2022 -- H 7733

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LC004530

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

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A N   A C T

RELATING TO WATERS AND NAVIGATION -- REGISTRATION OF OUTBOARD

MOTORS

     Introduced By: Representatives Chippendale, Quattrocchi, Nardone, Price, Bennett,
Filippi, Tobon, Shanley, Fenton-Fung, and Place

     Date Introduced: March 02, 2022

     Referred To: House State Government & Elections

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 46-8-2 of the General Laws in Chapter 46-8 entitled "Registration of

Outboard Motors" is hereby amended to read as follows:

     46-8-2. Registration of motors required.

     (a) Any person who is the owner of an outboard motor for use on any waters within the

territorial limits of the State of Rhode Island shall register the outboard motor as provided in § 46-

8-3 within ten (10) days after the ownership is acquired.

     (b) No registration nor registration certificate as prescribed by the director under § 46-8-4,

shall require that the owner provide their social security number or other tax identification number.

     SECTION 2. Section 46-22-4 of the General Laws in Chapter 46-22 entitled "Regulation

of Boats" is hereby amended to read as follows:

     46-22-4. Identification number and registration fee.

     (a)(1) Except as otherwise provided in subsection (b), the owner of each motorboat shall

file biennially an application for registration with the department of environmental management on

forms approved by the director. No registration nor registration certificate as prescribed by the

director under this section, shall require that the owner provide their social security number or other

tax identification number. The application shall be accompanied by a registration fee according to

the following schedule:

OVERALL LENGTH AT NOT MORE THAN FEET BIENNIAL FEE

LEAST FEET

UNDER 15 $30

16 20 $40

21 25 $60

26 30 $100

31 35 $200

36 40 $250

41 45 $300

46 50 $400

51 and over $600

     (i) For the purpose of the above fee schedule, "overall length" shall be defined as the

horizontal distance between the foremost part of the stem, and, the aftermost part of the stern,

excluding bowsprits, bumpkins, rudders, outboard motor brackets, and similar fittings or

attachments. For purposes of this section, a fraction of a foot shall be deemed to be the next higher

foot.

     (ii) The fee payable under this section for any motorboat owned by a nonprofit organization

shall not exceed fifty dollars ($50.00).

     (iii) All vessels over thirty feet (30') may, upon request, pay the registration fee annually

at the rate of one-half (½) the biennial fee for a vessel of the same length.

     (2) Upon receipt of the completed application and correct registration fee, the department

of environmental management shall enter the application and registration fee into its records, and

issue to the owner a certificate of number stating the number awarded to the motorboat and the

name and address of the owner. The owner shall paint on or attach to each side of the bow of the

motorboat the identification number in such manner as may be prescribed by rules and regulations

of the department of environmental management in order that it may be clearly visible. The number

shall be maintained in legible condition. The certificate of number shall be pocket size and shall be

available at all times for inspection on the motorboat for which issued, whenever that motorboat is

in operation.

     (b) The owner of any motorboat already covered by an identification 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 with the department of

environmental management prior to operating the motorboat on the waters of this state in excess of

the ninety (90) day reciprocity period provided for in § 46-22-6(a). The recordation shall be in the

manner and subject to the procedure and fees required for the award and transfer of a number under

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subsections (a) and (c) through (i), except that no additional or substitute number shall be issued.

     (c) Should the ownership of a motorboat change, a new application form shall be filed with

the department of environmental management. Should the change in ownership take place before

the date upon which the certificate of number expires, the new owner shall pay an administrative

fee of ten dollars ($10.00). The number assigned to the vessel shall remain with the vessel and be

non-transferable while the vessel remains certified in the state of Rhode Island; provided, however,

that upon the request of the owner of a duly registered vessel of historic value that is more than

fifty (50) years old, the number assigned to the vessel may be transferred to a different historic

vessel owned by the same person. The original vessel will be given a new registration number and

the owner shall pay a transfer fee of six dollars ($6.00) for each vessel.

     (d) In the event that an agency of the United States government shall have in force an

overall system of identification numbering for motorboats within the United States, the numbering

system employed pursuant to this chapter by the department of environmental management shall

be in conformity therewith.

     (e) All records of the department of environmental management made or kept pursuant to

this section shall be public records.

     (f) The department of environmental management shall fix a day and month of the year on

which the certificate of number is due to expire and no longer be of any force and effect, unless

renewed pursuant to this chapter.

     (g) The owner shall furnish the department of environmental management notice of the

transfer of all or any part of the owner's interest, other than the creation of a security interest in a

motorboat numbered in this state, pursuant to subsections (a) and (b), or of the destruction or

abandonment of the motorboat, within fifteen (15) days thereof. That destruction shall terminate

the certificate of number for the motorboat.

     (h) Any holder of a certificate of number shall notify the department of environmental

management within fifteen (15) days if the holder's address no longer conforms to the address

appearing on the certificate and shall, as a part of the notification, furnish the department of

environmental management the new address. The department of environmental management may

provide, in its rules and regulations, for the surrender of the certificate bearing the former address

or for the alteration of an outstanding certificate to show the new address of the holder.

     (i) No number, other than the number awarded to a motorboat or granted reciprocity

pursuant to this chapter, shall be painted, attached, or otherwise displayed on either side of the bow

of the motorboat.

     (j) Biennial registration shall be phased in, alphabetically, over a two (2) year period

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starting January 1, 1999 at which time all owners whose last names begin with the letters "A"

through "M" applications for registration will be accepted for consideration on a biennial basis.

Owners whose last names begin with the letters "N" through "Z" shall be subject to biennial

registration starting January 1, 2000.

     SECTION 3. Section 46-22.1-3 of the General Laws in Chapter 46-22.1 entitled "Uniform

Boat Title Act" is hereby amended to read as follows:

     46-22.1-3. Owner's certificate of title.

     (a) Except as provided in subsections (b) and (e), any owner of a vessel principally used

on the waters of this state shall apply to the department for a certificate of title for the vessel. No

certificate of title required under this section, shall require that the owner provide their social

security number or other tax identification number.

     (b) A certificate of title shall not be required under this chapter for any vessel that is:

     (1) A ship's lifeboat; or

     (2) A non-motorized inflatable vessel, surfboard, racing shell, rowing scull, or tender for

direct transportation between a vessel and the shore, where the vessel is used solely for direct

transportation between a vessel and the shore; or

     (3) A documented vessel or vessels fourteen feet (14') or less.

     (c) Each certificate of title shall contain the title number, the name of the vessel

manufacturer, model year, hull identification number, the registration number, hull material,

propulsion, fuel type, use of vessel length, audit number, as well as name and address of the

registered owner, date of issue of the certificate of title, first lien holder, if any, date and amount of

lien, second lien holder, if any, date and amount of lien, and any evidence of first and second lien

satisfaction with signature and title of agent, as well as notary public seal and any other information

as required by the director. Certificates of title shall be issued on forms prescribed by the

department.

     (d) The department may not issue or renew a certificate of number to any vessel required

to be registered and numbered in this state, unless the owner of the vessel has a valid certificate of

title.

     (e) A person who, on January 1, 1989, is the owner of a vessel with a valid certificate of

number issued by this state is not required to file an application for a certificate of title for the vessel

until he or she transfers any part of his or her interest in the vessel or renews the certificate of

number for the vessel.

     (f) Every owner of a vessel subject to titling under the provisions of this chapter shall apply

to the department for the issuance of a certificate of title for the vessel within thirty (30) days after

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taking possession of a vessel. The application shall be on forms the department prescribes, and be

accompanied by the required fee. The application shall be signed and sworn to before a notary

public and contain a certification signed in writing, representing that statements made on the

application are true and correct to the best of the applicant's knowledge, information, and belief,

under penalty of perjury. The application shall contain the date of sale and gross purchase price of

the vessel or the fair market value, if no sale immediately proceeded the transfer, and any additional

information the department requires. If the application is made for a vessel last previously

registered or titled in another state or foreign country, the application shall contain the information

set forth above and any other the department may require; provided, however, no certificate of title

required under this section, shall require that the owner provide their social security number or

other tax identification number.

     (g) If a dealer buys or acquires a used numbered vessel for resale, he or she shall report the

acquisition to the department on forms the department provides, or he or she may apply for and

obtain a certificate of title as provided in this chapter. If a dealer buys or acquires a used

unnumbered vessel, he or she shall apply for a certificate of title in his or her name within fifteen

(15) days. If a dealer buys or acquires a new vessel for resale, he or she may apply for a certificate

of title in his or her name, but is not required to do so.

     (h) Every dealer transferring a vessel requiring titling under this chapter shall assign the

title to the new owner if the dealer is required under subsection (g) to obtain a title, or, in the case

of a new vessel, assign the manufacturer's statement of origin. In the event the dealer accepts an

application for title certificate and accompanying fee from the purchaser of a vessel, the dealer shall

forward the required fee and application to the department within fifteen (15) days of the receipt of

the application and fee.

     (i) The department shall maintain a record of any certificate of title it issued.

     (j) No person may sell, assign, or transfer a vessel titled by the state without delivering to

the purchaser or transferee a certificate of title with an assignment on it showing title in the

purchaser or transferee. No person may purchase or otherwise acquire a vessel required to be titled

by the state without obtaining a certificate of title for it in his or her name.

     SECTION 4. Section 46-27-2 of the General Laws in Chapter 46-27 entitled "Personal

Watercraft Safety Act" is hereby amended to read as follows:

     46-27-2. Regulation of personal watercraft.

     (a) No person shall operate a personal watercraft at any time between the hours from one-

half (½) hour after sunset to one-half (½) hour before sunrise; provided, that police and fire

department personnel on official duty may operate personal watercraft with proper equipment and

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lighting and are exempted from the provisions of this subsection.

     (b) A personal watercraft must at all times be operated in a reasonable and prudent manner.

Maneuvers that unreasonably or unnecessarily endanger life, limb, or property, including, but not

limited to, weaving through congested vessel traffic, circling a larger vessel unreasonably or

jumping the wake of another vessel unreasonably, constitutes reckless operation of a vessel and are

prohibited.

     (c) No person under the age of sixteen (16) shall operate a personal watercraft on the waters

of the state unless an adult accompanies him or her or unless he or she has passed a department of

environmental management approved or United States Coast Guard approved safety course.

     (d) It is unlawful for the owner of any personal watercraft or any person having charge

over or control of a personal watercraft to authorize or knowingly permit the watercraft to be

operated by a person under sixteen (16) years of age in violation of this section unless the provisions

of subsection (c) are met.

     (e) No person shall operate a personal watercraft within two hundred feet (200') of

swimmers, divers, shore, or moored vessels, except at headway speed.

     (f) Personal watercraft, when launched from shore or returning to shore, must proceed

directly to the area where operation is allowed in a direction as near perpendicular as possible, not

in excess of headway speed.

     (g) No person shall operate a personal watercraft unless he or she and any passenger is

wearing a personal flotation device approved by the United States Coast Guard.

     (h) No person shall operate any personal watercraft in a reckless manner so as to endanger

the life, limb, or property of another.

     (i) No person shall operate any personal watercraft unless it is numbered in accordance

with § 46-22-4.

     (j) A person operating a personal watercraft equipped by the manufacturer with a lanyard-

type engine cutoff switch must attach the lanyard to his or her person, clothing, or personal flotation

device as appropriate for the specific vessel.

     (k) The towns of Charlestown and Westerly have joint jurisdiction over any waters that

transcend both jurisdictions, may enter into a binding memorandum pursuant to § 46-23-15.1, and

are hereby authorized to provide, by ordinance, regulations controlling the use of personal

watercraft within their jurisdictions. The ordinances may include a ban or limitation on operation

on:

     (1) Waterbodies that are less than three hundred (300) acres in size, or four hundred feet

(400') in width;

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     (2) Waterbodies upon which a tradition of swimming, shellfishing, fishing, paddle sports,

or small craft rowing or sailing exists;

     (3) Waterbodies that can be demonstrated to be ecologically sensitive;

     (4) Waterbodies or portions of them surrounded or bordered by significant concentrations

of residential development;

     (5) Waterbodies where a history of powerboat regulation already exists; or

     (6) Waterbodies where navigational considerations due to congestion can be shown to

exist.

     (l) The department of environmental management shall review and grant final approval of

municipal regulations adopted pursuant to this section.

     (m) The town of Coventry is hereby authorized to provide, by ordinance, regulations

controlling the use of personal watercraft on Tiogue Lake. The ordinances may include a ban or

limitation on operation on Tiogue Lake.

     (n) The towns of South Kingstown, Narragansett, Middletown, and North Kingstown are

hereby authorized to provide, by ordinance, regulations controlling the use of personal watercraft

on any or all fresh or inland waters of this town. The ordinances may include a ban or limitation of

personal watercraft on any waters in this town. To the extent that any body of water may transcend

more than one of the towns set forth in this section, each town shall have joint jurisdiction over the

body or bodies of water and may enter into a binding memorandum pursuant to § 46-23-15.1

regarding each town's joint jurisdiction over the body or bodies of water.

     (o) The town of Narragansett is hereby authorized to provide, by ordinance, regulations

controlling the use of personal watercraft on any or all fresh or inland waters of this town. The

ordinances may include a ban or limitation of personal watercraft on any waters in this town. To

the extent that any body of water may transcend more than one of the towns set forth in this section,

each town shall have joint jurisdiction over the body or bodies of water and may enter into a binding

memorandum pursuant to § 46-23-15.1 regarding each town's joint jurisdiction over the body or

bodies of water.

     (p) The town of South Kingstown is hereby authorized to provide, by ordinance,

regulations controlling the use of personal watercraft on Narrow River and Green Hill Pond. To the

extent that Narrow River transcends the towns of South Kingstown, North Kingstown, and

Narragansett, each town shall have joint jurisdiction over such body of water and may enter into a

binding memorandum pursuant to § 46-23-15.1 regarding each town's joint jurisdiction over such

body of water.

     (q) The town of West Greenwich is hereby authorized to provide, by ordinance, regulations

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controlling the use of personal watercraft on any or all fresh or inland waters of this town. The

ordinances may include a ban or limitation of personal watercraft on any waters in this town.

     (r) Nothing in this section authorizes any city or town, or the department of environmental

management, from requiring any owner of personal watercraft to provide their social security

number or other tax identification number for registering, titling, or operating such watercraft.

     SECTION 5. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO WATERS AND NAVIGATION -- REGISTRATION OF OUTBOARD

MOTORS

***

     This act would prohibit the department of environmental management and any city or town

from requiring an owner of a boat, vessel, personal watercraft or outboard motor to provide their

social security number or other tax identification number in order to register or obtain a certificate

of title for such watercraft.

     This act would take effect upon passage.

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