0001| HOUSE BILL 442
|
0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
|
0003| INTRODUCED BY
|
0004| ANNA MARIE CROOK
|
0005|
|
0006|
|
0007|
|
0008|
|
0009|
|
0010| AN ACT
|
0011| RELATING TO BOATING; ADDING DEFINITIONS TO THE BOAT ACT;
|
0012| REQUIRING EQUIPMENT TO BE CARRIED ON VESSELS; AMENDING SECTIONS
|
0013| OF THE NMSA 1978.
|
0014|
|
0015| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
|
0016| Section 1. Section 66-12-3 NMSA 1978 (being Laws 1959,
|
0017| Chapter 338, Section 3, as amended) is amended to read:
|
0018| "66-12-3. DEFINITIONS.--As used in the Boat Act:
|
0019| A. "vessel" means every description of watercraft,
|
0020| other than a seaplane on the water, used or capable of being
|
0021| used as a means of transportation on water;
|
0022| B. "motorboat" means any vessel propelled, by
|
0023| machinery, including one or more sails, whether or not
|
0024| machinery is the principal source of propulsion, but does not
|
0025| include a sailboard or wind surfboard or vessel which has a
|
0001| valid marine document issued by the bureau of customs of the
|
0002| United States government or any federal agency successor
|
0003| [thereto; "motorboat" includes any vessel propelled or
|
designed to be propelled by sail and which does not have a
|
valid document issued by a federal agency, but does not include
|
a sailboard or windsurf board] to that bureau;
|
0007| C. "owner" means a person, other than a lienholder,
|
0008| having the [property] majority ownership interest in or
|
0009| title to a motorboat ["owner"] and includes a person
|
0010| entitled to the use or possession of a motorboat subject to
|
0011| [an] a security interest in another person, reserved or
|
0012| created by agreement and securing payment or performance of an
|
0013| obligation, but excludes a lessee under a lease not intended as
|
0014| security;
|
0015| D. "waters of this state" means any waters within
|
0016| the territorial limits of this state;
|
0017| E. "person" means an individual, partnership, firm,
|
0018| corporation, association or other entity;
|
0019| F. "operate" means to navigate or otherwise use a
|
0020| motorboat or a vessel;
|
0021| G. "state agency" means any department,
|
0022| institution, board, bureau, commission, district or committee
|
0023| of the government of this state and means every office or
|
0024| officer of any state agency;
|
0025| H. "subdivision of the state" means every county,
|
0001| county institution, board, bureau or commission, incorporated
|
0002| city, town or village, drainage, conservancy, irrigation or
|
0003| other district and every office or officer of any subdivision
|
0004| of this state;
|
0005| I. "division" means the state park and recreation
|
0006| division of the energy, minerals and natural resources
|
0007| department;
|
0008| J. "boat" means a motorboat [which] that is ten
|
0009| feet in length or longer;
|
0010| K. "dealer" means any person who engages in whole
|
0011| or in part in the business of buying, selling or exchanging new
|
0012| and unused motorboats or used motorboats, or both, either
|
0013| outright or on conditional sale, bailment, lease, chattel
|
0014| mortgage or otherwise and who has an established place of
|
0015| business for sale, trade and display of motorboats; "dealer"
|
0016| includes a yacht broker;
|
0017| L. "lien" means every chattel mortgage, conditional
|
0018| sales contract, lease, purchase lease, sales lease, contract,
|
0019| security interest under the Uniform Commercial Code or other
|
0020| instrument in writing having the effect of a mortgage or lien
|
0021| or encumbrance upon, or intended to hold the title to any boat
|
0022| in the former owner, possessor or grantor;
|
0023| M. "manufacturer" means any person engaged in the
|
0024| business of manufacturing or importing new and unused
|
0025| motorboats for the purpose of sale or trade;
|
0001| N. "freeboard" means the vertical distance measured
|
0002| on a vessel's side from the waterline to the gunwale;
|
0003| O. "personal watercraft" means a motorboat, except
|
0004| for a vessel propelled by sail, less than sixteen feet in
|
0005| length, having no enclosure to house the operator and designed
|
0006| to be operated by a person sitting or kneeling on the vessel;
|
0007| and
|
0008| P. "sailboard" or "wind surfboard" means a board
|
0009| with a mast and sail, fixed or detachable, designed to be
|
0010| operated by a standing person."
|
0011| Section 2. Section 66-12-5.3 NMSA 1978 (being Laws 1987,
|
0012| Chapter 245, Section 4) is amended to read:
|
0013| "66-12-5.3. PROHIBITED ACTS--PENALTIES.--
|
0014| [A. It is unlawful for any person to take, receive
|
or transfer a vessel without the consent of the owner.
|
B. It is unlawful for any person to damage, tamper
|
with, alter or change hull identification numbers or serial
|
numbers.]
|
0019| A. A person who with fraudulent intent defaces,
|
0020| removes, covers, destroys or alters a manufacturer's serial or
|
0021| engine number placed on a motorboat or its engine by the
|
0022| manufacturer or an identification number placed on a motorboat
|
0023| pursuant to the requirements of Section 66-12-5 NMSA 1978 is
|
0024| guilty of a fourth degree felony and shall be sentenced
|
0025| pursuant to the provisions of Section 31-18-15 NMSA 1978.
|
0001| B. A person who with fraudulent intent places,
|
0002| stamps or marks a serial, engine or other number on a motorboat
|
0003| or its engine other than the numbers reflected in that
|
0004| motorboat's registration of number on file with the division is
|
0005| guilty of a fourth degree felony and shall be sentenced
|
0006| pursuant to the provisions of Section 31-18-15 NMSA 1978.
|
0007| C. The provisions of Subsections A and B of this
|
0008| section do not prohibit the restoration by an owner of an
|
0009| original serial, engine or other number or mark when the
|
0010| restoration is made under permit issued by the division and do
|
0011| not prevent a manufacturer from placing, in the ordinary course
|
0012| of business, numbers or marks on motorboats."
|
0013| Section 3. Section 66-12-7 NMSA 1978 (being Laws 1959,
|
0014| Chapter 338, Section 6, as amended) is amended to read:
|
0015| "66-12-7. EQUIPMENT.--
|
0016| A. Every vessel shall have aboard:
|
0017| (1) one life preserver, buoyant vest, ring
|
0018| buoy or buoyant cushion bearing the mark of approval of the
|
0019| United States coast guard and in serviceable condition for each
|
0020| person on board;
|
0021| (2) one oar or paddle, unless the vessel is:
|
0022| (a) over twenty-six feet in length;
|
0023| (b) a sailboat with a removable
|
0024| centerboard;
|
0025| (c) a vessel with thirty or more inches
|
0001| of freeboard; or
|
0002| (d) a personal watercraft, sailboard or
|
0003| wind surfboard;
|
0004| (3) one bailing bucket with a capacity of at
|
0005| least one gallon or a hand-operated bilge pump unless the
|
0006| construction of the vessel is such that water cannot enter or
|
0007| be retained in any portion of the vessel without the use of
|
0008| plugs or manual or mechanical equipment; and
|
0009| (4) a length of stout rope at least equal to
|
0010| the length of the vessel, unless the vessel is a sailboard or
|
0011| a wind surfboard.
|
0012| B. Every motorboat, during the hours of darkness,
|
0013| shall carry:
|
0014| (1) a bright white light aft to show around
|
0015| the horizon; and
|
0016| (2) a combined light on [fore part]
|
0017| forepart of the vessel and lower than the white light and
|
0018| showing green to the starboard and red to the port and so fixed
|
0019| as to throw the light from right ahead to two points abaft the
|
0020| beam on their respective sides. No other light shall be shown
|
0021| except as specifically prescribed by the United States coast
|
0022| guard for the particular class of boats.
|
0023| C. If carrying or using any inflammable or toxic
|
0024| fluid in any enclosure for any purpose and if that enclosure
|
0025| is not entirely open, [every] the vessel shall have an
|
0001| efficient natural or mechanical ventilation system capable of
|
0002| removing resulting gases prior to and during the time the
|
0003| vessel is occupied by any person.
|
0004| D. No privately owned vessel shall carry a siren
|
0005| unless specifically authorized in writing by the director of
|
0006| the division.
|
0007| E. No person shall operate or give permission for
|
0008| the operation of a vessel which is not equipped as required by
|
0009| this section."
|
0010| State of New Mexico
|
0011| House of Representatives
|
0012|
|
0013| FORTY-THIRD LEGISLATURE
|
0014| FIRST SESSION, 1997
|
0015|
|
0016|
|
0017| February 18, 1997
|
0018|
|
0019|
|
0020| Mr. Speaker:
|
0021|
|
0022| Your CONSUMER AND PUBLIC AFFAIRS COMMITTEE, to
|
0023| whom has been referred
|
0024|
|
0025| HOUSE BILL 442
|
0001|
|
0002| has had it under consideration and reports same with
|
0003| recommendation that it DO PASS, and thence referred to the
|
0004| JUDICIARY COMMITTEE.
|
0005|
|
0006| Respectfully submitted,
|
0007|
|
0008|
|
0009|
|
0010|
|
0011|
|
0012| Gary King, Chairman
|
0013|
|
0014|
|
0015| Adopted Not Adopted
|
0016|
|
0017| (Chief Clerk) (Chief Clerk)
|
0018|
|
0019| Date
|
0020|
|
0021| The roll call vote was 7 For 0 Against
|
0022| Yes: 7
|
0023| Excused: Rios, Vaughn, Vigil
|
0024| Absent: None
|
0025|
|
0001|
|
0002| G:\BILLTEXT\BILLW_97\H0442 State of New Mexico
|
0003| House of Representatives
|
0004|
|
0005| FORTY-THIRD LEGISLATURE
|
0006| FIRST SESSION, 1997
|
0007|
|
0008|
|
0009| March 7, 1997
|
0010|
|
0011|
|
0012| Mr. Speaker:
|
0013|
|
0014| Your JUDICIARY COMMITTEE, to whom has been referred
|
0015|
|
0016| HOUSE BILL 442
|
0017|
|
0018| has had it under consideration and reports same with
|
0019| recommendation that it DO PASS.
|
0020|
|
0021| Respectfully submitted,
|
0022|
|
0023|
|
0024|
|
0025|
|
0001|
|
0002| Thomas P. Foy, Chairman
|
0003|
|
0004|
|
0005| Adopted Not Adopted
|
0006|
|
0007| (Chief Clerk) (Chief Clerk)
|
0008|
|
0009| Date
|
0010|
|
0011| The roll call vote was 10 For 0 Against
|
0012| Yes: 10
|
0013| Excused: Rios, Sanchez, Stewart
|
0014| Absent: None
|
0015|
|
0016|
|
0017| G:\BILLTEXT\BILLW_97\H0442
|