GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 1999
SESSION LAW 1999-248
The General Assembly of North Carolina enacts:
Section 1. G.S. 75A-5(e) reads as rewritten:
"(e) The Wildlife
Resources Commission may award issue any certificate of number
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 awarding
thereof. issuance of vessel transactions subject to the requirements set
forth in this Chapter. In the event that a person accepts such
authorization, he may be assigned a block of numbers and certificates therefor
which upon award, Upon acceptance of this authorization, an agent's
actions in issuing any vessel transaction pursuant to this Chapter in
conformity with this Chapter and with any rules and regulations of the
Commission, shall be valid as if awarded issued directly
by the Commission. As compensation for his services any such agent
shall be allowed to retain for his own use fifty cents (50¢). 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 is authorized by
regulation to establish the qualifications of such agents, including, but not
limited to, their financial responsibility, the locations and types of business
operated by them and their facilities for safekeeping of unused certificates of
number, validation decals, and the monetary proceeds of certificates which have
been issued; to prescribe the duties of such agents, including, but not limited
to, the methods of issuing certificates of number and validation decals, the
evidence of ownership of vessels to be numbered by applicants for number, the
times and methods of making periodic and final reports of certificates and
decals issued and remaining unissued and remittances of public moneys and
unissued certificates and decals; to establish methods and procedures of
ensuring accountability of such agents for the proceeds of certificates and
decals issued and for certificates and decals remaining unissued; to require
individual or blanket bonds of such agents in amounts sufficient to protect the
State against loss of public moneys and unissued certificates and decals, the
premiums for such bonds to be paid by the agents; to permit such agents to
issue both original certificates of number and validation decals and renewals
thereof or to limit such agents, or any of them, to the issuance of the originals
only; to authorize some or all of such agents to issue temporary certificates
of number for use during a limited time pending delivery of regular
certificates of number and validation decals; to establish methods and
procedures, including submission of the amounts and kinds of evidence which the
Commission may deem sufficient, whereby any such agent may be relieved of
accountability for the value of unissued certificates and validation decals, or
of the monetary proceeds of those which have been issued, which have been lost
or destroyed as the result of any occurrence which is beyond the control of
such agent; and to prescribe such other reasonable requirements and conditions
as the Commission may, in its discretion, deem necessary or desirable to expedite
and control the issuance of certificates of number by such agents. 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 such regulations, administrative
guidelines developed pursuant to this section, the executive director is
authorized to prepare and distribute all forms necessary or convenient for
application for and the appointment and bonding of such agents and for
receipts, reports and remittances by such agents; to select and appoint such
agents in areas most convenient to the boating public and to limit the number
of such agents in any locality; to require prompt and accurate reporting and
remission of public moneys and unissued certificates and decals by such agents,
and to require periodic or special audits of their accounts; to revoke or
terminate any such agency for failure to make timely reports and remittances or
to comply with any administrative directive or regulation of the Commission, or
when he has reason to believe that State money or property is in jeopardy; and
to require immediate surrender of all agency accounts, forms, certificates,
decals and State moneys in the event of such revocation or termination of any
such agency. 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.
Any violation of the regulations authorized by this subsection shall be a
Class 1 misdemeanor. 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 one five hundred
dollars ($100.00), ($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.
s/ Dennis A. Wicker
President of the Senate
s/ James B. Black
Speaker of the House of Representatives
s/ James B. Hunt, Jr.
Governor
Approved 9:10 a.m. this 2nd day of July, 1999