Senate Bill text for SB0436

SENATE BILL 436

49th legislature - STATE OF NEW MEXICO - first session, 2009

INTRODUCED BY

Carlos R. Cisneros

AN ACT

RELATING TO BOATING; REDUCING THE BOAT REGISTRATION PERIOD TO TWO YEARS; AMENDING DEFINITIONS IN THE BOAT ACT; DIRECTING BOAT REGISTRATION FEES TO THE ENERGY, MINERALS AND NATURAL RESOURCES DEPARTMENT; REQUIRING THE ENERGY, MINERALS AND NATURAL RESOURCES DEPARTMENT TO REGULATE SAFE BOATING; AMENDING AND REPEALING SECTIONS OF THE BOAT ACT; MAKING AN APPROPRIATION.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. Section 66-12-3 NMSA 1978 (being Laws 1959, Chapter 338, Section 3, as amended) is repealed and a new Section 66-12-3 NMSA 1978 is enacted to read:

"66-12-3. [NEW MATERIAL] DEFINITIONS.--As used in the Boat Act:

A. "boat" means a motorboat that is ten feet in length or longer;

B. "dealer" means any person who engages in whole or in part in the business of buying, selling or exchanging new and unused motorboats or used motorboats, or both, either outright or on conditional sale, bailment, lease, chattel mortgage or otherwise and who has an established place of business for sale, trade and display of motorboats; "dealer" includes a yacht broker;

C. "demonstration" means:

(1) the operation of a motorboat on the waters of this state for the purpose of selling, transferring, bartering, trading, negotiating or attempting to negotiate the sale or exchange of an interest in a motor boat; or

(2) the operation of a motorboat by a manufacturer for the purpose of testing the motorboat;

D. "division" means the motor vehicle division of the taxation and revenue department, unless otherwise specified;

E. "established place of business" means a salesroom in an enclosed building or structure that the dealer owns or leases, where the business of bartering, trading and selling of motorboats is conducted and where the books, records and files necessary to conduct the business are maintained;

F. "lien" means every chattel mortgage, conditional sales contract, lease, purchase lease, sales lease, contract, security interest under the Uniform Commercial Code or other instrument in writing having the effect of a mortgage or lien or encumbrance upon, or intended to hold the title to any motorboat in the former owner, possessor or grantor;

G. "manufacturer" means any person engaged in the business of manufacturing or importing new and unused motorboats for the purpose of sale or trade;

H. "motorboat" means any vessel propelled by machinery, whether or not machinery is the principal source of propulsion, and includes any vessel that is propelled or designed to be propelled by sail and that does not have a valid document issued by a federal agency; but "motorboat" does not include a sailboard, a windsurf board or a vessel that has a valid marine document issued by the bureau of customs of the United States government or any federal agency successor thereto;

I. "operate" means to navigate or otherwise to use a motorboat or a vessel;

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

K. "person" means an individual, partnership, firm, corporation, association or other entity;

L. "state agency" means any department, institution, board, bureau, commission, district or committee of the government of this state and includes every office or officer of any state agency;

M. "state parks division" means the state parks division of the energy, minerals and natural resources department;

N. "subdivision of the state" means every county, county institution, board, bureau or commission, incorporated city, town or village, drainage, conservancy, irrigation or other district and every office or officer of any subdivision of this state;

O. "vessel" means every description of watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on water; and

P. "waters of this state" means waters within the territorial limits of this state."

Section 2. Section 66-12-4 NMSA 1978 (being Laws 1959, Chapter 338, Section 4, as amended) is amended to read:

"66-12-4. OPERATION OF [UNNUMBERED] UNREGISTERED MOTORBOATS PROHIBITED.--

A. Every motorboat [which] that is propelled by sail or machinery operating on the waters of this state shall be [numbered] registered. No person shall operate or give permission for the operation of any motorboat on the waters of this state unless the motorboat is [numbered] registered in accordance with the Boat Act or in accordance with applicable federal law or in accordance with a federally approved numbering system of another state and unless the certificate of registration number awarded to the motorboat is in force and the identifying number set forth in the certificate of [number] registration is displayed on each side of the bow of the motorboat.

B. Every boat operating on the waters of this state and owned by a person who is domiciled in this state shall be titled. No person shall operate or give permission for the operation of any boat on the waters of this state unless the boat is titled as provided in the Boat Act.

C. A person who is not domiciled in this state but [who] operates a boat on the waters of this state may, pursuant to the provisions of the Boat Act, elect to register the boat in this state."

Section 3. Section 66-12-5 NMSA 1978 (being Laws 1959, Chapter 338, Section 5, as amended) is amended to read:

"66-12-5. [IDENTIFICATION] REGISTRATION NUMBER.--

A. The owner of each motorboat requiring [numbering] registration and inspection by this state shall file an application for [number] registration with the division on forms approved by it. The application shall be signed by the owner of the motorboat and shall be accompanied by a [three] two-year registration fee as required in Section

66-12-5.1 NMSA 1978. Upon receipt of the application in approved form, the division shall file it and issue to the applicant a certificate of registration 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] registration number in the manner prescribed by [regulations] rules of the state parks division in order that it [is] be clearly visible but in no case less than three inches in height and of a contrasting color to the boat color. The number shall be maintained in legible condition. The certificate of registration number shall be pocket size and shall be available at all times for inspection on the motorboat for which it is issued whenever the motorboat is in operation.

B. Should the ownership of a motorboat change prior to operating it on the waters of this state, the new owner shall file with the division an application for a new certificate of registration number in the same manner required for the award of a number under Subsection A of this section.

C. If an agency of the United States has in force an overall system of identification numbering for motorboats within the United States, the numbering system employed by the division pursuant to the Boat Act shall be in conformity with that system.

D. The division may award any certificate of registration number directly or may authorize any person to act as agent for the awarding. If a person accepts such authorization, [he] the person may be assigned a block of numbers and certificates [which] that, upon award in conformity with the Boat Act and with any [regulations] rules of the division, are valid as if awarded directly by the division.

E. Every certificate of registration number awarded pursuant to the Boat Act shall continue in force through December 31 of the [third] second calendar year of registration unless sooner terminated in accordance with the provisions of the Boat Act. A certificate of registration number may be renewed in the same manner provided for in the initial securing of the certificate and upon payment of the [three] two-year registration fee. Each application for renewal of a certificate of registration number shall be made by the owner on an application form, which must be received by the division within sixty days after the expiration date of the certificate.

F. The owner shall notify the division of transfer, destruction or abandonment of the motorboat within fifteen days thereof. The transfer, destruction or abandonment terminates the certificate of registration number for the motorboat except in the case of a transfer of a part interest [which] that does not affect the owner's right to operate the motorboat. Whenever the certificate of registration number is terminated, the owner shall return it to the division within fifteen days and state the reason for termination.

G. If there is a change of address, the holder of a certificate of registration number shall provide to the division the new address, existing certificate of registration number and a reasonable administrative fee. Upon receipt, the division [will] shall issue a new certificate of registration number.

H. Only the assigned registration number shall be painted, attached or otherwise displayed on either side of the bow of a motorboat.

I. The registration number assigned to the motorboat shall remain the assigned number for the life of the boat, except when a boat is transferred out of state, destroyed or abandoned."

Section 4. Section 66-12-5.1 NMSA 1978 (being Laws 1983, Chapter 41, Section 2, as amended) is amended to read:

"66-12-5.1. FEES--FORMS--RULEMAKING AUTHORITY.--

A. The division, in consultation with the state parks division, may promulgate rules and shall prescribe and provide suitable forms of applications, certificates of title and all other forms necessary to carry out the registration and titling provisions of the Boat Act in conformity with the requirements of 33 C.F.R. Part 17.

B. The state parks division may promulgate rules to implement all other provisions of the Boat Act.

C. The division shall establish and impose, [reasonable] in addition to all other taxes and fees imposed, registration fees for the purposes of the Boat Act.

D. The division shall collect the administrative fee imposed in Section 66-2-16 NMSA 1978 to defray the division's costs of operation and of rendering service to the public. The fee shall be two dollars ($2.00) for each transaction performed by an agent or the division and shall be collected in addition to all other fees and taxes imposed."

Section 5. Section 66-12-5.2 NMSA 1978 (being Laws 1987, Chapter 247, Section 7) is amended to read:

"66-12-5.2. OWNER'S CERTIFICATE OF TITLE--FEES--DUPLICATES.-- A. Except as provided in Subsection C of this section, every owner of a boat subject to titling under the provisions of the Boat Act shall apply to the division for issuance of a certificate of title for the boat within thirty days after acquisition. The application shall be on forms the division prescribes and accompanied by the required fee. The application shall be signed and sworn to before a notary public or other person who administers oaths or shall include a certification signed in writing containing substantially the representation that statements made 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 price of the boat or the fair market value if no sale immediately preceded the transfer and any additional information the division requires. If the application is made for a boat last previously registered or titled in another state or foreign country, it shall contain this information and any other information the division requires.

B. The division shall not issue or renew a certificate of registration number to any boat required to be registered [and numbered] in the state unless the division has issued a certificate of title to the owner, if the boat is required to be titled.

C. Any person who, on July 1, 1987, is the owner of a boat with a valid certificate of registration number issued by the state is not required to file an application for a certificate of title for the boat until [he] the person transfers any part of [his] the person's interest in the boat or [he] renews the certificate of registration number for the boat.

D. If a dealer buys or acquires a used boat for resale, [he] the dealer shall report the acquisition to the division on forms the division provides, or [he] the dealer may apply for and obtain a certificate of title as provided in this section. If a dealer buys or acquires a used unnumbered boat, [he] the dealer shall apply for a certificate of title in [his] the dealer's name within thirty days. If a dealer buys or acquires a new boat for resale, [he] the dealer may apply for a certificate of title in [his] the dealer's name.

E. Every dealer transferring a boat requiring titling under this section shall assign the title to the new owner or, in the case of a new boat, assign the certificate of origin. Within thirty days, the dealer or purchaser, as applicable, shall file with the division the necessary application and fee required under this section.

F. The division shall maintain a record of any certificate of title it issues.

G. No person shall sell, assign or transfer a boat 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 and with a statement of all liens upon the title. No person may purchase or otherwise acquire a boat required to be titled by the state without obtaining a certificate of title for it in [his] the person's name.

H. The division shall charge a ten-dollar ($10.00) fee to issue a certificate of title, a transfer of title or a duplicate or corrected certificate of title.

I. If a certificate of title is lost, stolen, mutilated or destroyed or becomes illegible, the first lienholder or, if there is none, the owner named in the certificate, as shown by the division's records, shall within thirty days obtain a duplicate by applying to the division. The applicant shall furnish information concerning the original certificate and the circumstances of its loss, mutilation or destruction as the division requires. Mutilated or illegible certificates shall be returned to the division with the application for a duplicate. Issuance of a duplicate certificate of title is not subject to the excise tax imposed under Section 66-12-6.1 NMSA 1978.

J. The duplicate certificate of title shall be plainly marked "duplicate" across its face and mailed or delivered to the applicant.

K. If a lost or stolen original certificate of title for which a duplicate has been issued is recovered, the original shall be surrendered promptly to the division for cancellation."

Section 6. Section 66-12-6 NMSA 1978 (being Laws 1965, Chapter 48, Section 1, as amended) is amended to read:

"66-12-6. DEALER AND MANUFACTURER NUMBERS--FEE--CERTIFICATES OF ORIGIN--RECORDS.--

A. A dealer or manufacturer that demonstrates motorboats on the public waters of this state shall file an application for a dealer or manufacturer number. The number shall be in lieu of a certificate of registration [number] for each motorboat intended or offered for sale.

B. Application for a dealer or manufacturer number shall be in the form prescribed by the division. The application shall state that the applicant is a motorboat dealer or manufacturer and that the applicant will operate a motorboat upon the waters of this state only for test or demonstration purposes. The statement shall be verified before a state officer who is authorized to administer an oath. The fee for a dealer or manufacturer number is ten dollars ($10.00) annually as prescribed by the division.

C. The division shall issue a certificate of a dealer or manufacturer number to an applicant who submits a complete application and full payment of the dealer or manufacturer number fee to the division. The certificate shall be issued after the applicant obtains a dealer license from the [motor vehicle] division [of the taxation and revenue department] and shall contain the following:

(1) a dealer or manufacturer number that contains two state identification letters, followed by four numbers and two additional letters that are unique to dealers or manufacturers;

(2) the expiration date of the certificate;

(3) the name and business address of the applicant;

(4) the address of the principal place of business of the applicant; and

(5) a conspicuous statement that the division has certified the applicant as a dealer or manufacturer.

D. The dealer or manufacturer number shall be painted on or attached to plates that are firmly attached to each side of the front of a motorboat of the dealer or manufacturer while it is afloat upon the waters of this state.

E. A dealer or manufacturer who operates more than one motorboat for test or demonstration purposes on the waters of this state at the same time shall obtain and display a separate dealer or manufacturer number for each motorboat tested or demonstrated.

F. A manufacturer or dealer shall not transfer ownership of a new boat without supplying the transferee with the manufacturer's certificate of origin signed by the manufacturer's authorized agent. The certificate shall contain information the division requires, including a description of the boat that includes the make, year, length, series or model, hull type and hull identification number, and, for a boat with an inboard motor, the make of the engine and the engine serial number. In addition, the manufacturer's certificate of origin shall contain space for proper reassignment to a New Mexico dealer or to a dealer duly licensed or recognized as such in another state, territory or possession of the United States.

G. Every dealer shall maintain for three years a record of any boat [he] the dealer bought, sold, exchanged or received for sale or exchange. This record shall be open to inspection by division representatives during reasonable business hours."

Section 7. Section 66-12-6.1 NMSA 1978 (being Laws 1987, Chapter 247, Section 9) is amended to read:

"66-12-6.1. EXCISE TAX ON ISSUANCE OF CERTIFICATES OF TITLE--APPROPRIATION.--

A. An excise tax is imposed upon the sale of every boat required to be registered in the state. To prevent evasion of the excise tax imposed by this section and the duty to collect it, it is presumed that the issuance of every original and subsequent certificate of title, other than a duplicate, for boats of a type required to be registered under the provisions of the Boat Act constitutes a sale for tax purposes, unless specifically exempted by this section or unless there is shown satisfactory proof that the boat for which the certificate of title is sought came into the possession of the applicant as a voluntary transfer without consideration or as a transfer by operation of law. The division shall collect the tax at the time application is made for issuance of a certificate of title at the rate of five percent of the sale price of the boat. If the sale price does not represent the value of the boat in the condition that existed at the time it was acquired, the excise tax shall then be imposed at the rate of five percent of the reasonable value of the boat in such condition at such time. However, allowances granted for trade-ins may be deducted from the sale price or the reasonable value of the boat purchased. The tax shall be paid by the applicant, and the division may require all information [which] that it deems necessary to establish the amount of the tax.

B. A penalty of fifty percent of the tax due on the issuance of a certificate of title is imposed on any person [who] that, domiciled in this state and accepting transfer in this state, fails to apply for a certificate within ninety days of the date on which ownership was transferred to [him] the person or [who] is domiciled in this state but accepts transfer outside this state and [who] fails to apply for a certificate within ninety days of the date on which the boat is brought into this state.

C. If a boat has been acquired through an out-of-state transaction upon which a gross receipts, sales, compensating or similar tax was levied by another state or political subdivision thereof, the amount of the tax paid may be credited against the excise tax due this state on the same boat.

D. Persons domiciled outside this state and on active duty in the military service of the United States or on active duty as officers of the public health service detailed for duty with any branch of the military service are exempt from the tax imposed by this section.

E. Persons [who] that acquire a boat out of state thirty or more days before establishing a domicile in this state are exempt from the tax imposed by this section if the boat was acquired for personal use.

F. Persons applying for a certificate of title for a boat registered in another state are exempt from the tax imposed by this section if they have previously registered and titled the boat in New Mexico and have owned the boat continuously since that time.

G. Certificates of title for all boats owned by this state or any political subdivision are exempt from the tax imposed by this section.

H. All taxes collected under the provisions of this section shall be paid to the state treasurer for credit to the "boat suspense fund", hereby created. At the end of each month, the state treasurer shall transfer fifty percent of the excise tax collections in the boat suspense fund to the state parks division and the balance to the general fund. The amounts transferred to the state parks division are appropriated for use by the state parks division for improvements and maintenance of lakes and boating facilities owned or leased by the state and for administration and enforcement of the Boat Act.

I. The director of the division shall prescribe forms [he] the director deems necessary to account properly for the taxes collected under this section."

Section 8. Section 66-12-6.4 NMSA 1978 (being Laws 1987, Chapter 247, Section 12) is amended to read:

"66-12-6.4. [FORMS] INVESTIGATIONS.--

[A. The division shall prescribe and provide suitable forms of applications, certificate of title and all other forms necessary to carry out the provisions of this act.

B.] The division and the state parks division may make necessary investigations to [procure] collect and provide each other with information required to carry out the provisions of the Boat Act."

Section 9. Section 66-12-6.6 NMSA 1978 (being Laws 2003, Chapter 410, Section 5) is amended to read:

"66-12-6.6. DEALER LICENSE.--

A. A person shall not engage in business as a dealer or manufacturer without obtaining a valid dealer license from the [motor vehicle] division [of the taxation and revenue department], unless the person has a valid motor vehicle dealer license. A dealer or manufacturer shall annually file an application with the [motor vehicle] division for a dealer license for each established place of business of the dealer or manufacturer.

B. A person shall file an application for a dealer license with the [motor vehicle] division [of the taxation and revenue department] on a form prescribed by the [motor vehicle] division. The application shall contain the name, address and telephone number of the applicant, the signature of the applicant or the signatures of all of the officers of a corporate applicant, the address of the established place of business, the federal taxpayer identification number of the applicant and other information that the [motor vehicle] division may require. The application shall state that the applicant will engage in business as a dealer. The statement shall be verified before a state officer authorized to administer an oath. The fee for a dealer license shall be prescribed by the [motor vehicle] division but shall not exceed fifty dollars ($50.00) annually.

C. The [motor vehicle] division [of the taxation and revenue department] shall issue a dealer license to an applicant who submits a complete application and full payment of the dealer license fee to the [motor vehicle] division. The license shall contain the following:

(1) the license number;

(2) the expiration date of the license;

(3) the name and business address of the licensee;

(4) the address of the location for which the license was issued; and

(5) a statement requiring that the license be conspicuously displayed at the location for which the license was issued.

D. A dealer license shall specify the location of each place of business in which the licensee engages in business as a dealer. The dealer shall notify the [motor vehicle] division [of the taxation and revenue department] of a change of ownership, location or name of the place of business within ten days of the change.

E. A dealer license shall authorize the licensed activity at only one business establishment. A dealer shall obtain a supplemental license from the [motor vehicle] division [of the taxation and revenue department] for each additional establishment owned or operated by the dealer. The application for a supplemental license shall be in a form prescribed by the [motor vehicle] division. The [motor vehicle] division shall issue a supplemental license to an applicant [who] that possesses a valid dealer license, submits a complete application and meets all other requirements of the [motor vehicle] division.

F. A dealer license or supplemental license shall be conspicuously displayed at the location of the established place of business for which it was issued."

Section 10. Section 66-12-6.7 NMSA 1978 (being Laws 2003, Chapter 410, Section 6) is amended to read:

"66-12-6.7. DEALER LICENSE DENIAL, SUSPENSION AND REVOCATION.--The [motor vehicle] division [of the taxation and revenue department] may deny, suspend or revoke a dealer license for:

A. a material misrepresentation communicated by a dealer to the [motor vehicle] division;

B. a lack of fitness as proscribed by rule of the [motor vehicle] division; or

C. a willful violation of a federal or state law relating to the sale, distribution, financing, registration, taxing or insuring of motorboats."

Section 11. Section 66-12-6.8 NMSA 1978 (being Laws 2003, Chapter 410, Section 7) is amended to read:

"66-12-6.8. DEALER BONDS--REQUIRED INSURANCE.--A person licensed as a dealer pursuant to the Boat Act shall file with the [state parks] division a bond in the amount of fifty thousand dollars ($50,000) unless [there is] the person has a bond on file with the [motor vehicle] division [of the taxation and revenue department] for a motor vehicle dealer's license and such proof is submitted to the [state parks] division. The bond shall be issued by a corporate surety licensed to conduct business within the state. The bond shall be issued under the condition that the applicant shall not practice fraud or violate any provision of the Boat Act. A person who has obtained a dealer license shall furnish evidence that the person has liability insurance for the established place of business for which the license was obtained."

Section 12. Section 66-12-7 NMSA 1978 (being Laws 1959, Chapter 338, Section 6, as amended) is amended to read:

"66-12-7. EQUIPMENT.--

A. Every vessel shall have aboard:

(1) one life preserver, buoyant vest, ring buoy or buoyant cushion bearing the mark of approval of the United States coast guard and in serviceable condition for each person on board;

(2) one oar or paddle;

(3) one bailing bucket with a capacity of at least one gallon or a hand-operated bilge pump; and

(4) a length of stout rope at least equal to the length of the vessel.

B. Every motorboat, during the hours of darkness, shall carry:

(1) a bright white light aft to show around the horizon; and

(2) a combined light on the [fore part] forepart of the vessel and lower than the white light and showing green to the starboard and red to the port and so fixed as to throw the light from right ahead to two points abaft the beam on their respective sides. No other light shall be shown except as specifically prescribed by the United States coast guard for the particular class of boats.

C. If carrying or using any inflammable or toxic fluid in any enclosure for any purpose and if that enclosure is not entirely open, [every] the vessel shall have an efficient natural or mechanical ventilation system capable of removing resulting gases prior to and during the time the vessel is occupied by any person.

D. No privately owned vessel shall carry a siren unless specifically authorized in writing by the director of the state parks division.

E. No person shall operate or give permission for the operation of a vessel [which] that is not equipped as required by this section."

Section 13. Section 66-12-8 NMSA 1978 (being Laws 1959, Chapter 338, Section 7, as amended) is amended to read:

"66-12-8. EXEMPTIONS FROM [NUMBERING] REGISTRATION PROVISIONS OF THE BOAT ACT.--A motorboat shall not be required to be [numbered] registered under the Boat Act if it is:

A. already covered by a registration number in force [which] that has been awarded to it pursuant to federal law or a federally approved numbering system of another state; provided that the boat shall not have been within this state for a period in excess of ninety consecutive days;

B. a motorboat from a country other than the United States temporarily using the waters of this state;

C. a motorboat whose owner is the United States, a state or a subdivision thereof;

D. a ship's lifeboat; or

E. a motorboat belonging to a class of boats [which has been exempted] that is exempt from numbering by the state parks division after it has found that the numbering of motorboats of that class will not materially aid in their identification; and, if an agency of the federal government has a numbering system applicable to the class of motorboats to which the motorboat in question belongs, after the state parks division has further found that the motorboat would also be exempt from numbering if it were subject to the federal law."

Section 14. Section 66-12-9 NMSA 1978 (being Laws 1959, Chapter 338, Section 8, as amended) is amended to read:

"66-12-9. BOAT [LIVERIES] RENTAL FACILITIES.--

A. The owner of a boat [livery] rental facility shall [cause to be kept] maintain a record of the name and address of the person or persons hiring any vessel [which] that is designed or permitted by [him] the owner to be operated as a motorboat, the [identification] registration number thereof, [and] the departure date and time and the expected time of return. The record shall be preserved for at least six months.

B. Neither the owner of a boat [livery] rental facility nor [his] the owner's agent or employee shall permit any motorboat or any vessel designed or permitted by [him] the owner to be operated as a motorboat to depart from [his] the owner's premises unless it [shall have] has been provided with the equipment required pursuant to Section [75-35-6 NMSA 1953] 66-12-7 NMSA 1978 and any rules [and regulations] made pursuant thereto by the state parks division."

Section 15. Section 66-12-12 NMSA 1978 (being Laws 1959, Chapter 338, Section 11, as amended) is amended to read:

"66-12-12. COLLISIONS--ASSISTANCE AND REPORTS.--

A. The operator of a vessel involved in a collision, accident or other casualty, so far as [he] the operator can do so without serious danger to [his] the operator's own vessel, crew and passengers, shall:

(1) render to other persons affected by the collision, accident or other casualty such assistance as practicable and necessary in order to save them from, or minimize, any danger caused by the collision, accident or other casualty; and

(2) give [his] the operator's name, address and identification of [his] the operator's vessel in writing to any person injured and to the owner of any property damaged in the collision, accident or other casualty.

B. In case of collision, accident or other casualty involving a vessel and resulting in death or injury to a person or damage to property in excess of one hundred dollars ($100), the operator of the vessel or [his] the operator's legal representative shall, within forty-eight hours, file with the state parks division a full description of the collision, accident or other casualty, including all information that the state parks division may require by [regulation] rule.

C. All collision, accident or other casualty reports filed as required by this section shall be without prejudice to the individual making the report and are solely for the confidential use of the state parks division, except that the state parks division may disclose the identity of a person involved in an accident when the identity is not otherwise known or when the person denies [his] the person's presence at the accident. The report is inadmissible as evidence in any trial, civil or criminal, arising out of an accident, except that the state parks division may furnish, upon request, a certificate showing that a specified accident report has or has not been made as required by this section."

Section 16. Section 66-12-13 NMSA 1978 (being Laws 1959, Chapter 338, Section 12, as amended) is amended to read:

"66-12-13. TRANSMITTAL OF INFORMATION.--In accordance with any request duly made by an authorized official or agency of the United States, any information compiled or otherwise available to the state parks division pursuant to Subsection B of Section [75-35-11B NMSA 1953] 66-12-12 NMSA 1978 shall be transmitted to the official or agency of the United States."

Section 17. Section 66-12-15 NMSA 1978 (being Laws 1959, Chapter 338, Section 14, as amended) is amended to read:

"66-12-15. REGATTAS--RACES--MARINE PARADES--TOURNAMENTS OR EXHIBITIONS.--

A. The state parks division may authorize the holding of regattas, motorboat or other boat races, marine parades, tournaments or exhibitions on any waters of this state. It shall adopt and may, from to time, amend [regulations] rules concerning the safety of motorboats and other vessels and persons thereon, either observers or participants. Whenever a regatta, motorboat or other boat race, marine parade, tournament or exhibition is proposed to be held, the person in charge thereof shall, at least thirty days prior thereto, file an application with the division to hold the regatta, motorboat or other boat race, marine parade, tournament or exhibition. The application shall set forth the date, time and location where it is proposed to hold the regatta, motorboat or other boat race, marine parade, tournament or exhibition, and it shall not be conducted without authorization of the state parks division in writing.

B. The provisions of this section [shall] do not exempt any person from compliance with applicable federal law or [regulation] rule, but nothing contained [herein] in this section shall be construed to require the securing of a state permit pursuant to this section if a permit [therefor] has been obtained from an authorized agency of the United States."

Section 18. Section 66-12-16 NMSA 1978 (being Laws 1959, Chapter 338, Section 15, as amended) is amended to read:

"66-12-16. LOCAL [REGULATIONS--RESTRICTIONS--SPECIAL RULES AND REGULATIONS] LAWS--RULES.--

A. The provisions of the Boat Act and of other applicable laws of this state shall govern the operation, equipment, registration, numbering and all other matters relating thereto whenever any vessel [shall be] is operated on the waters of this state or when any activity regulated by the Boat Act [shall take] takes place thereon, but nothing in the Boat Act shall be construed to prevent the adoption of any ordinance or local law relating to the operation and equipment of vessels where the provisions of the ordinance or local law are identical to the provisions of the Boat Act, amendments thereto or [regulations] rules issued thereunder; provided that the ordinance or local law shall be operative only so long as, and to the extent that, [they continue] it continues to be identical to the provisions of the Boat Act, amendments thereto or [regulations] rules issued thereunder.

B. Any subdivision of this state may, at any time but only after public notice, make formal application to the state parks division for special rules [and regulations] with reference to the operation of vessels on any waters within its territorial limits and shall set forth therein the reasons [which] that make the special rules [or regulations] necessary or appropriate.

C. The state parks division is authorized to [make special] promulgate rules [and regulations with reference to] regarding the operation of vessels on any waters within the territorial limits of any subdivision of this state."

Section 19. Section 66-12-18.1 NMSA 1978 (being Laws 2006, Chapter 46, Section 1) is amended to read:

"66-12-18.1. SAFE BOATING RULES.--The state parks division shall adopt safe boating education rules that require that:

A. a person born after January 1, 1989 [who] that operates a motorboat on the waters of this state shall:

(1) have completed a safe boating education course that is approved by the national association of state boating law administrators and certified by the state parks division or passed an equivalency examination that was proctored and that tested the knowledge of information included in the curriculum of the course and have received a certificate of completion of the certified course or passage of the equivalency examination;

(2) possess a valid license to operate a vessel issued for maritime personnel by the United States coast guard pursuant to 46 C.F.R. Part 10 or a marine certificate issued by the Canadian government; or

(3) have received, as an authorized operator of a rented or leased motorboat, instructions regarding the safe operation of the motorboat and a summary of the statutes and rules governing the operation of a motorboat from a person in the business of renting or leasing motorboats. The instructions shall be valid only for the period of the rental agreement not to exceed thirty days; and

B. a person in the business of renting or leasing motorboats for a period not exceeding thirty days shall:

(1) not rent or lease a motorboat to a person for operation on the waters of this state unless the person meets the provisions of Subsection A of this section;

(2) maintain rental or lease records that include the name and age of each person [who] that is authorized to operate the rented or leased motorboat; and

(3) provide each authorized operator of a rented or leased motorboat with instructions regarding the safe operation of the motorboat and a summary of the statutes and [regulations] rules governing the operation of a motorboat."

Section 20. Section 66-12-20 NMSA 1978 (being Laws 1959, Chapter 338, Section 19, as amended) is amended to read:

"66-12-20. DISPOSITION OF FEES.--The registration fees collected pursuant to the provisions of the Boat Act [less the administrative fee withheld pursuant to Section 1 of this 1997 act] shall be [covered into] transferred to the state [park and recreation fund] parks division."

Section 21. Section 66-12-21 NMSA 1978 (being Laws 1959, Chapter 338, Section 20, as amended) is amended to read:

"66-12-21. DISPOSITION OF FINES.--All money collected as fines for the violation of the provisions of the Boat Act and [regulations] rules of the state [park and recreation] parks division made pursuant [thereto] to that act shall be paid for credit to the current school fund of [the] this state."

Section 22. Section 66-12-22 NMSA 1978 (being Laws 1959, Chapter 338, Section 21, as amended) is amended to read:

"66-12-22. ENFORCEMENT.--The director of the state parks division, park custodians and other employees of the state parks division designated in writing by the director of the state parks division, every sheriff in [his] each respective county and every member of the New Mexico state police [has] have full authority of [a] peace [officer] officers to enforce the provisions of the Boat Act and the [regulations] rules issued pursuant [thereto] to that act and, in [its] their exercise, may stop and board any vessel subject to the Boat Act."

Section 23. Section 66-12-23 NMSA 1978 (being Laws 1963, Chapter 45, Section 9, as amended) is amended to read:

"66-12-23. PENALTIES.--A person [who] that violates a provision of the Boat Act or a [regulation] rule of the state parks division [of the energy, minerals and natural resources department] promulgated pursuant to that act is guilty of a petty misdemeanor and shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978."

Section 24. REPEAL.--Section 66-12-18 NMSA 1978 (being Laws 1959, Chapter 338, Section 17, as amended) is repealed.

Section 25. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2009.

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