GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 1999

HOUSE BILL 237
RATIFIED BILL

AN ACT TO INCREASE THE FEE PAID TO AGENTS OF THE WILDLIFE RESOURCES COMMISSION TO AWARD CERTIFICATES OF BOAT NUMBER OR OTHER VESSEL TRANSACTION AND TO AMEND THE DUTIES OF THE WILDLIFE RESOURCES COMMISSION WITH REGARD TO THE APPOINTMENT OF AGENTS FOR THE ISSUANCE OF BOAT NUMBERS, TO RAISE THE REPORTING REQUIREMENT FOR BOATING ACCIDENTS TO DAMAGES IN EXCESS OF FIVE HUNDRED DOLLARS, AND TO REPEAL THE LAW REQUIRING PERMITS FROM THE WILDLIFE RESOURCES COMMISSION TO HOLD REGATTAS AND OTHER EVENTS.

The General Assembly of North Carolina enacts:

Section 1.  G.S. 75A-5(e) reads as rewritten:
"(e)	The Wildlife Resources Commission may issue any vessel transaction pursuant to the provisions of Article 1 or 4 of this Chapter directly or may authorize any person  qualified as prescribed in subsection (l) of this section to act as agent for the issuance of vessel transactions subject to the requirements set forth in this Chapter.  Upon acceptance of this authorization, an agent's actions in issuing any vessel transaction pursuant to this Chapter shall be valid as if issued directly by the Commission.  As compensation for services rendered to the Commission and to the general public, the agent shall receive the following specified commission from the statutory fee for each listed transaction:
(1)	Renewal of vessel registration - $1.25.
(2)	Transfer of ownership and registration of a vessel - $3.00.
(3)	Issuance of new certificate of vessel number and registration - $3.00.
(4)	Issuance of duplicate vessel registration - $0.50.
(5)	Issuance, transfer, duplication, or lien recordation of vessel title - $3.00.
It is a Class 1 misdemeanor for any such agent to charge or accept any additional fee, remuneration, or other thing of value for such services."
Section 2.  G.S. 75A-5(l) reads as rewritten:
	"(l)  When certificates of number are to be issued by agents as provided by subsection (e) of this section, the Wildlife Resources Commission may establish administrative guidelines that prescribe:
(1)	The qualifications of agents;
(2)	The duties of agents;
(3)	Methods and procedures to ensure accountability and security for proceeds and unissued certificates of number;
(4)	Requirements for security bonds in amounts sufficient to protect the State against loss of public funds or documents;
(5)	Methods and procedures, including submission of the kinds and amounts of evidence deemed sufficient to relieve an agent of responsibility for losses due to occurrences beyond the agent's control; and
(6)	Any other reasonable requirement or condition deemed necessary and desirable to expedite and control the issuance of certificates of boat number by agents.
In accordance with administrative guidelines developed pursuant to this section, the executive director may:
(1)	Select and appoint agents in the areas most convenient to the boating public and limit the number of agents in any one area if necessary for efficiency of operation;
(2)	Require prompt and accurate reporting and remittance of public funds or documents by agents;
(3)	Conduct periodic and special audits of accounts;
(4)	Terminate the authorization of any agent found to be in noncompliance with administrative guidelines or directives of the Commission or when State funds or property are reasonably believed to be in jeopardy; and
(5)	Demand the immediate surrender of all accounts, forms, certificates, decals, records, and State funds and property in the event of the termination of an agency.
A person who is denied the authority to act as an agent for the issuance of certificates of number and validation decals or whose authority to do so is revoked may not commence a contested case under G.S. 150B-23.  If any check or draft of any agent for the issuance of certificates of boat number shall be returned by the banking facility upon which the same is drawn for lack of funds, such agent shall be liable to the Wildlife Resources Commission for a penalty of five percent (5%) of the amount of such check or draft, but in no event shall such penalty be less than five dollars ($5.00) or more than two hundred dollars ($200.00).  Agents shall be assessed a penalty of twenty-five percent (25%) of their issuing fee on all remittances to the Commission after the fifteenth day of the month immediately following the month of sale."
Section 3.  G.S. 75A-11(b) reads as rewritten:
"(b)	In the case of collision, accident, or other casualty involving a vessel, the operator thereof, if the collision, accident, or other casualty results in death or injury to a person or damage to property in excess of five hundred dollars ($500.00), shall, within 10 days, file with the Wildlife Resources Commission a full description of the  collision, accident, or other casualty, including such information as  said agency may, by regulation, require. Such report shall not be admissible as evidence."
Section 4.  G.S. 75A-14 is repealed.
Section 5.  This act becomes effective July 1, 1999.
In the General Assembly read three times and ratified this the 22nd day of June, 1999.

	─────────────────── 
	Dennis A. Wicker
	President of the Senate

	─────────────────── 
	James B. Black
	Speaker of the House of Representatives

	─────────────────── 
	James B. Hunt, Jr.
	Governor

Approved 	.m. this 	 day of 	, 19