Bill Summary – FastDemocracy

BILL AS INTRODUCED                                                        H.609
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                                       H.609
 Introduced by Representatives Stebbins of Burlington, Dodge of Essex, and
                Pouech of Hinesburg
 Referred to Committee on
 Date:
 Subject: Motor vehicles; vessels; motorboats; registration fees; conservation
          and development; water resources; aquatic nuisance control; Lake
          Protection and Access Pass
 Statement of purpose of bill as introduced: This bill proposes to repeal the
 Motorboat Registration Fund and have all motorboat registration fees and
 penalties deposited in the Transportation Fund in compliance with federal law.
 This bill also proposes to require the Commissioner of Fish and Wildlife to
 issue the Lake Protection and Access Pass that owners or operators of
 motorboats and nonmotorized vessels would be required to annually obtain and
 affix to all motorboats and nonmotorized vessels operating in the waters of the
 State, with fees on the sale of Lake Protection and Access Passes deposited
 into a special fund to be used for aquatic nuisance control in the State and
 boating access areas in the State.
    An act relating to repealing the Motorboat Registration Fund and
    establishing the Lake Protection and Access Pass for use of State waters VT LEG #372622 v.1
     BILL AS INTRODUCED                                                          H.609
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 It is hereby enacted by the General Assembly of the State of Vermont:
 Sec. 1. 10 V.S.A. § 1452 is amended to read:
 § 1452. DEFINITIONS
    As used in this chapter:
          (1) “Agency” means the Agency of Natural Resources.
          (2) “Aquatic nuisance” means undesirable or excessive substances or
 populations biological organisms that interfere with the recreational potential
 or aquatic habitat of a body of water, including rooted aquatic plants and
 animal and algal populations. Aquatic nuisances include zebra mussels
 (Dreissena polymorpha), quagga mussels (Dreissena bugensis), Asian clam
 (Corbicula fluminea), fishhook waterflea (Cercopagis pengoi), rusty crayfish
 (Orconectes rusticus), spiny waterflea (Bythotrephes longimanus), or other
 species identified by the Secretary by rule.
          (3) “Aquatic plant” means a plant that naturally grows in water,
 saturated soils, or seasonally saturated soils, including algae and submerged,
 floating-leafed, floating, or emergent plants.
                                         ***
          (11) “Waters” means all rivers, streams, creeks, brooks, reservoirs,
 ponds, lakes, and springs and all bodies of surface waters, artificial or natural,
 that are contained within, flow through, or border upon the State or any portion
 of it.
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     BILL AS INTRODUCED                                                          H.609
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                                       ***
       (22) “Vessel” means every description of watercraft used or capable of
 being used as a means of transportation on water, including personal
 watercraft.
       (23) “Motorboat” has the same meaning as in 23 V.S.A. § 3302.
       (24) “Nonmotorized vessel” means every description of nonmotorized
 watercraft, including sailboats, rowboats, paddleboats, paddleboards, rafts,
 canoes, kayaks, or inflatable rafts and kayaks, used or capable of being used as
 a means of transportation on unfrozen water. “Nonmotorized vessel” does not
 mean a single air mattress, single inner tube, or other water toy used for
 flotation.
 Sec. 2. 10 V.S.A. §§ 1462 and 1463 are added to read:
 § 1462. LAKE PROTECTION AND ACCESS PASS; DECAL
    (a) Lake Protection and Access Pass; required for operation.
       (1) The Commissioner of Fish and Wildlife shall establish the Lake
 Protection and Access Pass that shall entitle the owner or operator of a
 motorboat or nonmotorized vessel to operate on a water of the State.
       (2) The Commissioner of Fish and Wildlife shall issue the Lake
 Protection and Access Pass annually and shall design the Pass as a decal to be
 attached to each of the following vessels operating in the State:
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     BILL AS INTRODUCED                                                        H.609
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          (A) a motorboat required to be registered by this State under
 23 V.S.A. § 3305;
          (B) a motorboat of less than 10 horsepower used as a tender to a
 motorboat required to be registered by this State under 23 V.S.A. § 3305;
          (C) a motorboat that is exempt from Vermont numbering provisions
 under 23 V.S.A. § 3307 that the owner expects will only be operated in the
 waters of the State during the applicable calendar year;
          (D) a motorboat that has been registered in another state under a
 federally approved numbering system or that has a valid document issued by
 the U.S. Coast Guard, U.S. Customs and Border Protection, or any other
 federal agency;
          (E) a motorboat that is exempt from Vermont numbering provisions
 under 23 V.S.A. § 3307 that the owner expects will be operated in the waters
 of another state at least once during the applicable calendar year; and
          (F) a nonmotorized vessel.
       (3) The Lake Protection and Access Pass decal shall be displayed:
          (A) on the port side of a motorboat three inches ahead of the
 validation sticker or registration number;
          (B) on the port side of the bow above the waterline of a
 nonmotorized vessel that has a bow; or VT LEG #372622 v.1
     BILL AS INTRODUCED                                                         H.609
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          (C) on an easily retrievable and visible attachment to a nonmotorized
 vessel that does not have a bow.
       (4) Notwithstanding subdivisions (1) and (2) of this subsection,
 motorboats or nonmotorized vessels operating in interstate waters shared with
 another state or province shall be exempt from the requirement of subdivision
 (2) of this subsection if the motorboat or nonmotorized vessel displays an
 equivalent aquatic invasive species decal issued by the other state or province.
 The provisions of this subdivision shall not be valid unless the other state or
 province enacts legislation that is substantially the same as the Lake Protection
 and Access Pass requirements in this section and gives reciprocal exemptions
 to motorboats displaying the Vermont Lake Protection and Access Pass.
    (b) Fee; issuance and expiration. The Commissioner of Fish and Wildlife
 shall charge the following fees for the Lake Protection and Access Pass:
       (1) Vermont residents: $20.00;
       (2) nonresidents of Vermont: $40.00; and
       (3) Vermont businesses or associations with 10 or more nonmotorized
 vessels: $200.00 for up to 20 nonmotorized vessels.
    (c) Expiration. The Lake Protection and Access Pass shall, without regard
 to transfer of ownership of the motorboat or nonmotorized vessel, expire on
 December 31 in the year for which it is issued.
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     BILL AS INTRODUCED                                                        H.609
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    (d) Signage. The Commissioner of Fish and Wildlife shall ensure that
 signage regarding aquatic nuisances and the required Lake Protection and
 Access Pass is prominently posted at public access points to waters of the State
 and entrances and exits to limited access highways as that term is defined in
 19 V.S.A. § 1(25).
 § 1463. LAKE PROTECTION AND ACCESS; SPECIAL FUND
    (a) There is created a special fund known as the Lake Protection and
 Access Special Fund to be administered by the Secretary of Natural Resources.
    (b) The Fund shall consist of:
       (1) fees collected by the Commissioner of Fish and Wildlife from the
 sale of Lake Protection and Access Passes under section 1462 of this title;
       (2) funds that may be appropriated by the General Assembly; and
       (3) other gifts, donations, or funds received from any source, public or
 private, dedicated for deposit into the Fund.
    (c) Revenue in the Fund shall be allocated as follows:
       (1) 10 percent to the Department of Fish and Wildlife, to be used for the
 administrative costs of implementing the requirements of this chapter;
       (2) 45 percent to the Department of Fish and Wildlife, to be used to
 match federal funds, for upgrading and expanding boating access areas and
 facilities located at those areas, for developing and constructing new boating VT LEG #372622 v.1
     BILL AS INTRODUCED                                                         H.609
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 access areas, and for facilitating or establishing and maintaining pump out
 stations; and
         (3) 45 percent to the Department of Environmental Conservation for the
 purpose of aquatic nuisance control under this chapter, including:
            (A) to award grants to municipalities under the grant-in-aid program
 established under section 1458 of this title;
            (B) to fund aquatic nuisance inspection stations and the training
 program for station staff under section 1461 of this title; and
            (C) to fund installation or replacement of signage at fishing and
 boating access areas to warn of aquatic nuisance infections in waters or to
 advise users of waters to inspect or wash their motorboats and nonmotorized
 vessels.
    (d) Notwithstanding the requirements of 32 V.S.A. § 588(3) and (4),
 interest earned by the Fund and the balance of the Fund at the end of the fiscal
 year shall be carried forward in the Fund and shall not revert to the General
 Fund.
 Sec. 3. WARNINGS IN 2025
    In 2025, law enforcement officers shall not issue civil violations for failure
 to display the Lake Protection and Access Pass as required under 10 V.S.A.
 § 1462. Instead, law enforcement officers shall issue warnings for failure to
 display the Lake Protection and Access Pass and provide copies of the aquatic VT LEG #372622 v.1
     BILL AS INTRODUCED                                                        H.609
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 invasive species information required under 23 V.S.A. § 3305(k) to the
 operator of any motorboat or nonmotorized vessel that is observed in the
 waters of this State without displaying the Lake Protection and Access Pass.
 Sec. 4. 23 V.S.A. § 3305(k) is amended to read:
    (k) The Commissioner shall enclose with every permanent and temporary
 motorboat registration and registration renewal certificate issued pursuant to
 this chapter a statement, based on current aquatic nuisance threats and spread
 prevention methods, regarding the danger of aquatic nuisances, how aquatic
 nuisance species are spread, and how spread of aquatic nuisance species may
 be controlled, and the requirement that the owner or operator of a motorboat or
 nonmotorized vessel is required annually by 10 V.S.A. § 1462 to obtain the
 Lake Protection and Access Pass.
 Sec. 5. 19 V.S.A. § 11 is amended to read:
 § 11. TRANSPORTATION FUND
    The Transportation Fund shall comprise the following:
       (1) all taxes, penalties, and fees received by the Commissioner of Motor
 Vehicles except those relating to motorboats imposed under 23 V.S.A. chapter
 29, which shall be expended pursuant to 23 V.S.A. § 3319;
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     BILL AS INTRODUCED                                                         H.609
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 Sec. 6. 23 V.S.A. § 3305(b) is amended to read:
    (b) Annually or biennially, the owner of each motorboat required to be
 registered by this State shall file an application for a number with the
 Commissioner of Motor Vehicles on forms approved by him or her the
 Commissioner. The application shall be signed by the owner of the motorboat
 and shall be accompanied by an annual fee of $31.00, or a biennial fee of
 $57.00, for a motorboat in class A; by an annual fee of $49.00, or a biennial
 fee of $93.00, for a motorboat in class 1; by an annual fee of $80.00, or a
 biennial fee of $155.00, for a motorboat in class 2; by an annual fee of
 $153.00, or a biennial fee of $303.00, for a motorboat in class 3. Upon receipt
 of the application in approved form, the Commissioner shall enter the
 application upon the records of the Department of Motor Vehicles and issue to
 the applicant a registration certificate 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 number in
 such manner as may be prescribed by rules of the Commissioner in order that it
 may be clearly visible. The registration shall be void one year from the first
 day of the month following the month of issue in the case of annual
 registrations or void two years from the first day of the month following the
 month of issue in the case of biennial registrations. A motorboat of less than
 10 horsepower used as a tender to a registered motorboat shall be deemed VT LEG #372622 v.1
     BILL AS INTRODUCED                                                         H.609
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 registered, at no additional cost, and shall have painted or attached to both
 sides of the bow the same registration number as the registered motorboat with
 the number “1” after the number. The number shall be maintained in legible
 condition. The registration certificate shall be pocket size and shall be
 available at all times for inspection on the motorboat for which issued,
 whenever the motorboat is in operation. A duplicate registration may be
 obtained upon payment of a fee of $3.00 to the Commissioner. Registration
 fees shall be allocated in accordance with section 3319 of this title.
 Sec. 7. REPEAL
    23 V.S.A. § 3319 (Motorboat Registration Fund) is repealed.
 Sec. 8. TRANSFER OF MOTORBOAT REGISTRATION FUND;
         CARRYFORWARD
    The balance of the Motorboat Registration Fund at the close of State fiscal
 year 2025 shall be transferred to the Transportation Fund and carried forward
 to State fiscal year 2026.
 Sec. 9. EFFECTIVE DATES
    (a) This section and Secs. 1–4 (Lake Protection and Access Passes) and 8
 (transfer of Motorboat Registration Fund) shall take effect on January 1, 2025.
    (b) Secs. 5–7 (Motorboat Registration Fund and Transportation Fund
 amendments) shall take effect on July 1, 2025.
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Statutes affected: 
As Introduced: 10-1452, 23-3305(k), 23-3305, 19-11, 23-3305(b), 23-3319