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SECOND REGULAR SESSION [TRULY AGREED TO AND FINALLY PASSED] HOUSE BILL NO.
6206H02.01H HB 2885 House _____________________________________________________ Amendment NO.____ Offered By _____________________________________ ___________________________________ AMEND House Bill No.
2885 103RD GENERAL ASSEMBLY 6206H.02T 2026 AN ACT To repeal sections 306.030 and 306.127, RSMo, and to enact in lieu thereof two new sections relating to the water patrol division.
2885, Page 3, Section 306.030, Line 87, by deleting the words "June 30" and inserting in lieu thereof the words "August 28";
Be it enacted by the General Assembly of the state of Missouri, as follows:
and Further amend said bill and section, Page 4, Line 92, by deleting the words "June 30" and inserting in lieu thereof the words "August 28";
Section A.
and Further amend said bill by amending the title, enacting clause, and intersectional references accordingly.
Sections 306.030 and 306.127, RSMo, are repealed and two new sections enacted in lieu thereof, to be known as sections 306.030 and 306.127, to read as follows:
Action Taken___________________________________________ Date __________________ Page 1 of 1
306.030.
1.
The owner of each vessel requiring numbering by this state shall file an application for number with the department of revenue on forms provided by it.
The application shall contain a full description of the vessel, factory number or serial number, together with a statement of the applicant's source of title and of any liens or encumbrances on the vessel.
For good cause shown the director of revenue may extend the period of time for making such application.
The director of revenue shall use reasonable diligence in ascertaining whether the facts stated in such application are true, and, if satisfied that the applicant is the lawful owner of such vessel, or otherwise entitled to have the same registered in his or her name, shall thereupon issue an appropriate certificate of title over the director's signature and sealed with the seal of the director's office, procured and used for such purpose, and a certificate of number stating the number awarded to the vessel.
The application shall include a provision stating that the applicant will consent to any inspection necessary to determine compliance with the provisions of this chapter and shall be signed by the owner of the vessel and shall be accompanied by the fee specified in subsection 10 of this section.
The owner shall paint on or attach to each side of the bow of the vessel the identification number in a manner as may be prescribed by rules and regulations of the division of water safety in order that it may be clearly visible.
The number shall be maintained in legible condition.
The EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted from the law.
Matter in bold-face type in the above bill is proposed language.
HB 2885 2 certificate of number shall be pocket size and shall be available at all times for inspection on the vessel for which issued, whenever the vessel is in operation.
The operator of a vessel in which such certificate of number is not available for inspection by the water patrol division or, if the operator cannot be determined, the person who is the registered owner of the vessel shall be subject to the penalties provided in section 306.210.
Vessels owned by the state or a political subdivision shall be registered but no fee shall be assessed for such registration.
2.
Each new vessel sold in this state after January 1, 1970, shall have die stamped on or within three feet of the transom or stern a factory number or serial number.
3.
The owner of any vessel already covered by a number in full force and effect which has been awarded to it pursuant to then operative federal law or a federally approved numbering system of another state shall record the number prior to operating the vessel on the waters of this state in excess of the sixty-day reciprocity period provided for in section 306.080.
The recordation and payment of registration fee shall be in the manner and pursuant to the procedure required for the award of a number under subsection 1 of this section.
No additional or substitute number shall be issued unless the number is a duplicate of an existing Missouri number.
4.
In the event that an agency of the United States government shall have in force an overall system of identification numbering for vessels within the United States, the numbering system employed pursuant to this chapter by the department of revenue shall be in conformity therewith.
5.
All records of the department of revenue made and kept pursuant to this section shall be public records.
6.
A permanent certificate of number may be issued upon application and payment of three times the fee specified for the vessel under this section and three times any processing fee applicable to a three-year certificate of number for the vessel.
Permanent certificates of number shall not be transferred to any other person or vessel, or displayed on any vessel other than the vessel for which it was issued, and shall continue in force and effect until terminated or discontinued in accordance with the provisions of this chapter.
Every other certificate of number awarded pursuant to this chapter shall continue in force and effect for a period of three years unless sooner terminated or discontinued in accordance with the provisions of this chapter.
Certificates of number may be renewed by the owner in the same manner provided for in the initial securing of the same or in accordance with the provisions of sections 306.010 to 306.030.
7.
The department of revenue shall fix the days and months of the year on which certificates of number due to expire during the calendar year shall lapse and no longer be of any force and effect unless renewed pursuant to this chapter and may stagger such dates in order to distribute the workload.
HB 2885 3 8.
When applying for or renewing a vessel's certificate of number, the owner shall submit a paid personal property tax receipt for the tax year which immediately precedes the year in which the application is made or the year in which the renewal is due and which reflects that the vessel being renewed is listed as personal property and that all personal property taxes, including delinquent taxes from prior years, have been paid, or a statement certified by the county or township in which the owner's property was assessed showing that the state and county tangible personal property taxes for such previous tax year and all delinquent taxes due have been paid by the applicant or that no such taxes were due.
9.
When applying for or renewing a certificate of registration for a vessel documented with the United States Coast Guard under section 306.016, owners of vessels shall submit a paid personal property tax receipt for the tax year which immediately precedes the year in which the application is made or the renewal is due and which reflects that the vessel is listed as personal property and that all personal property taxes, including delinquent taxes from prior years, have been paid, or a statement certified by the county or township in which the owner's property was assessed showing that the state and county tangible personal property taxes for such previous tax year and all delinquent taxes due have been paid by the applicant or that no such taxes were due.
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10.
The fee to accompany each application for a certificate of number is:
For vessels under 16 feet in length $25.00 For vessels at least 16 feet in length but less than 26 feet in length $55.00 For vessels at least 26 feet in length but less than 40 feet in length $100.00 For vessels at least 40 feet and over $150.00 11.
The certificate of title and certificate of number issued by the director of revenue shall be manufactured in a manner to prohibit as nearly as possible the ability to alter, counterfeit, duplicate, or forge such certificate without ready detection.
12.
For fiscal years ending before July 1, 2019, the first two million dollars collected annually under the provisions of this section shall be deposited into the state general revenue fund.
All fees collected under the provisions of this section in excess of two million dollars annually shall be deposited in the water patrol division fund and shall be used exclusively for the water patrol division.
13.
Beginning July 1, 2019, and ending August 28, 2026, the first one million dollars collected annually under the provisions of this section shall be deposited into the state general revenue fund.
All fees collected under the provisions of this section in excess of one HB 2885 4 million dollars annually shall be deposited in the water patrol division fund and shall be used exclusively for the water patrol division.
14.
All fees collected under the provisions of this section after August 28, 2026, shall be deposited in the water patrol division fund and shall be used exclusively for the water patrol division.
15.
Notwithstanding the provisions of subsection 10 of this section, vessels at least sixteen feet in length but less than twenty-eight feet in length, that are homemade, constructed out of wood, and have a beam of five feet or less, shall pay a fee of fifty-five dollars which shall accompany each application for a certification number.
306.127.
1.
Beginning January 1, 2005, every person born after January 1, 1984, and before January 1, 2006, or as required pursuant to section 306.128, who operates a vessel on the lakes of this state shall possess, on the vessel, a boating safety identification card issued by the water patrol division or its agent which shows that he or she has:
(1) Successfully completed a boating safety course approved by the National Association of State Boating Law Administrators and certified by the water patrol division.
The boating safety course may include a course sponsored by the United States Coast Guard Auxiliary or the United States Power Squadron.
The water patrol division may appoint agents to administer a boater education course or course equivalency examination and issue boater identification cards under guidelines established by the water patrol.
The water patrol division shall maintain a list of approved courses;
or (2) Successfully passed an equivalency examination prepared by the water patrol division and administered by the water patrol division or its agent.
The equivalency examination shall have a degree of difficulty equal to, or greater than, that of the examinations given at the conclusion of an approved boating safety course;
or (3) A valid master's, mate's, or operator's license issued by the United States Coast Guard.
2.
Beginning January 1, 2027, every person born on or after January 1, 2006, or as required pursuant to section 306.128, who operates a vessel on the waters of this state shall possess, on the vessel, a boating safety identification card issued by the water patrol division or its agent which shows that he or she has:
(1) Successfully completed a boating safety course approved by the National Association of State Boating Law Administrators and certified by the water patrol division.
The boating safety course may include a course sponsored by the United States Coast Guard Auxiliary or the United States Power Squadron.
The water patrol division may appoint agents to administer a boater education course or course equivalency examination and issue boater identification cards under guidelines established by the water patrol.
The water patrol division shall maintain a list of approved courses;
or HB 2885 5 (2) Successfully passed an equivalency examination prepared by the water patrol division and administered by the water patrol division or its agent.
The equivalency examination shall have a degree of difficulty equal to, or greater than, that of the examinations given at the conclusion of an approved boating safety course;
or (3) A valid master's, mate's, or operator's license issued by the United States Coast Guard.
3.
The water patrol division or its agent shall issue a permanent boating safety identification card to each person who complies with the requirements of this section which is valid for life unless invalidated pursuant to law.
[3.]4.
The water patrol division may charge a fee for such card or any replacement card that does not substantially exceed the costs of administrating this section.
The water patrol division or its designated agent shall collect such fees.
These funds shall be forwarded to general revenue.
[4.] 5.
The provisions of this section shall not apply to any person who:
(1) Is licensed by the United States Coast Guard to serve as master of a vessel;
(2) Operates a vessel only on a private lake or pond that is not classified as waters of the state;
(3) Until January 1, 2006, is a nonresident who is visiting the state for sixty days or less;
(4) Is participating in an event or regatta approved by the water patrol;
(5) Is a nonresident who has proof of a valid boating certificate or license issued by another state if the boating course is approved by the National Association of State Boating Law Administrators (NASBLA);
(6) Is exempted by rule of the water patrol;
(7) Is currently serving in any branch of the United States Armed Forces, reserves, or Missouri National Guard, or any spouse of a person currently in such service;
or (8) Has previously successfully completed a boating safety education course approved by the National Association of State Boating Law Administrators (NASBLA).
[5.] 6.
The water patrol division shall inform other states of the requirements of this section.
[6.]7.
No individual shall be detained or stopped strictly for the purpose of checking whether the individual possesses a boating safety identification card or a temporary boater education permit.
[7.] 8.
Any person or company that rents or sells vessels may issue a temporary boating safety identification card to an individual to operate a rented vessel or a vessel being considered for sale, for a period of up to seven days, provided that the individual meets the minimum age requirements for operating a vessel in this state.
In order to qualify for the HB 2885 6 temporary boating safety identification card, the applicant shall provide a valid driver's license and shall sign an affidavit that he or she has reviewed the Missouri state highway patrol handbook of Missouri boating laws and responsibilities.
Any individual holding a valid temporary boating safety identification card shall be deemed in compliance with the requirements of this section.
The Missouri state highway patrol shall charge a fee of nine dollars for such temporary boating safety identification card.
Individuals shall not be eligible for more than one temporary boating safety identification card.
No person or company may issue a temporary boating safety identification card to an individual under the provisions of this subsection unless such person or company is capable of submitting the applicant's temporary boating safety identification card information and payment in an electronic format as prescribed by the Missouri state highway patrol.
The business entity issuing a temporary boating safety identification card to an individual under the provisions of this subsection shall transmit the applicant's temporary boating safety identification card information electronically to the Missouri state highway patrol, in a manner and format prescribed by the superintendent, using an electronic online registration process developed and provided by the Missouri state highway patrol.
The electronic online process developed and provided by the Missouri state highway patrol shall allow the applicant to pay the temporary boating safety identification card fee by credit card or debit card.
Notwithstanding any provision in section 306.185 to the contrary, all fees collected under the authority of this subsection shall be deposited in the water patrol division fund.
The Missouri state highway patrol shall promulgate rules for developing the temporary boating safety identification card and any requirements necessary to the issuance, processing, and payment of the temporary boating safety identification card.
The Missouri state highway patrol shall, by rule, develop a boating safety checklist for each applicant seeking a temporary boating safety identification card.
Nothing in this subsection shall allow a holder of a temporary boating safety identification card to receive a notation on the person's driver's license or nondriver identification under section 302.184.
The provisions of this subsection shall expire on December 31, 2032.