall operate any watercraft which is not equipped as required by this section.

     14. A Missouri state water patrol officer may direct the operator of any watercraft being operated without sufficient personal flotation devices, fire-fighting devices or in an overloaded or other unsafe condition or manner to take whatever immediate and reasonable steps are necessary for the safety of those aboard when, in the judgment of the officer, such operation creates a hazardous condition. The officer may direct the operator to return the watercraft to the nearest safe mooring and to remain there until the situation creating the hazardous condition is corrected.

     15. A Missouri state water patrol officer may remove any unmanned or unattended watercraft from the water when, in the judgment of the officer, the watercraft creates a hazardous condition.