Senate Bill 2783

AN ACT TO AMEND SECTION 59-21-27, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT CANOES FOR HIRE SHALL HAVE A SEPARATE CERTIFICATE OF NUMBER; TO BRING FORWARD SECTIONS 59-21-3 AND 59-21-19, MISSISSIPPI CODE OF 1972; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 59-21-27, Mississippi Code of 1972, is amended as follows:

59-21-27. An owner of more than one (1) livery boat or canoe shall be entitled to be awarded certificates of number for all such vessels on the payment of fees provided in Section 59-21-25. Each vessel shall have a separate and distinct number and shall be issued a separate certificate of number. Certificates of number under this section may be renewed on the payment of a single fee provided in Section 59-21-25.

SECTION 2. Section 59-21-3, Mississippi Code of 1972, is brought forward as follows:

59-21-3. As used in this chapter, unless the context clearly requires a different meaning:

(a) "Commission" means the Mississippi Commission on Wildlife, Fisheries and Parks.

(b) "Length" means the length of the vessel measured from end to end over the deck excluding sheer.

(d) "Machinery" means inboard and outboard engines and all other types of motors or mechanical devices.

(e) "Motorboat" means any undocumented vessel propelled by machinery, whether or not such machinery is the principal source of propulsion. The term motorboat includes personal watercraft.

(f) "Operate" means to navigate or otherwise use a motorboat or vessel.

(g) "Operator" means the person who operates or who has charge of the navigation or use of a motorboat or a vessel.

(h) "Owner" means the person who claims lawful possession of a vessel by virtue of legal title or equitable interest therein which entitles him to such possession.

(i) "Person" means an individual, partnership, firm, corporation, association or other entity.

(j) "Ships' lifeboats" means lifeboats used solely for lifesaving purposes and does not include dinghies, tenders, speedboats, or other type of craft carried aboard a vessel and used for other than lifesaving purposes.

(k) "Undocumented vessel" means any vessel which is not required to have, and does not have, a valid marine document issued by the Bureau of Customs.

(l) "Vessel" means every description of watercraft, other than seaplane on the water, used or capable of being used as a means of transportation on water.

(m) "Waters of this state" means any waters within the territorial limits of this state, and the marginal sea adjacent to this state and the high seas when navigated as a part of a journey or ride to or from the shore of the state; however, "waters of this state" does not mean any private pond or lake which is not used for boat rentals or the charging of fees for fishing therein.

SECTION 3. Section 59-21-19, Mississippi Code of 1972, is brought forward as follows:

59-21-19. (1) The certificate of number shall be pocket-size, approximately two and one-half inches (2-1/2") by three and one-half inches (3-1/2"), and water resistant.

(2) Pending the issuance of the original certificate of number, the owner of the vessel may be furnished a temporary certificate of number valid for sixty (60) days from the date of issue. This temporary certificate shall be carried on board when the vessel is being operated.

(3) Each applicant for an original or transfer certificate of number, who is entitled to issuance thereof, shall be issued a certificate for a period of two (2) years from the last day of the month of receipt of the original or transfer certificate. This subsection shall not apply to the certificate of number of a livery boat.

(4) The certificate of number of a livery boat shall be plainly marked "livery boat." The description of the motor and type of fuel will be omitted from the certificate of number in any case where the motor is not rented with the boat. Original and renewal certificates of number of a livery boat shall be valid for a period of two (2) years and shall expire at midnight on June 30 of each biennium beginning June 30, 1971.

(5) Numbers and certificates of number awarded boats operated by manufacturers and dealers may be transferred from one (1) boat to another. In lieu of the description, the word "manufacturer" or "dealer," as appropriate, will be plainly marked on each certificate. The manufacturer or dealer may have the number awarded printed upon or attached to a removable sign or signs to be temporarily mounted upon or attached to the boat being demonstrated or tested so long as the display meets the requirements of section 59-21-9.

SECTION 4. This act shall take effect and be in force from and after July 1, 2002.