View Amendment Current Amendment: 1 to Bill 3858

The Committee on Ways and Means proposes the following amendment (LC-3858.SA0004H):

Amend the bill, as and if amended, SECTION 1, by striking Section 50-23-70(A) and inserting:

 (A) The fee for a certificate of title for a watercraft is ten twenty dollars, and the fee for a certificate of title for an outboard motor is ten dollars.

Amend the bill further, SECTION 1, by striking Section 50-23-200(1) and inserting:

 (1) alter, forge, or counterfeit a certificate of title or manufacturer's or importer's statement of origin for a watercraft or for an outboard motor;

Amend the bill further, SECTION 1, by striking Section 50-23-205(A), (B), and (C) and inserting:

 (A) A stolen or abandoned, junked, adrift, destroyed, or salvaged watercraft or outboard motor, a watercraft or outboard motor for which the true owner is not determined, or a watercraft or outboard motor on which the manufacturer's or assigned serial number has been destroyed, removed, covered, altered, or defaced may be seized.
 (B) Upon seizure of the watercraft or outboard motor, the department shall notify a person claiming an interest in it, and the person has the right to prove his interest before the circuit court in the county where the property was seized. If no action is filed within sixty days of notification, the department may retain the property for official use or transfer the property to another public entity for official use, sell the property at public auction, or, if the watercraft or outboard motor is determined to be unsafe, destroy it. The proceeds derived from the sale must be deposited in the Boating Operating Fund of the department for administration of the program.
 (C) When the department determines the owner of a seized watercraft or outboard motor and related marine equipment, it shall notify the owner by certified mail of the procedure, the location, and the fact that he has not less than thirty days from the date of the certified letter to remove the equipment from the department's storage facility. If a security interest has been perfected, the department must notify the lienholder by certified mail allowing thirty days to respond. Failure to respond within thirty days or remove the watercraft or outboard motor by the date designated forfeits the equipment to the department to be used or disposed of according to law.

Amend the bill further, SECTION 1, by striking Section 50-23-250 and inserting:

 Section 50-23-250. The director, for the purpose of more effectively carrying out the provisions of this chapter, shall have the power to employ and appoint the necessary enforcement officers for enforcement of this chapter. The duties of such enforcement officers shall include but not be limited to investigating applications for certificate of title, inspecting watercraft, or outboard motors, in or at public facilities for purposes of locating stolen property, and investigating and reporting thefts of watercraft, or outboard motors. With respect to the enforcement of the provisions of this chapter, such enforcement officers shall have and may exercise throughout this State all of the powers of peace officers.

Amend the bill further, SECTION 6, by striking Section 12-37-220(54) and inserting:

 (54) fifty42.8571 percent of the fair market value of watercraft as defined in Section 50-23-5, regardless of the county in which the watercraft is located, however, this exemption does not apply to boats and watercraft classified as a primary or secondary residence as provided for in 12-34-224.

Renumber sections to conform.

Amend title to conform.