§ 27-101-304 — Filing of application - Issuance of certificate - Definition

(a) The owner of each motorboat for which numbering is required by this state shall file an application for a number within thirty (30) calendar days after the date of purchase with the Secretary of the Department of Finance and Administration on forms approved by the Arkansas State Game and Fish Commission. (b) The application shall be signed by the owner of the motorboat and accompanied by a fee as provided in § 27-101-306 , verification of the hull identification number, proof the motorboat is listed for assessment, proof of payment of required personal property taxes, and proof of insurance establishing that the motorboat, if it is equipped with more than fifty horsepower (50 hp), or a personal watercraft, is covered by a liability insurance policy issued by an insurance company authorized to do business in this state. (c) (1) On and after January 1, 2017, the Department of Finance and Administration shall not issue, renew, or update ownership information for a certificate of number relating to a motorboat imported or manufactured on or after November 1, 1972, until the department determines whether the motorboat has a primary hull identification number meeting the requirements of 33 C.F.R. Part 181, Subpart C, as in effect on January 1, 2017. (2) Verification of the hull identification number may include without limitation a submission of a clear and legible photograph or pencil rubbing of the hull identification number. (d) Upon determination by the department that the motorboat does not have a hull identification number as required by subsection (c) of this section, the department shall refer the owner of the motorboat to the Boating Law Administrator of the Arkansas State Game and Fish Commission to: (1) Assign a primary hull identification number; and (2) Verify that the owner permanently affixes the hull identification number to the motorboat in compliance with 33 C.F.R. Part 181, Subpart C, as in effect on January 1, 2017. (e) (1) The secretary shall enter upon the records of his or her office an application for issuance of a certificate of number upon receipt of: (A) An application submitted in approved form; (B) Proof that the motorboat has been assessed or listed for assessment; (C) Proof that personal property taxes have been paid; and (D) Proof of coverage by a liability insurance policy issued by an insurance company authorized to do business in this state if the motorboat is equipped with more than fifty horsepower (50 hp) or is a personal watercraft. (2) (A) Upon approval by the secretary of the application and supporting documents required under subdivision (e)(1) of this section, the secretary shall issue to the applicant a certificate of number stating: (i) The identifying number assigned to the motorboat; (ii) The name and address of the owner; and (iii) A description of the motorboat, including when available the make, model, year, and hull identification number of the motorboat. (B) The certificate of number shall be of a type that prevents as nearly as possible alteration, counterfeiting, duplication, or simulation without ready detection. (3) (A) For the purposes of this section, "proof of insurance" shall consist of a policy declaration page or other documentation, or a copy of a policy declaration page or other documentation in an acceptable electronic format, that reflects the motorboat or personal watercraft coverage furnished to the insured by the insurance company which can be conveniently carried in the motorboat or personal watercraft. (B) Insurance companies shall not be required to provide proof of insurance that may be conveniently carried as required in subdivision (e)(3)(A) of this section if the insurance coverage is provided as part of a homeowner's insurance policy. (C) As used in this section, "acceptable electronic format" means an electronic image produced on the person's own cellular phone or other type of portable electronic device that displays all of the information in the policy declaration or other documentation as clearly as the paper policy declaration or other documentation. (D) The presentment of proof of insurance in an acceptable electronic format does not: (i) Authorize a search of any other content of an electronic device without a search warrant or probable cause; or (ii) Expand or restrict the authority of a law enforcement officer to conduct a search or investigation. (f) (1) The certificate of number shall be issued and furnished to the owner of the motorboat and upon receipt the owner shall sign in the signature space provided on the certificate of number. (2) A copy shall be retained as a record by the secretary. (3) A copy shall be furnished to the commission to be retained for a period of five (5) years. (g) (1) The certificate of number shall be pocket-sized and shall be available at all times for inspection on the motorboat for which it is issued whenever the motorboat is in operation. (2) (A) If a certificate of number is lost, mutilated, or becomes illegible, the owner of the motorboat for which the certificate was issued shall immediately apply for and may obtain a duplicate or a replacement certificate upon the applicant's furnishing information satisfactory to the department. (B) The application for a duplicate or replacement certificate of number to replace the original certificate of number shall be accompanied by a fee of one dollar ($1.00). (h) In the event that an agency of the United States Government shall have in force in the United States an overall system of identification numbering for boats covered by this chapter, then the numbering system required by this subchapter and the commission shall be in conformity therewith.

Legislative History

Amended by Act 2019, No. 733,§ 12, eff. 7/24/2019. Amended by Act 2019, No. 733,§ 11, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 4823, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 4822, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 4821, eff. 7/1/2019. Amended by Act 2015, No. 694,§ 3, eff. 7/22/2015. Amended by Act 2013, No. 1468,§ 2, eff. 8/16/2013. Acts 1959, No. 453, § 4; 1963, No. 140, § 1; A.S.A. 1947, § 21-224; Acts 1987, No. 122, § 2; 1987 (1st Ex. Sess.), No. 46, § 1; 1995, No. 517, § 14; 1999, No. 468, § 2; 2001, No. 462, § 3; 2003, No. 220, § 1.