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Text of compact

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COMPACT BETWEEN ARKANSAS AND MISSISSIPPI CREATING AN ARKANSAS-MISSISSIPPI BRIDGE COMMISSION

ARTICLE I

There is created an Arkansas-Mississippi Bridge Commission (hereinafter referred to as the commission) which shall be a body corporate and politic and which shall have the following powers and duties:

(1) To plan, construct, maintain, and operate a bridge and approaches thereto across the Mississippi River at or near Helena, Arkansas, and Friars Point, Mississippi, at a point deemed by the commission as most suitable to the interests of the citizens of the States of Arkansas and Mississippi in accordance with the provisions of an act of the Seventy-Ninth Congress, Second Session, of the United States entitled “The General Bridge Act of 1946”;
(2) To purchase, maintain and, in its discretion, to operate all or any ferries across the Mississippi River within twenty-five (25) miles of the site selected for the bridge;
(3) To contract, to sue, and be sued in its own name; to purchase or otherwise acquire, hold, and dispose of real and personal property;
(4) To acquire by proper condemnation proceedings such real property as may be necessary for the construction and operation of the bridge and the approaches thereto;
(5) To issue bonds on the security of the revenues derived from the operation of the bridge and ferries for the payment of the cost of the bridge, its approaches, ferry or ferries, and the necessary lands, easements, and appurtenances thereto including interest during construction and all necessary engineering, legal, architectural, traffic surveying, and other necessary expenses. Such bonds shall be the negotiable bonds of the commission, the income of which shall be tax free. The principal and interest of the bonds, and any premiums to be paid for their retirement before maturity, shall be paid solely from the revenues derived from the bridge and ferries;
(6) To establish and charge tolls for transit over such bridge and ferries in accordance with the provisions of this compact;
(7) To perform all other necessary and incidental functions.

ARTICLE II

The rates of tolls to be charged for transit over such bridge and ferries shall be so adjusted as to provide a fund sufficient to pay for the reasonable cost of maintenance, repairs, and operation (including the approaches to the bridge) under economical management, and also to provide a sinking fund sufficient to pay the principal and interest of the outstanding bonds. All tolls and other revenues derived from facilities of the commission are pledged to such uses.

ARTICLE III

The commission shall keep an accurate record of the cost of the bridge and other expenses and of the daily revenues collected and shall report annually to the governor of each state setting forth in detail the operations and transactions conducted by it pursuant to this agreement and any legislation thereunder.

ARTICLE IV

When the bonds have been retired, the part of the bridge within the State of Arkansas shall be conveyed to the State of Arkansas, and that part within the State of Mississippi to the State of Mississippi, and the high contracting parties to this compact do hereby agree that thereafter the bridge shall be free of tolls and shall be properly maintained, operated and repaired by the two states as may be agreed upon.

ARTICLE V

The commission shall consist of eighteen (18) members, nine (9) of whom shall be qualified electors of the State of Arkansas and nine (9) of whom shall be qualified electors of the State of Mississippi. The Arkansas members are to be chosen by the State of Arkansas, and the Mississippi members are to be chosen by the State of Mississippi, in the manner and for the term fixed by the legislature of each state, except as herein provided. The first commission, acting under this compact, shall be the present members of the Arkansas-Mississippi Bridge Commission heretofore appointed under the terms and provisions of Act of Congress approved May 17, 1939 (Public Act 80, 76th Congress), as amended by Act of Congress approved June 19, 1948 (Public Act 701, 80th Congress), said commission consisting of the following members: J. B. Lambert, Helena, Arkansas; R. L. Brooks, Helena, Arkansas; K. B. Laswell, Helena, Arkansas; John C. Sheffield, Helena, Arkansas; C. N. Houck, Marianna, Arkansas; William Campbell, Forrest City, Arkansas; Clarence Thomas, Clarendon, Arkansas; Ballard Deane, St. Charles, Arkansas; DeWitt Poe, McGehee, Arkansas; W. K. Anderson, Clarksville, Mississippi; E. Cage Brewer, Clarksdale, Mississippi; M. D. Brett, Clarksdale, Mississippi; R. N. Baltzer, Clarksdale, Mississippi; Sol Hirsburg, Friars Point, Mississippi; John Dunlap, Batesville, Mississippi; Noel M. Hodge, Oxford, Mississippi; Grady Cook, Pontotoc, Mississippi; James A. Finely, Tupelo, Mississippi.

ARTICLE VI

(1) The Commission shall elect from its number a chairman and a vice chairman and may appoint such officers and employees as it may require for the performance of its duties and shall fix and determine their qualifications and duties.
(2) Until otherwise determined by the legislature of the two states, no action of the commission shall be binding unless taken at a meeting at which at least five (5) members from each state are present and unless a majority of the members from each state present at such meeting shall vote in favor thereof. Each state reserves the right hereafter to provide by law for the exercise of the veto power by the governor thereof over any action of any commission appointed therefrom.
(3) The two states shall provide penalties for violations of any order, rule or regulation of the commission, and for the manner of enforcing same.
1. (a) The States which are parties to this Compact (hereinafter referred to as “party states”) do hereby establish and create a joint agency which shall be known as the Arkansas-Mississippi Great River Bridge Authority (hereinafter referred to as “the authority”). The membership of each authority shall consist of five (5) representatives from the State of Mississippi, to be selected in such manner as may be provided by the laws enacted by the Legislature of the State of Mississippi, and five (5) members from the State of Arkansas, to be selected in such manner as determined by laws enacted by the Arkansas General Assembly. The terms of the members of such authority from each of the party states, the method of appointing successor members, and the method of filling vacancies on the authorities of the party states, shall be determined by the laws of Mississippi and Arkansas.
2. (b) The members of the authority shall not be compensated for services on the authority, but each member shall be entitled to actual and reasonable expenses incurred in attending meetings or incurred otherwise in the performance of his/her duties as a member of the authority.
3. (c) The members of the authority shall meet upon the call of the chairman and hold such other meetings as its business may require. Special meetings of the authority may be called by the chairman or upon written request of a majority of the members of the authority from each of the party states. The authority shall choose annually a chairman and vice chairman from its members, and the chairmanship shall rotate each year among the party states, in order of their acceptance of this compact.
4. (d) The secretary of the authority (hereinafter provided for) shall notify each member in writing of all meetings of the authority in such a manner and under such rules and regulations as the authority may prescribe.
5. (e) The authority shall adopt rules and regulations for the transaction of its business; and the secretary shall keep a record of all its business and shall furnish a copy thereof to each member of the authority.
6. (f) It shall be the duty of the authority, in general, to promote, encourage, and coordinate the efforts of the party states to secure the development of the Arkansas-Mississippi Great River Bridge at or near Rosedale, Mississippi and McGehee-Dumas, Arkansas. Toward this end, the authority shall have power to:
  1. (i) Hold hearings;
  2. (ii) Conduct studies and surveys of all problems, benefits, and other matters associated with the construction of the Arkansas-Mississippi Great River Bridge, and to make reports thereon;
  3. (iii) Acquire by gift, grant or otherwise, from local, state, federal, or private sources, such money or property as may be provided for the proper performance of their function, and to hold and dispose of the same;
  4. (iv) Cooperate with other public or private groups, whether local, state, regional, or national, having an interest in the bridge construction;
  5. (v) Formulate and execute plans and policies for emphasizing the purpose of this Compact before the Congress of the United States and other appropriate officers and agencies of the United States; and
  6. (vi) Negotiate with one or more railroads in the State of Mississippi and the State of Arkansas, and with the appropriate federal authorities for the construction of the Arkansas-Mississippi Great River Bridge as a combined highway-railroad bridge, with the cost of the railroad portion of the bridge to be provided from sources other than funds of the two party states, unless moneys to defray part or all of the cost of constructing such railroad portion of the bridge is appropriated by the legislatures of the party states. If necessary, the authority may enter into a contract with one or more railroads and/or the appropriate agencies of Congress to borrow funds for the construction of such railroad portion of the bridge, to be reimbursed, including all costs of principal, interest and other costs in connection with such indebtedness, by revenues derived from rental fees, grants, or other charges, with such indebtedness to be secured solely by a pledge of such revenues, and such indebtedness shall not be an obligation upon the revenues or the full faith and credit of the party states to this compact, unless laws authorizing such pledge are enacted by the party states;
  7. (vii) Exercise such other powers as may be appropriate to enable it to accomplish its functions and duties in connection with the construction of the Arkansas-Mississippi Great River Bridge as a highway bridge or a combined highway-railroad bridge, and to carry out the purposes of this compact.
1. The five (5) members to represent the State of Arkansas on the Arkansas-Mississippi Great River Bridge Construction Compact shall be the five (5) members serving on the State Highway Commission established pursuant to the provisions of Arkansas Constitution, Amendment 42, and members of the State Highway Commission shall serve on the compact authority during their respective terms as members of the State Highway Commission.
2. Vacancies that occur in any member position on the authority from the State of Arkansas shall be filled by the successor member of the highway commission appointed to serve thereon, in the manner set forth in Arkansas Constitution, Amendment 42.
1. There is granted to the members of the authority for the State of Arkansas, and to the compact administrator, all the powers provided for in the Arkansas-Mississippi Great River Bridge Construction Compact Authority.
2. All officers of the State of Arkansas are authorized and directed to do all things falling within their respective jurisdictions, which are necessary or incidental to carrying out the purposes of the Arkansas-Mississippi Great River Bridge Construction Compact.
1. When the Chairman of the State Highway Commission shall have executed the compact on behalf of this state and shall cause a verified copy thereof to be filed with the Secretary of State, and when the compact shall have been ratified by the State of Mississippi, then the compact shall become operative and effective as between the States of Arkansas and Mississippi.
2. The Chairman of the State Highway Commission is authorized and directed to take such action as may be necessary to complete the exchange of official documents between this state and the State of Mississippi with respect to ratifying the compact.
1. The State Highway Commission is authorized and empowered to:
  1. 1. Acquire by purchase or exercise of its powers of eminent domain sites and rights-of-way for, and construct, maintain, repair, and operate, turnpike projects at such locations as it shall determine in accordance with proper design and construction standards.
    2. 1. Turnpike projects shall be constructed in accordance with applicable laws pertaining to competitive bidding, contracting, performance and payment bonds, and other matters applicable to similar highway construction by the commission.
      2. However, turnpike projects developed in cooperation with other states, agencies, or political subdivisions thereof or nonmember nonstock transportation corporations created under the laws of another state may be developed, operated, and maintained on the basis of contracts for the design, engineering, procurement and construction, and like arrangements for the integrated development of turnpike projects or pursuant to the basis for the development, operation, and maintenance of a turnpike project permitted under the laws of another state upon the commission's setting forth in a resolution its finding that any such arrangement is the preferable method for development of the turnpike project and the reasons for such finding;
  2. Apply for, receive, accept, and use any moneys and properties from agencies of the United States Government, from any state or other governmental agency or political subdivision, from any public or private corporation, agency, or organization of any nature, and from any individual or group of individuals;
  3. Establish accounts in one (1) or more banks and thereafter from time to time make deposits in and withdrawals from such accounts and otherwise invest or reinvest its money;
  4. Obtain the necessary funds for financing the objects specified in this subchapter, including without limitation the proceeds of the sale of revenue bonds as authorized in this subchapter;
  5. Fix, revise from time to time, charge, and collect tolls for transit over each turnpike project constructed;
  6. Establish rules for the use of each turnpike project;
  7. Employ consulting engineers, attorneys, accountants, construction and financial experts, superintendents, and other employees and agents that may be necessary in its judgment;
  8. Enter into and implement any agreements or compacts with the United States or any state or any department or agency of the United States or of any state, or a political subdivision of any state, or any person concerning operation, revenues, or other matters pertaining to planning, financing, constructing, and operating turnpike projects leading from this state into another state or states and turnpike projects to be developed and operated jointly, whether by the commission, by another party to the agreement or compact, by an agency created pursuant to the agreement or compact, or by another person, whether or not leading from this state into another state or states; and
  9. Take such other action, not inconsistent with law, as may be necessary or desirable to carry out the powers conferred by this subchapter and to carry out the intent and purposes of this subchapter.
2. Each turnpike project shall be separately designated by appropriate name or number and may be constructed, reconstructed, rehabilitated, or extended in sections and stages as the commission may from time to time determine.
1. The State Highway Commission is authorized to fix, revise, charge, and collect tolls for the use of each turnpike project and the different parts or sections thereof and to contract with any person, partnership, association, corporation, or organization desiring the use of any part thereof, including the right-of-way adjoining the paved portion, for the placing thereon telephone, telegraph, electric light or power lines, and other facilities or improvements, or for any other purpose, and to fix the terms, conditions, rents, and rates of charges for use.
2. The tolls authorized by this subchapter shall not be subject to supervision or regulation by any other commission, board, bureau, or agency of the State of Arkansas.
1. Revenues derived from any turnpike project that are used to secure revenue bonds shall be deposited in a bank or banks selected by the State Highway Commission.
2. The turnpike project revenues are declared to be cash funds, restricted in their use, and dedicated and to be used solely as authorized in this subchapter.
3. 1. The revenues shall be used for the following purposes subject to the order and priority provided in the trust indenture or the authorizing resolution:
    1. To pay the reasonable expenses of maintenance, repair, and operation of the turnpike project or projects involved;
    2. To pay as due the debt service on all revenue bonds to which revenues of the turnpike project or projects are pledged, including the original issue or issues, bonds issued for reconstruction and extension, and refunding bonds, as authorized in this subchapter;
    3. For the establishing or, once established, for maintaining any reserves as provided in the authorizing resolution or the trust indenture;
    4. For the redemption of bonds prior to maturity, if provision is made for redemption, all as shall be specified in detail in the trust indenture, and all indentures supplemental thereto, securing the bonds;
    5. To pay as due the debt service on turnpike projects other than the turnpike project from which derived; and
    6. For other lawful commission purposes.
  2. Any other revenue shall be transferred to the Treasurer of State, who shall transfer such revenue to the Arkansas Department of Transportation, there to be used for the maintenance, operation, and improvement required by the department in carrying out its functions, powers, and duties.
4. Turnpike project revenues shall not be subject to the provisions in § 27-70-206.
1. The State Highway Commission may issue turnpike revenue bonds from time to time in principal amounts sufficient to pay the costs of a turnpike project.
2. For a turnpike project:
  1. There may be more than one (1) issue of bonds;
  2. There may be one (1) issue sold and delivered in series; and
  3. There may be a subsequent issue or subsequent issues of bonds for all or any of the following purposes:
    1. Completion of the construction of a turnpike project;
    2. Reconstruction work on a turnpike project when the amount involved is such that it cannot be handled as an item of maintenance and repair out of turnpike project revenues;
    3. The extension of a turnpike project; or
    4. The refund of any prior issues of bonds as provided under § 27-90-212.
3. The issues under subdivision (b)(3) of this section are subject in each instance to such conditions concerning available and estimated turnpike project revenues and other conditions ensuring prompt payment of the debt service on subsequent bond issues as the commission shall determine and specify in its authorizing resolution or in the trust indenture securing the bonds.
4. In all instances, priority between and among issues and successive issues shall be controlled by the authorizing resolution or by the trust indenture securing the bonds.
5. Turnpike revenue bonds shall have all the qualities of negotiable instruments under the laws of the State of Arkansas, subject to the provisions of this subchapter regarding registration.
1. Turnpike revenue bonds shall be authorized by resolution of the State Highway Commission, the authorizing resolution.
2. The bonds may be registrable as to both principal and interest without coupons and may be made exchangeable for bonds of another denomination.
3. The bonds may:
  1. Be in such form and denominations;
  2. Have such date or dates;
  3. Mature at such time or times;
  4. Bear interest payable at such time or times and at such rate or rates, including variable rates;
  5. Be payable at such place or places within or without the State of Arkansas;
  6. Be subject to such terms of redemption in advance of maturity at such prices, including such premiums; and
  7. Contain such terms and provisions all as the commission may determine.
4. The authorizing resolution may contain any other terms, covenants, and conditions that are deemed desirable by the commission, including, without limitation:
  1. Those pertaining to the custody, investment, and application of bond proceeds;
  2. The maintenance and investment of various funds and reserves;
  3. The nature and extent of the security; and
  4. The rights, duties, and obligations of the commission and of the holders and registered owners of the bonds.
5. Interest on the bonds may be payable currently or on a compound basis.
6. The commission may enter into any contracts which it determines to be necessary or appropriate to achieve desirable effective interest rates on bonds and the mitigation of investment and interest rate risk by means of, but not limited to, contracts commonly known as investment and interest rate contracts, funding agreements, interest rate swap agreements, or contracts providing for payments based on levels of or changes in interest rates, or contracts.
1. The authorizing resolution may provide for the execution by the State Highway Commission with a bank or trust company within or without the State of Arkansas of a trust indenture.
2. The trust indenture may control the priority between and among successive issues and series and may contain any other terms, covenants, and conditions that are deemed desirable, including without limitation:
  1. Terms pertaining to the custody, application, and investment of the proceeds of bonds;
  2. The collection, disposition, and investment of turnpike project revenues;
  3. The maintenance and investment of various funds and reserves;
  4. The nature and extent of the security and the rights, duties, and obligations of the commission and the trustee for the holders or registered owners of the bonds; and
  5. The rights of the holders or registered owners of the bonds.
1. Bonds issued under this subchapter may be sold at public or private sale, as determined by the State Highway Commission.
2. If sold at public sale, the bonds shall be sold on electronic or sealed bids, and notice of the sale shall be published once in a newspaper published in the City of Little Rock and having a general circulation throughout the State of Arkansas at least twenty (20) days prior to the date of sale.
3. 1. In either case, the bonds may be sold at a price as the commission may accept, including sale at a premium or a discount.
  2. In no event shall any bid or price be accepted which results in an interest cost exceeding that permitted by law.
1. Bonds shall be executed by the manual or facsimile signatures of the chair of the State Highway Commission and the secretary of the commission or otherwise as specified in the resolution authorizing the bonds.
2. In case any of the officers or the secretary whose signatures appear on the bonds or coupons shall cease to be officers or the secretary before the delivery date of the bonds, their signatures nevertheless shall be valid and sufficient for all purposes.
1. It shall be plainly stated on the face of each bond that it has been issued under this subchapter, and the bonds issued shall be obligations only of the State Highway Commission and shall be special obligations, secured solely by pledges of turnpike project revenues or specifically designated federal grants.
2. No member of the commission shall be personally liable on the bonds or for any damages sustained by anyone in connection with any contracts entered into in carrying out the purposes and intent of this subchapter, unless that member shall have acted with a corrupt intent.
1. 1. The principal of and interest on all bonds issued under this subchapter shall be secured by a pledge of, and shall be payable from turnpike project revenues.
  2. The pledge of revenues to the payment of the principal of and interest on the bonds shall be valid and binding from the time the pledge is made.
  3. The turnpike project revenues so pledged shall immediately be subject to the lien of the pledge without any physical delivery thereof or further act.
  4. The lien of the pledge shall be valid and binding as against all parties having claims of any kind in tort, contract, or otherwise against the commission, irrespective of whether such parties have notice thereof.
  5. Neither the authorizing resolution nor any trust indenture by which a pledge is created need be filed or recorded in any office or other place except in the records of the State Highway Commission.
2. 1. Principal and interest shall not be secured by a statutory or foreclosable mortgage lien on a turnpike project, any of the facilities of or in connection with a turnpike project, or any other facilities owned or operated by the commission.
  2. The term “facilities” includes all real and personal property owned or operated by the commission.
3. 1. Each resolution authorizing the issuance of bonds and each trust indenture executed and delivered to secure the bonds in this subchapter shall constitute a contract by and between the commission and the holders and registered owners of the bonds issued under the resolution or trust indenture.
  2. Any contract and all covenants, agreements, and obligations therein, including without limitation an obligation on the part of the commission to operate a turnpike project as a revenue-producing undertaking so long as any bonds are outstanding, to maintain the turnpike project, and to charge and collect turnpike project revenues in required amounts, all as specified in detail in the authorizing resolution, the trust indenture, and in this subchapter shall be promptly performed in accordance with the terms and provisions of the contract.
  3. The contract and all rights of the trustee and holders and registered owners of the bonds and the obligations of the commission may be enforced by mandamus or any other appropriate proceeding at law or in equity.
1. Revenue bonds may be issued for the purpose of refunding any bonds issued under this subchapter.
2. Refunding bonds may be combined into a single issue with revenue bonds issued for the purpose of completing, reconstructing, or extending the turnpike project.
3. Refunding bonds may either be sold or delivered in exchange for the bonds being refunded.
4. If sold, the proceeds may be either applied to the payment of the bonds being refunded or deposited in trust and there maintained in cash or investments for the retirement thereof, as shall be specified in the authorizing resolution or trust indenture securing the refunding bonds.
5. The authorizing resolution and the trust indenture securing the refunding bonds may provide that the refunding bonds shall have the same priority of lien on turnpike project revenues pledged for their payment as was enjoyed by the bonds refunded thereby.
6. Refunding bonds shall be sold and secured in accordance with the provisions of this subchapter pertaining to the sale and security of revenue bonds.
1. Revenue bonds issued under this subchapter are made securities in which all insurance companies, trust companies, banks, investment companies, executors, administrators, trustees, and other fiduciaries may properly and legally invest funds, including capital in their control or belonging to them.
2. The bonds are made securities which may properly and legally be deposited with and received by any state, county, or municipal officer or any agency or political subdivision of the state for any purpose for which the deposit of bonds or obligations of the state is now or may be authorized by law.
3. Any municipality or county, or any board, commission, or other authority established by any municipality or county, or the boards of trustees, respectively, of any retirement fund or retirement system created by or pursuant to authority conferred by the General Assembly may in its discretion invest any of its funds not immediately needed for its purposes in bonds issued under this subchapter.
4. Bonds issued under this subchapter shall be eligible to secure the deposit of public funds.
1. The principal of and interest on bonds issued under this subchapter shall be exempt from all state, county, and municipal taxes, and this exemption shall include income, inheritance, and estate taxes.
2. All turnpike projects and all the properties thereof are legislatively determined and declared to be public properties used exclusively for public purposes. The legislative intent is that turnpike projects and all properties thereof shall be exempt from ad valorem taxes under and pursuant to the provisions of Arkansas Constitution, Article 16, § 5.
1. 1. This subchapter shall be construed liberally.
  2. All acts and activities authorized by this subchapter are legislatively determined and declared to be essential governmental functions.
2. The State Highway Commission is empowered to take such action and do or cause to be done such things as shall be necessary or desirable to accomplish and implement the purposes and intent of this subchapter according to the import of this subchapter with the action taken by the commission or the things done or caused to be done by the commission pursuant to the provisions of this subchapter being determined and declared to be ministerial rather than legislative in nature.
3. Nothing contained in this subchapter shall be construed to restrict the commission or the State of Arkansas in the issuance or incurrence of debt under other applicable laws.
1. The provisions of this chapter and of other applicable laws of this state shall govern the operation, equipment, numbering, and all other matters relating to the operation, equipment, and numbering whenever any vessel shall be operated on the waters of this state or when any activity regulated by this subchapter shall take place on the waters of this state.
2. Nothing in this subchapter shall be construed to:
  1. Prevent the adoption of any ordinance or local law relating to operation and equipment of vessels, the provisions of which are identical to or are not in conflict with the provisions of this subchapter, amendments thereto, or rules issued thereunder;
  2. Grant the use or power to the Arkansas State Game and Fish Commission or to any person to authorize the use of any vessel on any waters of this state where the use of vessels shall be prohibited; or
  3. Permit the use of vessels on any municipally or privately owned city water supply in violation of the applicable laws, rules, or regulations that may have been or may be established for the protection of the public health in preserving the water supply for human consumption.
1. Any person who violates any provision of §§ 27-101-202(8), 27-101-203, 27-101-301, 27-101-303 — 27-101-306, and 27-101-308 — 27-101-312 shall be guilty of a misdemeanor and shall be subject to a fine of not less than one hundred dollars ($100) and not to exceed two hundred fifty dollars ($250) for each violation.
2. Any person who violates any provision of §§ 27-101-202(2)-(6), (9), and (12), and 27-101-204 shall be guilty of a misdemeanor and shall be subject to a fine of not less than one hundred dollars ($100) and not to exceed five hundred dollars ($500) for each violation.
3. Any person who violates any provision of § 27-101-202(1), (7), and (10)-(12) shall be guilty of a misdemeanor and shall be subject to a fine of not less than two hundred fifty dollars ($250) and not to exceed one thousand dollars ($1,000) or imprisonment not to exceed six (6) months or both fine and imprisonment for each violation.
1. 1. 1. It shall be the duty of every sheriff, deputy sheriff, state police officer, and enforcement officer of the Arkansas State Game and Fish Commission to enforce the provisions of this chapter, except that it shall be the duty of the Department of Health separately to enforce the provisions of § 27-101-401 et seq.
    2. Certified law enforcement officers of the Department of Parks, Heritage, and Tourism and municipal police officers may enforce the provisions of this chapter.
  2. In the exercise of their duty to enforce the provisions of this chapter, they shall have the authority to stop and board any vessel subject to this chapter and to investigate any accident or violation involving vessels subject to this chapter.
  3. Upon investigation, they may direct the operator of any vessel in violation of this chapter to return to the dock where the voyage originated or to the nearest dock if appropriate.
2. Failure to follow the directive of a law enforcement officer as set forth in subsection (a) of this section shall constitute a separate offense in addition to any violations with which the operator may be charged.
3. Any person who violates the provisions of this section shall be guilty of a misdemeanor and subject to a fine not to exceed two hundred fifty dollars ($250) or imprisonment not to exceed three (3) months, or both.
1. The Arkansas State Game and Fish Commission shall cooperate with agencies of the federal government in establishing rules and regulations with reference to the operation of vessels on any waters of this state that are maintained or controlled by federal agencies. It is the intention of this subsection to encourage the establishment of adequate regulations on federally controlled waters for the promotion of safety in the operation of vessels.
2. Any law enforcement office of a subdivision of this state may make, at any time, but only after public notice, formal application to the commission for special rules and regulations with reference to the operation of vessels on any waters within its territorial limits, including, but not limited to, the establishment and marking of speed limits and no-wake zones and shall set forth therein the reasons which make the special rules or regulations necessary or appropriate.
3. 1. The commission shall consider the application and approve the special rules and regulations or disapprove them and state in writing the commission's reasons for disapproving them within ninety (90) days of their submission or the rules and regulations shall be considered properly adopted by ordinance or local law.
  2. However, nothing in this subchapter shall prevent the commission from making special rules and regulations with reference to the operation of vessels on any waters within the territorial limits of any subdivision of this state where the local law enforcement office has not established a water patrol.
1. A copy of the rules adopted pursuant to § 27-101-101 et seq., § 27-101-201 et seq., § 27-101-301 et seq., § 27-101-501 et seq., § 27-101-601 et seq., and the Arkansas Motorboat Registration and Titling Act, § 27-101-1001 et seq., and of any amendments of those rules shall be filed in the offices of the Arkansas State Game and Fish Commission, the Secretary of State, the Arkansas State Library of the Department of Education, and the Bureau of Legislative Research where each copy shall be preserved as a public record.
2. A copy of the rules adopted under § 27-101-401 et seq. and of any amendments of those rules shall be filed in the offices of the Department of Health, the Secretary of State, the Arkansas State Library, and the Bureau of Legislative Research where each copy shall be preserved as a public record.
3. Rules under this section shall be published by the responsible state agency in a convenient form for public use.
1. All fines collected for violations of this chapter shall be remitted to the issuing law enforcement office to be used by that office for the administration and enforcement of this chapter.
2. However, fines collected for violations of § 27-101-401 et seq. shall be remitted to the Department of Health for administration and enforcement of § 27-101-401 et seq.
1. Except as otherwise provided in this chapter, all fees collected by the Secretary of the Department of Finance and Administration under this chapter shall be deposited as special revenues into the State Treasury to the credit of the Special Revenue Fund Account of the State Apportionment Fund.
2. The fees collected under subsection (a) of this section shall be credited to the Boating Safety Account Fund, which is established on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State.
1. On or before the fifth of the month next following the month during which the funds shall have been received by him or her, the Treasurer of State shall distribute the funds in the manner provided in this section:
  1. Three percent (3%) of the amount to the Constitutional Officers Fund and the State Central Services Fund to be used for defraying the necessary expenses of the state government; and
  2. Ninety-seven percent (97%) of the amount as follows:
    1. Eight percent (8%) to the Constitutional Officers Fund and the State Central Services Fund;
    2. Thirty-four percent (34%) to the Game Protection Fund for use by the Arkansas State Game and Fish Commission as provided by law;
    3. Thirty-four percent (34%) to the County Aid Fund, which, on or before the tenth of the month following the end of each calendar quarter, shall be remitted by state warrants to the various county treasurers in the proportions thereof as between the respective counties that the total of the fees produced from each county bears to the total of the fees produced from all counties as certified by the Secretary of the Department of Finance and Administration to the Treasurer of State; and
    4. Twenty-four percent (24%) to the Marine Sanitation Fund for use by the Department of Health to administer a marine sanitation program.
2. Upon receipt of any fees, each county treasurer shall deposit them into the county treasury to the credit of the boating safety and enforcement fund, if the county sheriff of that county has established a patrol on the waterways within the county.
3. 1. In the event the county sheriff has not established a patrol on the waterways within the county and if either the county or any city or town within a county, or both, has established an emergency rescue service, each county treasurer shall deposit his or her county's share of the total fees collected into the county emergency rescue fund for use exclusively by either the county or the cities within the county, or both, for operating and maintaining emergency rescue services within the county and cities within the county. After the treasurer receives the funds, he or she shall divide the funds in the county emergency rescue fund equally among the county and the cities within the county, if any, having emergency rescue services.
  2. Otherwise, the fees shall be deposited into the Game Protection Fund for use by the Arkansas State Game and Fish Commission.
1. The Secretary of the Department of Finance and Administration may:
  1. Allow payment by credit card of any fees due under this chapter;
  2. Promulgate rules providing for payment by credit card of any fees authorized under this chapter; and
  3. Contract with credit card companies to pay fees normally charged by those companies for allowing the use of their credit cards as authorized by this section.
2. 1. The net proceeds received, or receivable, from credit card companies shall be prorated to the various funds for which they were collected and deposited into the State Treasury for transfer on the last business day of each month, in the same manner and to be used for the same purposes as all other fees collected upon the issuance or renewal of a motorboat registration with certificate of number and the issuance of a motorboat certificate of title.
  2. Any amounts deducted from the gross proceeds of motorboat registration with a certificate of number or titling fees paid by credit card, which are deducted for the purpose of paying credit card company fees, shall be cash funds not subject to appropriation and, if withheld by the secretary, shall be remitted by the secretary to credit card companies as required under contracts authorized by this section.
1. The owner, renter, operator, or lessee of a vessel is liable for any injury or damage caused by the negligent operation of the vessel, whether negligence consists of violating the statutes of this state or neglecting to observe such ordinary care and operation as the rules of the common law require.
2. 1. The owner is not liable, however, unless the vessel is being used with his or her express or implied consent.
  2. 1. The owner is not strictly liable to a renter, operator, or lessee for any injury or damage occasioned by the negligent operation of the vessel by the renter, operator, or lessee.
    2. The liability of the owner for injury or damage suffered by a renter, operator, or lessee shall be determined by comparing the fault of the owner and the fault of the renter, operator, or lessee in accordance with §§ 16-55-216 and 16-64-122.
3. It shall be presumed that the vessel is being operated with the knowledge and consent of the owner if at the time of the injury or damage it is under the control of his or her spouse, father, mother, brother, sister, son, daughter, or other immediate member of the owner's family.
4. This section does not:
  1. Relieve any other person from any liability that he or she would otherwise have; or
  2. Authorize or permit any recovery in excess of injury or damage actually incurred.
5. This section does not apply to an outfitter as defined in § 27-101-902.
1. 1. Every vessel shall have aboard:
    1. One (1) United States Coast Guard-approved wearable personal flotation device that is:
      1. Used according to its approved conditions;
      2. In good and serviceable condition; and
      3. Of proper size for each person on board;
    2. A vessel twenty-six feet (26') or over shall have a United States Coast Guard-approved and charged fire extinguisher on board;
    3. A motorboat under twenty-six feet (26') shall have a United States Coast Guard-approved and charged fire extinguisher on board if the motorboat has:
      1. Permanently installed fuel tanks;
      2. Closed compartments under a thwart and seat where portable fuel tanks may be stored;
      3. A double-bottom not sealed to the hull or not completely filled with flotation material;
      4. Enclosed living spaces; or
      5. Closed stowage compartments where combustible or flammable materials may be stowed;
    4. If carrying or using any flammable or toxic fluid in any enclosure for any purpose, and if not an entirely open motorboat, an efficient natural or mechanical ventilation system which shall be capable of removing resulting gases prior to and during the time the motorboat is occupied by any person;
    5. Additional equipment designed to promote the safety of navigation and of persons that the Arkansas State Game and Fish Commission may find to be appropriate and for which it has provided in its rules. However, before making those rules, or changes or additions thereto, the Arkansas State Game and Fish Commission shall hold public hearings, after reasonable notice thereof, of any proposed rule to be adopted; and
    6. In addition, every vessel sixteen feet (16') and longer shall have aboard one (1) United States Coast Guard-approved throwable personal flotation device.
  2. Each person being towed in a water sport activity must wear or have securely upon his or her body a life preserver or buoyant vest of the types described in subdivision (a)(1)(A) of this section in good and serviceable condition at all times while engaging in the water sport activity.
  3. In addition, all occupants of personal watercraft must wear a personal flotation device of the types described above while aboard the vessel.
  4. Occupants of a vessel who are twelve (12) years of age or younger must wear personal flotation devices of the types described above securely fastened to their persons at all times while aboard any vessel, unless such occupants are within the enclosed area of a houseboat or cruiser, unless underway, or within the area enclosed by railings on a party barge, cruiser, or houseboat, unless underway.
  5. In addition, the requirements of subdivisions (a)(1)(A) and (F) of this section and subdivisions (a)(2)-(4) of this section shall not be applicable to organized water carnivals, water skiing exhibitions, or other organized water sports exhibitions, or to persons participating in those activities or exhibitions.
  6. When in operation during hours of darkness on waters under the jurisdiction of the United States, a motorboat's lighting shall be in accordance with the following specifications:
    1. Class A and Class 1 under twenty-six feet (26') — combination red and green light on bow, with red on the port side and green on the starboard side, and a white horizon light aft, on the stern, that is visible for three hundred sixty degrees (360°) of the compass;
    2. Class 2 and Class 3, twenty-six feet (26') to not more than sixty-five feet (65') — twenty-point white light forward, red port and green starboard side lights, and white horizon light aft; and
    3. Lights must conform to the specifications contained in the United States Coast Guard Inland Navigation Rules.
  7. When in operation during hours of darkness on state-controlled waters, a motorboat's lighting shall be sufficient to make the motorboat's presence and location known to any and all other vessels within a reasonable distance.
2. No person shall operate or give permission for the operation of a motorboat which is not equipped as required by subsection (a) of this section or a modification thereof.
3. The use of dry stack headers or pipes extending directly from the engine of a motorboat which does not have any type of muffler is prohibited except for motorboats competing in a sanctioned regatta or boat race and for those motorboats while on trial runs during a period not to exceed forty-eight (48) hours immediately preceding such regatta or race and for those motorboats while competing in official trials for speed records during a period not to exceed forty-eight (48) hours immediately following the regatta or race and only on the body of water where the regatta or boat race is being held.
4. No vessel used on the waters of this state shall be equipped with a siren, except vessels used by law enforcement officers.
5. 1. 1. No person shall operate a motorboat equipped by the manufacturer with a lanyard-type engine cutoff switch while the engine is used to propel the boat without attaching the lanyard to the operator, the operator's clothing, or if the operator is wearing a personal flotation device, to the device as appropriate for the specific vessel.
    2. However, if a motorboat equipped with a lanyard-type switch is a houseboat or a pontoon boat or is traveling less than five miles per hour (5 m.p.h.), the lanyard shall not be required to be attached to the operator, the operator's clothing, or the operator's personal flotation device.
  2. As used in this subsection, “lanyard-type engine cutoff switch” means an emergency engine or motor shut-off switch that attaches by a lanyard to the person operating the motorboat and that is constructed and installed in a manner so that when in use, the switch will immediately shut off the boat's engine or motor if the operator falls overboard or is removed from the normal operating station of the boat.
  3. This subsection does not apply to flat-bottomed boats operated on the tailwaters of a trout fishery nor to flat-bottomed boats operated for duck hunting purposes during duck season.
1. The owner of a boat livery shall cause to be kept a record of:
  1. The name and address of the person or persons hiring any vessel;
  2. The registration number of the vessel if the vessel is designed or permitted to be operated as a motorboat;
  3. The departure date and time;
  4. The expected time of return; and
  5. The number of persons to be on board the vessel.
2. The record shall be preserved for at least six (6) months.
3. Neither the owner of a boat livery nor his or her agent or employee shall permit a vessel owned or permitted by him or her to depart from his or her premises unless the boat livery has provided the vessel with the equipment required under § 27-101-203(a) and any rules made under that section.
1. It shall be the duty of the operator of a vessel involved in a collision, accident, or other casualty, so far as he or she can do so without serious danger to his or her own vessel, crew, and passengers, if any, to render to other persons affected by the collision, accident, or other casualty assistance that may be practicable and that may be necessary in order to save them from or minimize any danger caused by the collision, accident, or other casualty and also to give his or her name, address, and identification of his or her vessel in writing to any person injured and to the owner of any property damaged in the collision, accident, or other casualty.
2. In the case of collision, accident, or other casualty involving a vessel, if the collision, accident, or other casualty results in death or injury to a person or damage to property in excess of two thousand dollars ($2,000) or the disappearance of a person from a vessel under circumstances that indicate death or injury, the Arkansas State Game and Fish Commission or local sheriff's department having an established water patrol shall be immediately notified in order for an investigation to be conducted. In addition, the operator of the vessel shall submit a United States Department of Homeland Security, United States Coast Guard Form CG-3865 to the Arkansas State Game and Fish Commission Boating Safety Office within ten (10) working days.
3. A law enforcement officer shall request and a person shall submit to a chemical test of the person's blood, breath, saliva, or urine as required by § 5-65-208, even if the person is fatally injured, for the purpose of determining the alcohol concentration or controlled substance content of his or her blood, breath, saliva, or urine if:
  1. The person is operating a vessel and is involved in a collision, accident, or other casualty resulting in loss of human life or when there is reason to believe death may result; or
  2. The law enforcement officer has reasonable cause to believe that the person was operating a vessel while:
    1. Intoxicated or under the influence of any narcotic drug, barbiturate, or marijuana; or
    2. Under any physical or mental disability so as to be incapable of operating the vessel safely under the prevailing circumstances.
4. In accordance with any request duly made by an authorized official or agency of the United States, any information compiled or otherwise available to the commission pursuant to this section shall be transmitted to that official or agency of the United States.
5. Any law enforcement agency in the State of Arkansas investigating a boating accident will forward a copy of the completed accident report to the office within thirty (30) days of the accident.
6. 1. It shall be unlawful for any person involved in a boating accident to purposely leave the scene of the accident without complying with the requirements in subsections (a) and (b) of this section.
  2. Violation of this subsection shall be punishable with a fine of not less than two hundred fifty dollars ($250) nor more than five hundred dollars ($500).
  3. In the event the accident resulted in grave personal injury or death, violations of this section shall be a Class D felony and upon conviction punished accordingly.
1. 1. 1. It shall be unlawful for the owner of a motorboat of more than fifty horsepower (50 hp) or a personal watercraft to allow the operation of the motorboat or personal watercraft unless it is covered by a liability insurance policy that has been issued by an insurance company.
    2. The insurance policy must provide at least fifty thousand dollars ($50,000) of liability coverage per occurrence.
  2. This section does not apply to a motorboat or personal watercraft owned by the United States, a state government, or any political subdivision thereof.
2. 1. 1. If the motorboat or personal watercraft is involved in an accident, failure to present proof of insurance coverage required by subdivision (a)(1) of this section creates a rebuttable presumption that the motorboat or the personal watercraft is uninsured.
    2. 1. For purposes of this section, “proof of insurance” shall consist of a policy declaration page or other documentation, or a copy of a policy declaration page or other documentation in an acceptable electronic format, that reflects the motorboat or personal watercraft coverage furnished to the insured by the insurance company and can be conveniently carried in the motorboat or personal watercraft.
      2. Insurance companies shall not be required to provide proof of insurance that may be conveniently carried as required in subdivision (b)(1)(B)(i) of this section if the insurance coverage is provided as part of a homeowner's insurance policy.
      3. As used in this section, “acceptable electronic format” means an electronic image produced on the person's own cellular phone or other type of portable electronic device that displays all the information in the policy declaration or other documentation as clearly as the paper policy declaration or other documentation.
      4. The presentment of proof of insurance in an acceptable electronic format does not:
        
        Authorize a search of any other content of an electronic device without a search warrant or probable cause; or
        
        Expand or restrict the authority of a law enforcement officer to conduct a search or investigation.
  2. Upon a showing that liability coverage required by this section was in effect at the time of arrest, the judge may dismiss the charge imposed under this section and the penalties shall not be imposed.
3. 1. However, if the operator of the motorboat or personal watercraft is involved in an accident on the waters of this state and the motorboat or personal watercraft was not insured as required by this section, the owner of the motorboat or personal watercraft shall be deemed guilty of a Class A misdemeanor.
  2. 1. For a first violation of subsection (a) of this section, the penalty shall be a mandatory fine of not less than fifty dollars ($50.00) nor more than two hundred fifty dollars ($250).
    2. For a second offense, the penalty shall be a fine of not less than two hundred fifty dollars ($250) nor more than five hundred dollars ($500), and the minimum fine shall be mandatory.
    3. For a third or subsequent offense, the penalty shall be a mandatory fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000), or a sentence of up to one (1) year in jail, or both.
4. All fines collected under this section shall be deposited as special revenues into the State Treasury and credited to the Boating Safety Account Fund and then distributed by the Treasurer of State to the Game Protection Fund to be used by the Arkansas State Game and Fish Commission for the purpose of establishing, maintaining, and operating a program of boater training and boater safety throughout the state.
1. The Arkansas State Game and Fish Commission shall establish a system of identification numbering for all motorboats used in this state pursuant to this subchapter.
2. In the event that an agency of the United States Government shall have in force an overall system of identification numbering for motorboats within the United States, the numbering system employed pursuant to this subchapter by the commission shall be in conformity therewith.
3. The commission shall assign to each county in this state a block of identification numbers for motorboats registered in each county.
4. The identification numbers shall be assigned to each county in the state, and it shall be the duty of the Secretary of the Department of Finance and Administration to issue the identification numbers to the owners of motorboats in accordance with the provisions of subchapters 1-3 of this chapter.
1. The owner of each motorboat for which numbering is required by this state shall file an application for a number within thirty (30) calendar days after the date of purchase with the Secretary of the Department of Finance and Administration on forms approved by the Arkansas State Game and Fish Commission.
2. The application shall be signed by the owner of the motorboat and accompanied by a fee as provided in § 27-101-306, verification of the hull identification number, proof the motorboat is listed for assessment, proof of payment of required personal property taxes, and proof of insurance establishing that the motorboat, if it is equipped with more than fifty horsepower (50 hp), or a personal watercraft, is covered by a liability insurance policy issued by an insurance company authorized to do business in this state.
3. 1. On and after January 1, 2017, the Department of Finance and Administration shall not issue, renew, or update ownership information for a certificate of number relating to a motorboat imported or manufactured on or after November 1, 1972, until the department determines whether the motorboat has a primary hull identification number meeting the requirements of 33 C.F.R. Part 181, Subpart C, as in effect on January 1, 2017.
  2. Verification of the hull identification number may include without limitation a submission of a clear and legible photograph or pencil rubbing of the hull identification number.
4. Upon determination by the department that the motorboat does not have a hull identification number as required by subsection (c) of this section, the department shall refer the owner of the motorboat to the Boating Law Administrator of the Arkansas State Game and Fish Commission to:
  1. Assign a primary hull identification number; and
  2. Verify that the owner permanently affixes the hull identification number to the motorboat in compliance with 33 C.F.R. Part 181, Subpart C, as in effect on January 1, 2017.
5. 1. The secretary shall enter upon the records of his or her office an application for issuance of a certificate of number upon receipt of:
    1. An application submitted in approved form;
    2. Proof that the motorboat has been assessed or listed for assessment;
    3. Proof that personal property taxes have been paid; and
    4. Proof of coverage by a liability insurance policy issued by an insurance company authorized to do business in this state if the motorboat is equipped with more than fifty horsepower (50 hp) or is a personal watercraft.
  2. 1. Upon approval by the secretary of the application and supporting documents required under subdivision (e)(1) of this section, the secretary shall issue to the applicant a certificate of number stating:
      1. The identifying number assigned to the motorboat;
      2. The name and address of the owner; and
      3. A description of the motorboat, including when available the make, model, year, and hull identification number of the motorboat.
    2. The certificate of number shall be of a type that prevents as nearly as possible alteration, counterfeiting, duplication, or simulation without ready detection.
  3. 1. For the purposes of this section, “proof of insurance” shall consist of a policy declaration page or other documentation, or a copy of a policy declaration page or other documentation in an acceptable electronic format, that reflects the motorboat or personal watercraft coverage furnished to the insured by the insurance company which can be conveniently carried in the motorboat or personal watercraft.
    2. Insurance companies shall not be required to provide proof of insurance that may be conveniently carried as required in subdivision (e)(3)(A) of this section if the insurance coverage is provided as part of a homeowner's insurance policy.
    3. As used in this section, “acceptable electronic format” means an electronic image produced on the person's own cellular phone or other type of portable electronic device that displays all of the information in the policy declaration or other documentation as clearly as the paper policy declaration or other documentation.
    4. The presentment of proof of insurance in an acceptable electronic format does not:
      1. Authorize a search of any other content of an electronic device without a search warrant or probable cause; or
      2. Expand or restrict the authority of a law enforcement officer to conduct a search or investigation.
6. 1. The certificate of number shall be issued and furnished to the owner of the motorboat and upon receipt the owner shall sign in the signature space provided on the certificate of number.
  2. A copy shall be retained as a record by the secretary.
  3. A copy shall be furnished to the commission to be retained for a period of five (5) years.
7. 1. The certificate of number shall be pocket-sized and shall be available at all times for inspection on the motorboat for which it is issued whenever the motorboat is in operation.
  2. 1. If a certificate of number is lost, mutilated, or becomes illegible, the owner of the motorboat for which the certificate was issued shall immediately apply for and may obtain a duplicate or a replacement certificate upon the applicant's furnishing information satisfactory to the department.
    2. The application for a duplicate or replacement certificate of number to replace the original certificate of number shall be accompanied by a fee of one dollar ($1.00).
8. In the event that an agency of the United States Government shall have in force in the United States an overall system of identification numbering for boats covered by this chapter, then the numbering system required by this subchapter and the commission shall be in conformity therewith.
1. 1. The owner shall procure and attach to each side of the bow of the motorboat numbers conforming to the certificate of number issued to the owner by the Secretary of the Department of Finance and Administration.
  2. The numbers to be procured and attached shall be at least three inches (3") in height and of block character, and shall be attached to the forward half of each side of the vessel and clearly visible, pursuant to federal law, and attached in such a manner and position on the boat as may be prescribed by the rules of the Arkansas State Game and Fish Commission in order that they may be clearly visible.
2. The numbers shall be maintained in legible condition.
3. No number other than the number awarded to a motorboat or granted reciprocity provided for in § 27-101-302(1) shall be painted, attached, or otherwise displayed on either side of the bow of the motorboat.
1. The certificates of numbers issued pursuant to subchapters 1-3 of this chapter may be for a period of three (3) years.
2. The Secretary of the Department of Finance and Administration shall establish a system in a manner that the expiration dates of the various certificates of numbers will be evenly distributed throughout the year and each year thereafter to the end that boat certificates of numbers will be renewable as uniformly as practicable throughout each of the twelve (12) months of the license year in each year.
3. Upon request, the secretary shall assign to any owner of two (2) or more boats the same registration period.
4. 1. A fee based on the length of the motorboat as set forth in this subsection shall be charged for the issuance of a certificate of number and for each renewal of each certificate of number.
  2. The fee to be collected for certificates shall be as follows:
5. Notice shall be given to the Arkansas State Game and Fish Commission of each certificate of number renewed and of the transfer of any certificate of number.
6. Every certificate of number awarded pursuant to this subchapter shall continue in full force and effect until the expiration of each numbering period unless sooner terminated or discontinued in accordance with the provisions of this subchapter.
7. Certificates of number may be renewed by the owner in the same manner as is provided in this section for initially securing the certificate and upon:
  1. Payment of all fees required in this chapter;
  2. If applicable, proof the motorboat or personal watercraft is covered by a liability insurance policy issued by an insurance company authorized to do business in this state;
  3. Proof the motorboat is listed for assessment; and
  4. Proof of payment of required personal property taxes.
8. Unless a certificate of number is renewed on or before the fifteenth day following the expiration thereof, it shall lapse and shall no longer be of any force and effect unless renewed in the manner prescribed in this subchapter.
1. The owner of a motorboat already covered by a number in full force and effect which has been awarded to it pursuant to then-operative federal law or federally approved numbering system of another state shall record the number prior to operating the motorboat on the waters of this state in excess of the ninety-day reciprocity period provided for in § 27-101-302(1).
2. The recordation shall be in the manner and pursuant to the procedure required for the award of a number under § 27-101-304, except that no additional or substitute number shall be issued.
1. Should the ownership of a motorboat change, the new owner shall file an application with the Secretary of the Department of Finance and Administration for the transfer of the certificate of operation of the motorboat to the new owner within thirty (30) calendar days after the date of the ownership change.
2. Upon receipt of the application, the secretary shall cancel the certificate of number issued to the former owner of the motorboat and shall assign the number to the new owner of the motorboat and shall issue a certificate of number to the new owner.
3. The application procedure and fees under § 27-101-304 shall apply.
1. Whenever any motorboat numbered under the provisions of this subchapter shall be destroyed or abandoned, its owner shall notify the Secretary of the Department of Finance and Administration within fifteen (15) days after the destruction or abandonment, and the certificate of number of the motorboat shall be terminated.
2. The secretary shall notify the Arkansas State Game and Fish Commission of the termination of any certificate of number.
1. As used in this section:
  1. 1. “Beneficiary” means one (1) individual who is designated to become the owner of a motorboat upon the death of the current owner as indicated on the certificate of number issued under this chapter.
    2. “Beneficiary” does not include a business, firm, partnership, corporation, association, or any other legally-created entity;
  2. “Certificate of number with beneficiary” means a certificate issued for a motorboat under this chapter that indicates the present owner of the motorboat and designates a beneficiary as provided under this section;
  3. “Motorboat” means a boat registered and numbered under this chapter; and
  4. 1. “Owner” means an individual who holds the certificate of number to a motorboat and can include more than one (1) person but not more than three (3) persons.
    2. “Owner” does not include a business, firm, partnership, corporation, association, or any other legally-created entity.
2. If the owner or joint owners want to transfer a motorboat upon death by operation of law, the owner or joint owners may request that the Revenue Division of the Department of Finance and Administration issue a certificate of number with beneficiary that includes a directive to the division to transfer the certificate of number upon the death of the owner or upon the death of all joint owners to the beneficiary named on the face of the certificate of number with beneficiary.
3. 1. To obtain a certificate of number with beneficiary, the owner of a motorboat shall submit a transfer on death application to the division to request the issuance of a certificate of number with beneficiary or a change to a certificate of number with beneficiary.
  2. The owner shall provide the following information in the application:
    1. Whether the applicant seeks to add, remove, or change a beneficiary;
    2. The full legal name of the beneficiary;
    3. The Social Security number of the beneficiary;
    4. The address of the beneficiary;
    5. The identification number of the motorboat;
    6. The year, make, model, and length of the motorboat;
    7. The printed full legal name of the owner of the motorboat;
    8. The Arkansas driver's license or identification card number for the owner of the motorboat; and
    9. The signature of the owner of the motorboat.
  3. The owner shall include the following with the application:
    1. The certificate of number for the motorboat issued under this chapter;
    2. The certificate of number application fee as provided under § 27-101-306; and
    3. The certificate of number with beneficiary application fee of ten dollars ($10.00).
  4. 1. The fee remitted under subdivision (c)(3)(C) of this section shall be deposited into the State Central Services Fund for the benefit of the division.
    2. The fee shall be credited as supplemental and in addition to all other funds as may be deposited for the benefit of the division.
    3. The fee shall not be considered or credited to the division as direct revenue.
4. The division shall not issue a certificate of number with beneficiary to an owner of a motorboat if the owner holds his or her interest in the motorboat as a tenant in common with another person.
5. The certificate of number with beneficiary issued by the division shall include after the name of the owner the words “transfer on death to” or the abbreviation “TOD” followed by the name of the beneficiary.
6. During the lifetime of the sole owner or before the death of the last surviving joint owner:
  1. The signature or consent of the beneficiary is not required for any transaction relating to the motorboat for which a certificate of number with beneficiary has been issued; and
  2. The certificate of number with beneficiary is revoked by:
    1. Selling the motorboat with completion of the application for transfer of the certificate of number as provided under § 27-101-309 and transferring to another person; or
    2. Filing an application with the division to remove or change a beneficiary as provided under subsection (c) of this section.
7. Except as provided in subsection (f) of this section, the designation of the beneficiary in a certificate of number with beneficiary shall not be changed or revoked:
  1. By will or any other instrument;
  2. Because of a change in circumstances; or
  3. In any other manner.
8. The interest of the beneficiary in a motorboat on the death of the sole owner or on the death of the last surviving joint owner is subject to any contract of sale, assignment, or security interest to which the owner of the motorboat was subject during his or her lifetime.
9. 1. 1. Upon the death of the owner, the division shall issue a new certificate of number for the motorboat to the surviving owner or, if no surviving owners, to the beneficiary if the surviving owner or beneficiary presents the following:
      1. Proof of death of the owner that includes a death certificate issued by the state or a political subdivision of the state;
      2. Surrender of the outstanding certificate of number with beneficiary; and
      3. Application and payment of the certificate of number fee for the motorboat.
    2. A certificate of number issued under this subsection will be subject to any existing security interest.
  2. If the surviving owner or beneficiary chooses, he or she can submit a completed certificate of number with beneficiary application as provided under this section, along with the ten dollar ($10.00) processing fee, at the time of the application for a new certificate under this subsection.
10. The transfer of a motorboat upon the death of the owner under this section is not testamentary and is not subject to administration under Title 28.
11. The procedures and fees under § 27-101-304(g)(2) shall apply for obtaining a duplicate certificate with beneficiary.
12. The division may promulgate rules for the administration of this section.
1. 1. Upon receipt of a certificate of number issued under § 27-101-304, the owner of the motorboat shall write his or her signature on the certificate of number in the space provided.
  2. 1. A certificate of number shall be carried:
      1. In the motorboat to which it refers; or
      2. On the person of the driver or the person in control of the motorboat.
    2. The certificate of number shall be displayed upon request of a law enforcement officer, any officer of the Arkansas State Game and Fish Commission, or any officer or employee of the Office of Motor Vehicle.
  3. A person charged with violating this section shall not be convicted if he or she produces in court a certificate of number for the motorboat that was issued prior to, and in effect at, the time of the arrest.
2. For purposes of this section, the original or duplicate certificate of number is required and a photocopy of the certificate of number shall not be sufficient.
3. This section does not apply when a certificate of number is used to apply for renewal of a certificate of number.
1. There is established a Marine Sanitation Advisory Committee, to consist of seven (7) members appointed by the Governor as follows:
  1. Four (4) members shall be marina operators;
  2. Two (2) members from the state at large to be appointed by the Governor after consulting with the Secretary of the Department of Health and the Director of the Division of Environmental Quality; and
  3. One (1) member shall be a boat owner.
2. 1. The two (2) members appointed pursuant to subdivision (a)(2) of this section shall serve at the pleasure of the Governor.
  2. Of the initial members appointed under subdivisions (a)(1) and (a)(3) of this section, two (2) shall be appointed for one-year terms, two (2) for two-year terms, and two (2) for three-year terms.
  3. Members shall serve three-year terms except that persons appointed to fill vacancies resulting in an unexpired term shall serve for the remainder of that unexpired term.
3. Upon recommendation of the advisory committee made after notice and hearing, the Governor may remove any member of the advisory committee for incompetence, neglect of duty, or malfeasance in office.
4. Any vacancy on the advisory committee shall be filled by the Governor.
5. 1. The Governor shall call the first advisory committee meeting.
  2. 1. The advisory committee shall elect annually from its membership a chair, a vice chair, and a secretary.
    2. The chair shall not serve more than two (2) consecutive terms as chair.
  3. The advisory committee shall meet as frequently as it deems necessary at such times and places as the advisory committee designates. Additional meetings may be held upon the call of the chair or upon written request of three (3) members of the advisory committee.
6. Four (4) members of the advisory committee shall constitute a quorum.
7. The members of the advisory committee shall not be entitled to compensation for their services.
8. Members appointed under subdivision (a)(2) of this section shall be appointed by the Governor subject to confirmation by the Senate.
1. Owners and operators of commercial boating facilities, docks, and marinas shall cooperate with all applicable state and federal agencies and the Marine Sanitation Advisory Committee to ensure that the disposal of marine sewage is consistent with state and federal law.
2. When accepting new boat arrivals, owners and operators of commercial boating facilities, docks, and marinas shall inform vessel owners and operators of the requirements of state and federal law regarding the proper disposal of marine sewage.
1. All fees and fines levied and collected under the provisions of this subchapter are declared to be special revenues and shall be deposited in the State Treasury to be credited to the Marine Sanitation Fund to be used only for the administration of this subchapter.
2. Subject to rules that may be implemented by the Chief Fiscal Officer of the State, the disbursing officer for the Department of Health is authorized to transfer all unexpended funds relative to marine toilets and marine sanitation systems that pertain to fees or fines collected, as certified by the Chief Fiscal Officer of the State, to be carried forward and made available for expenditures for the same purpose for any following fiscal year.
1. Review all rules and regulations relating to marine toilets, marine sanitation systems, and disposal of marine sewage from boats as necessary to inform marina operators and boat owners of all requirements of state and federal law;
2. Establish a marine sanitation minigrant program for the purpose of providing grants to marinas to purchase additional marine equipment to assist with the proper disposal of marine sewage; and
3. Encourage research in regard to technological developments in the discharge of marine sewage.
1. 1. Except to the extent permitted by federal law and in order to protect the health and safety of persons using the waters of this state, it is unlawful for any person to operate or use a vessel capable of discharging untreated sewage from a vessel into the waters of this state.
  2. Raw sewage shall not be discharged from any vessel into waters of this state.
2. 1. On waters of this state, vessels that have toilet facilities permanently installed shall be equipped with a United States Coast Guard-certified Marine Sanitation Device designed to receive, retain, treat, or discharge sewage in accordance with applicable federal requirements.
  2. This section applies only to vessels equipped with permanently installed toilet facilities and does not require the installation of this type of facility in vessels not already so equipped.
  3. The use of portable toilets that can be emptied ashore in regular sewage treatment systems is entirely within the spirit and letter of this section and is encouraged.
3. 1. All waste from Type III Marine Sanitation Devices shall be disposed in approved sewage pumpout facilities.
  2. All waste from portable toilets shall be disposed in approved waste reception or sewage pumpout facilities.
4. 1. Except to the extent permitted by federal law, it shall be unlawful for any person to discharge any treated or untreated sewage into any waters of this state lawfully designated as “no discharge”.
  2. A “no discharge” designation shall be based on the criteria established by the United States Environmental Protection Agency for determining no discharge waters regarding marine sanitation devices and shall include federal impoundments owned or managed by the United States Army Corps of Engineers.
  3. Any such discharge of sewage from a vessel shall be prima facie evidence that the discharge was done by the operator, or owner if the operator cannot be determined, of the vessel.
  4. A “no discharge” Type III Marine Sanitation Device or a Type I or II Marine Sanitation Device secured against discharge is required in vessels operated on no discharge waters.
  5. A vessel equipped with a flow-through Type I or II Marine Sanitation Device that has been secured by a locked shut-off valve, broken line, or blanked-off hull opening to prevent overboard discharge shall be considered equipped with a “no discharge” type Marine Sanitation Device.
1. For purposes of this section, “sewage pumpout facility” means equipment designed to receive the discharge of sewage from a marine sanitation device and allow the disposal of the sewage in a manner that prevents the sewage from entering the waters of this state.
2. By July 1, 2004, any person owning or operating a commercial boating facility, dock, or marina that stores or houses vessels equipped with toilet facilities and marine sanitation devices shall provide access to sewage pumpout facilities.
3. To provide access to sewage pumpout facilities, a commercial boating facility, dock, or marina owner or operator may, as an illustration of and not as a limit on the options available to the owner or operator:
  1. Build and operate pumpout facilities;
  2. Contract with another boating facility, dock, or marina with pumpout facilities if the contracting boating facility, dock, or marina is not more than eight (8) water miles away and is accessible in a way that does not require vessels to be trailered; and
  3. Contract with a person licensed by the State of Arkansas to provide pumpout facility service if the service is available during normal business hours, including holidays, and if the service can be provided within a reasonable time upon request by a vessel owner or operator.
1. Any person who violates any provision of this subchapter or any rule promulgated under this subchapter shall be guilty of a misdemeanor and subject to a fine of not less than one hundred dollars ($100) and not more than one thousand dollars ($1,000) or imprisonment not to exceed three (3) months, or both.
2. 1. Any person who violates any provision of this subchapter or any rule promulgated under this subchapter may be assessed an administrative civil penalty not to exceed one thousand dollars ($1,000) per violation.
  2. The owner and operator of any vessel shall be jointly and severally liable for the civil penalty imposed under this section.
3. All fines and penalties imposed and collected under this section shall be deposited in the Marine Sanitation Fund and shall be used to:
  1. Implement, administer, and enforce this subchapter;
  2. Construct, renovate, or operate sewage pumpout and waste reception facilities; and
  3. Conduct education programs to inform vessel owners and operators about the problem of human body waste discharges from vessels and inform them of the locations of sewage pumpout and waste reception facilities.
1. The General Assembly finds and determines that:
  1. The regulation of boating and boaters in the state is the primary responsibility of the Arkansas State Game and Fish Commission under Arkansas Constitution, Amendment 35;
  2. Most boating accidents in the state are due primarily to the lack of training or the improper training of boaters;
  3. The establishment of a boater training and safety program in this state would greatly improve and facilitate boater safety in this state; and
  4. It is the purpose and intent of this section to authorize the commission to establish and operate a boater safety and training program in this state.
2. 1. The commission is authorized and encouraged to establish, maintain, and operate a program of boater training and boater safety in this state.
  2. The program shall include without limitation:
    1. 1. A course of instruction designed to teach the safe and proper handling of motorboats, personal watercraft, and any other related matters determined appropriate by the commission.
      2. The course of instruction under subdivision (b)(2)(A)(i) of this section may be administered through an online study course approved by the commission; and
    2. 1. An online or written examination that shows the applicant's ability to have common knowledge to exercise ordinary and reasonable control in the operation of a motorboat and a personal watercraft.
      2. The examination shall be administered in person at a time and place designated by the commission.
  3. The course of instruction may be offered in cooperation with schools, private clubs, and organizations and may be offered by the commission in areas where requested and where other sponsorship is unavailable.
  4. The commission shall also prepare and disseminate information on water safety to the public, including informational pamphlets, which shall be made available at popular tourist locations.
3. The commission may adopt and enforce rules and regulations it shall deem appropriate and necessary to properly carry out the purposes and intent of this section.
4. 1. In order to operate a motorboat or a personal watercraft in Arkansas, a person born on or after January 1, 1986, and of legal age to operate a motorboat or personal watercraft shall have successfully completed a commission-approved safe boating course and examination under subdivision (b)(2) of this section to obtain a boater education certificate.
  2. The commission shall issue boating education certificates and furnish a copy of the state laws pertaining to the operation of a motorboat or personal watercraft or informational material based on these laws to persons successfully completing an approved safe boating course and examination.
  3. Valid boating education certificates issued by other states to nonresidents shall be honored by this state if the boating education course is approved by the National Association of State Boating Law Administrators.
1. As used in this section, “acceptable electronic format” means an electronic image produced on the person's own cellular phone or other type of portable electronic device that displays all of the information on the boater education certificate as clearly as the paper boater education certificate.
2. When any law, rule, or regulation of this state requires a person to carry and display upon request a boater education certificate, an electronic copy of the boater education certificate in an acceptable electronic format is sufficient to establish compliance.
3. The presentment of proof of a boater education certificate in an acceptable electronic format does not:
  1. Authorize a search of any other content of an electronic device without a search warrant or probable cause; or
  2. Expand or restrict the authority of a law enforcement officer to conduct a search or investigation.
1. 1. No person shall operate a personal watercraft unless each person aboard is wearing a United States Coast Guard-approved personal flotation device to be used in accordance with the label on the personal flotation device.
  2. Provided, no person aboard a personal watercraft shall use an inflatable personal flotation device to meet the personal flotation device requirement of this subsection.
2. A person operating a personal watercraft equipped by the manufacturer with a lanyard-type engine cutoff switch shall attach such lanyard to his or her person, clothing, or personal flotation device as appropriate for the specific vessel.
3. No person shall operate a personal watercraft at any time between thirty (30) minutes after sunset and thirty (30) minutes before sunrise.
4. No person under sixteen (16) years of age shall operate a personal watercraft on the waters of this state, except:
  1. A person at least twelve (12) years of age may operate a personal watercraft if a person at least eighteen (18) years of age is aboard the vessel who:
    1. Was born before January 1, 1986, or has a valid boater education certificate; and
    2. Is in a position to take immediate control of the vessel; or
  2. A person under twelve (12) years of age may operate a personal watercraft if a person at least twenty-one (21) years of age is aboard the vessel who:
    1. Was born before January 1, 1986, or has a valid boater education certificate; and
    2. Is in a position to take immediate control of the vessel.
5. 1. Every personal watercraft shall at all times be operated in a reasonable and prudent manner. No person shall operate a personal watercraft in an unsafe or reckless manner.
  2. Unsafe personal watercraft operation shall include but not be limited to the following:
    1. Becoming airborne or completely leaving the water while crossing the wake of another vessel within one hundred feet (100') of the vessel creating the wake;
    2. Weaving through congested traffic;
    3. Operating at greater than slow no-wake speed within one hundred feet (100') of an anchored or moored vessel, shoreline, dock, pier, swim float, marked swim area, swimmer, surfer, person engaged in angling, or any manually propelled vessel; and
    4. 1. Operating contrary to the rules of the road or following too close to another vessel, including another personal watercraft.
      2. For the purposes of this section, following too close shall be construed as proceeding in the same direction and operating at a speed in excess of ten miles per hour (10 m.p.h.) when approaching within one hundred feet (100') to the rear or fifty feet (50') to the side of another motorboat or sailboat which is underway unless such vessel is operating in a channel too narrow to keep the required distance, in which case a personal watercraft may be operated at a speed which is reasonable and prudent for the existing conditions.
6. No person who owns a personal watercraft or who has charge over or control of a personal watercraft shall authorize or knowingly permit the personal watercraft to be operated in violation of this subchapter.
1. No person shall operate a personal watercraft towing another person on water skis or other device unless the personal watercraft has on board, in addition to the operator, an observer who shall monitor the progress of the person being towed.
2. No person shall operate a personal watercraft towing another person on water skis or other device unless the total number of persons operating, observing, and being towed does not exceed the specified number of passengers as identified by the manufacturer as the maximum safe load for the vessel.
1. A personal watercraft livery shall carry liability insurance in an amount of not less than five hundred thousand dollars ($500,000).
2. Operators of rental personal watercraft shall be required by livery operators to view a personal watercraft instructional video approved by the Arkansas State Game and Fish Commission Boating Safety Office.
3. A personal watercraft livery shall provide for the operator of rental personal watercraft in print prior to rental the boating regulations and rules peculiar to the area of rental, including, but not limited to, no-entry zones, no-wake zones, channel routes and water hazards, and tidal flow, where applicable.
4. A personal watercraft livery shall provide the operators of rental personal watercraft with all equipment required under state law.
5. A personal watercraft livery may not enter into a lease for rental agreement for a personal watercraft with any person under eighteen (18) years of age.
1. The provisions of § 27-101-602 shall not apply to a person participating in an officially sanctioned regatta, race, marine parade, tournament, or exhibition.
2. Law enforcement officers and emergency response personnel engaged in the performance of their duties shall be exempt from the provisions of this subchapter.
3. The provisions of § 27-101-604(d) shall not apply to the State of Arkansas, including state agencies, boards, and commissions, nor its political subdivisions such as counties and municipalities. However, the remaining provisions of this subchapter, including § 27-101-604(a)-(c), shall apply.
1. It is unlawful for a person to knowingly buy, receive, dispose of, sell, offer for sale, or have in his or her possession boating equipment on which the boat identification number has been removed, defaced, covered, altered, or destroyed for the purpose of concealing or misrepresenting the identity of the boating equipment.
2. 1. A person who pleads guilty or nolo contendere to or is found guilty of a violation under subsection (a) of this section is guilty of a Class A misdemeanor.
  2. A person who pleads guilty or nolo contendere to or is found guilty of a second or subsequent offense under this section is guilty of a Class D felony.
1. It is unlawful for a person with fraudulent intent to deface, destroy, or alter the boating identification number or to place a boating identification number on boating equipment that was not assigned by the manufacturer or the Boating Law Administrator of the Arkansas State Game and Fish Commission.
2. A person who pleads guilty or nolo contendere to or is found guilty of a violation under subsection (a) of this section is guilty of a Class C felony.
1. It shall be unlawful for a person or other entity to have in his, her, or its possession boating equipment with a boating identification number that has been mutilated to the extent that it cannot be read.
2. If a piece of boating equipment has been stolen and recovered with a mutilated boating identification number, then a court of competent jurisdiction shall:
  1. Authorize the rightful owner of the boating equipment to continue the use of the equipment; and
  2. Direct the owner of the boating equipment to have the original boating identification number replaced or restenciled on the piece of boating equipment.
3. A person who pleads guilty or nolo contendere to or is found guilty of a violation under subsection (a) of this section is guilty of a Class D felony.
1. Each boat dock and marina in the state that is not located on a federal impoundment owned or managed by the United States Army Corps of Engineers shall have signage that warns of electric shock hazards in the waters surrounding the boat dock or marina and the risk of swimming in the area as provided under this section.
2. The signage under this section shall be placed to give adequate notice to persons using the boat dock or marina or swimming near the boat dock or marina of the electric shock hazard risks of the waters around the boat dock or marina.
3. The signage shall state:
  1. “ELECTRIC SHOCK HAZARD RISK: SWIM AT YOUR OWN RISK” on one (1) sign; or
  2. “WARNING: ELECTRIC SHOCK HAZARD” on one (1) sign and have another sign attached that states “SWIM AT YOUR OWN RISK”.
1. Except as provided in subsection (c) of this section:
  1. 1. A participant assumes the inherent risk of a paddlesport activity by engaging in the paddlesport activity.
    2. A participant or a participant's representative shall not make a claim against, maintain an action against, or recover from an outfitter for the injury, loss, damage, or death of the participant resulting from any of the inherent risk of a paddlesport activity; and
  2. An outfitter is not liable for an injury to or the death of a participant resulting from the inherent risk of paddlesport activities.
2. This section does not apply to a relationship between an employer and employee under the Workers' Compensation Law, § 11-9-101 et seq.
3. This section does not prevent or limit the liability of an outfitter or its agent that:
  1. Intentionally injures a participant;
  2. Commits an act or omission of gross negligence concerning the safety of a participant that proximately causes injury, damage, or death to the participant;
  3. Provides unsafe equipment or watercraft to a participant and knew or should have known that the equipment or watercraft was unsafe to the extent that it could cause an injury;
  4. Fails to provide a participant with the equipment required by § 27-101-203(a);
  5. Fails to use that degree of care that an ordinarily careful and prudent person would use under the same or similar circumstances; or
  6. Commits other acts, errors, or omissions that constitute willful or wanton misconduct, gross negligence, or criminal conduct that proximately causes injury, damage, or death.
4. The limitation of liability provided by this section is in addition to any other limitation of liability provided by law.
1. This subchapter shall be known and may be cited as the “Arkansas Motorboat Registration and Titling Act”.
2. The purpose of this subchapter is to establish the requirements and procedures for registering with a certificate of number and titling motorboats manufactured on and after January 1, 2020.
1. Chapters 1-99 of Title 27 do not apply to motorboats registered with a certificate of number and titled under this Subtitle 7.
2. This subchapter shall apply only to motorboats manufactured on and after January 1, 2020.
3. Title 27, Chapter 101, Subchapters 1-7, apply to all motorboats regardless of the date the motorboat was manufactured.
4. 1. All motorboats, regardless of when the motorboat was manufactured, are subject to the requirements of § 27-101-301 et seq.
  2. However, a motorboat manufactured prior to January 1, 2020, is not eligible for issuance of a certificate of title under this subchapter.
5. This subchapter shall not apply to:
  1. A motorboat issued a certificate of number under federal law or a federally approved numbering system of another state, provided that the motorboat has not been within this state for more than sixty (60) days;
  2. Motorboats from a country other than the United States temporarily using the waters of this state;
  3. Motorboats whose owner is the United States Government, a state, or a subdivision of a state;
  4. Ship lifeboats; or
  5. Homemade motorboats.
1. The owner of a motorboat manufactured on and after January 1, 2020, shall apply to the Office of Motor Vehicle for the issuance of a certificate of title or a certificate of title with beneficiary under § 27-101-1013, for the motorboat upon the appropriate forms furnished by the office.
2. The application shall contain:
  1. The name, bona fide residence, and mailing address of the owner or business address if the owner is a firm, association, or corporation;
  2. 1. A description of the motorboat, including when available the make, model, year, hull identification number, motor or engine serial number or model number, and a manufacturer's certificate of origin.
    2. The manufacturer's certificate of origin shall be furnished to the dealer by the manufacturer and shall accompany the application for certificate of title.
    3. The manufacturer's certificate of origin shall be on a form prescribed by the Secretary of the Department of Finance and Administration;
  3. A statement concerning all liens or encumbrances upon the motorboat and the names and addresses of all persons having any interest in the motorboat and the nature of the interest; and
  4. 1. Further information as may reasonably be required by the office to determine whether the owner is entitled to a certificate of title.
    2. When the application refers to a motorboat purchased from a dealer, the application shall, if applicable, be accompanied by:
      1. A statement by the dealer or a bill of sale showing any lien retained by the dealer; and
      2. Payment of applicable lien notation and lien filing fees set forth in § 27-101-1029.
3. The application shall be accompanied by:
  1. A certificate of title application fee in the amount of eight dollars ($8.00) per motorboat; and
  2. A certificate of title fee in the amount of two dollars ($2.00) per motorboat.
4. 1. The certificate of title application fee collected under subdivision (c)(1) of this section shall be remitted to the Treasurer of State separate and apart from other taxes and fees.
  2. 1. The Treasurer of State shall deduct a percentage of the gross amount of the certificate of title application fee collected under subdivision (c)(1) of this section for the benefit of the Constitutional Officers Fund and the State Central Services Fund as required in §§ 19-5-202 and 19-5-203.
    2. The net amount remaining after the deduction under subdivision (d)(2)(A) of this section shall be distributed as follows:
      1. Fifty percent (50%) of the net amount shall be deposited as special revenue into the State Treasury and credited to the Commercial Driver License Fund for use by the Revenue Division of the Department of Finance and Administration; and
      2. Fifty percent (50%) of the net amount shall be deposited into the State Treasury as trust funds and credited to the State Police Retirement Fund to be used for the State Police Retirement System.
5. A certificate of title shall not be issued under this subchapter absent receipt of the following:
  1. Payment of all applicable fees;
  2. Proof of payment of personal property taxes;
  3. Proof of assessment;
  4. Proof of liability insurance to the extent required in § 27-101-301 et seq.; and
  5. Any other documentation that may be requested by the office.
1. In the event any certificate of title is lost, mutilated, or becomes illegible, the owner or legal representative or successor in interest of the owner of the motorboat for which it was issued, as shown by the records of the Office of Motor Vehicle, shall immediately make application to the office for and may obtain a duplicate certificate of title if the conditions of this section are satisfied.
2. The following information shall be included in the application:
  1. The year, make, model, hull identification number, and motor or engine serial number if applicable;
  2. The name of a lienholder;
  3. A release if the applicant claims that the lien has been released; and
  4. Other information required by the office.
3. In addition to the application referred to in subsection (a) of this section, the following fees are imposed and shall be paid to the office at the time that application for issuance of a duplicate certificate of title is made:
  1. A certificate of title application fee in the amount of eight dollars ($8.00) per motorboat; and
  2. A certificate of title fee of two dollars ($2.00) per motorboat.
4. 1. The certificate of title application fee collected under subsection (c)(1) of this section shall be remitted to the Treasurer of State separate and apart from other taxes and fees.
  2. 1. A percentage of the gross amount thereof shall be deducted by the Treasurer of State for the benefit of the Constitutional Officers Fund and the State Central Services Fund as required in §§ 19-5-202 and 19-5-203.
    2. The net amount remaining after the deduction under subsection (d)(2)(A) of this section shall be distributed as follows:
      1. Fifty percent (50%) of the net amount shall be deposited as special revenues into the State Treasury and credited to the Commercial Driver License Fund for use by the Revenue Division of the Department of Finance and Administration; and
      2. Fifty percent (50%) of the net amount shall be deposited into the State Treasury as trust funds and credited to the State Police Retirement Fund to be used for the State Police Retirement System.
5. The office may issue a duplicate certificate of title without notice to a lienholder if the records of the office do not show that a lien exists against the motorboat.
6. 1. 1. The office shall mail notice to a lienholder shown in the records of the office at the address shown in the records for the lienholder.
    2. The notice shall state that the lienholder must respond to the office within ten (10) business days from the date of the notice if the lien has not been released, or the duplicate certificate of title will be issued without recording the lien.
  2. 1. At the earlier of the time the lienholder responds indicating that the lien has been released or the expiration of the time for response by the lienholder, the office may issue a duplicate certificate of title without recording the name of the lienholder.
    2. If the lienholder timely responds indicating that the lien has not been released, the office may issue a duplicate certificate of title that places the name of the lienholder on the duplicate certificate title upon payment of all required lien notation and filing fees.
7. Upon issuance of any duplicate certificate of title, the previous certificate of title shall be void.
1. The owner of or person having a lien or encumbrance upon a motorboat that has been stolen or embezzled may notify the Office of Motor Vehicle of the theft or embezzlement, but in the event of an embezzlement, may make a report only after having procured the issuance of a warrant for the arrest of the person charged with the embezzlement.
2. Every owner or other person who has given any such notice shall notify the office of a recovery of the motorboat.
3. The office upon receiving a report of a stolen or embezzled motorboat as provided in subsection (a) of this section shall file and appropriately index the report, shall immediately suspend the certificate of number or title of the stolen or embezzled motorboat, and shall not transfer the certificate of number or certificate of title of the stolen or embezzled motorboat until such time as the office is notified in writing that the stolen or embezzled motorboat has been recovered.
4. 1. The office shall, at least one (1) time each week, compile and maintain a list of all motorboats that have been stolen, embezzled, or recovered as reported to the office during the preceding week.
  2. The lists shall be open to inspection by any law enforcement officer or other person interested in the motorboat.
5. The office, upon receiving application for the certificate of number of a motorboat under § 27-101-301 et seq. or application for a certificate of title under this subchapter, shall first check the hull identification number or other identifying number shown in the application against the indexes of registered motorboats and against the index of stolen and recovered motorboats required by this section to be maintained.
1. 1. The Office of Motor Vehicle, upon registering a motorboat with a certificate of number under § 27-101-304 and upon receipt of a proper application and all required fees, shall issue a certificate of title.
  2. The certificate of title shall be of a type that, as nearly as possible, prevents the document from being altered, counterfeited, duplicated, or simulated without ready detection.
2. 1. 1. The certificate of title shall contain upon its face the identical information required upon the face of the certificate of number.
    2. In addition, the certificate of title shall contain:
      1. A statement of the owner's title to the motorboat;
      2. A statement of all liens and encumbrances on the motorboat described in the application for the certificate of title;
      3. A statement as to whether possession of the motorboat is held by the owner under a lease, contract of conditional sale, or other similar agreement; and
      4. If a certificate of title is issued as a certificate of title with beneficiary, the information required under § 27-101-1013.
  2. The certificate of title shall bear the seal of the office.
3. 1. The certificate of title shall contain upon the front side a space for the signature of the owner, and the owner shall write his or her name with pen and ink in the space upon receipt of the certificate of title, except when a surviving owner or a beneficiary applies for a new certificate of title with beneficiary under § 27-101-1013.
  2. The certificate of title shall also contain upon the reverse side forms for assignment of title or interest and warranty of title or interest by the owner, with space for notation of liens and encumbrances upon the motorboat at the time of a transfer.
4. 1. The certificate of title shall be delivered to the owner in the event no lien or encumbrance appears thereon.
  2. Otherwise, the certificate of title shall be delivered either to the person holding the first lien or encumbrance upon the motorboat as shown in the certificate of title or to the person named to receive it in the application for the certificate of title.
1. 1. A certificate of title issued under this subchapter shall expire upon the determination by the Office of Motor Vehicle that the hull identification number on the motorboat is mutilated, destroyed, or obliterated.
  2. Upon expiration of a certificate of title under subdivision (a)(1) of this section, the office shall refer the owner of the motorboat to the Boating Law Administrator of the Arkansas State Game and Fish Commission to:
    1. Issue a primary hull identification number to the motorboat; and
    2. Verify that the owner of the motorboat permanently affixes the hull identification number to the motorboat in compliance with 33 C.F.R. Part 181, Subpart C, as in effect on January 1, 2017.
2. After receipt of a proper application and payment of all required fees under this subchapter, the office shall issue a new certificate of title using the primary hull identification number issued as provided under subsection (a) of this section.
1. 1. The Department of Finance and Administration shall not issue, renew, or update ownership information for a certificate of number under § 27-101-304 or a certificate of title under this subchapter until the department determines whether the motorboat has a primary hull identification number meeting the requirements of 33 C.F.R. Part 181, Subpart C, as in effect on January 1, 2017.
  2. Verification of the hull identification number may include without limitation a submission of a clear and legible photograph or pencil rubbing of the hull identification number.
2. Upon determination by the department that the motorboat does not have a hull identification number as required by subsection (a) of this section, the department shall refer the owner of the motorboat to the Boating Law Administrator of the Arkansas State Game and Fish Commission to:
  1. Assign a primary hull identification number; and
  2. Verify that the owner permanently affixes the hull identification number to the motorboat in compliance with 33 C.F.R. Part 181, Subpart C, as in effect on January 1, 2017.
1. As used in this section:
  1. 1. “Beneficiary” means one (1) person designated to become the owner of a motorboat upon the death of the current owner as indicated on the certificate of title issued under this chapter.
    2. “Beneficiary” does not include a business, firm, partnership, corporation, association, or any other legally created entity;
  2. “Certificate of title with beneficiary” means a certificate of title for a motorboat issued under this subchapter that indicates the present owner of the motorboat and designates a beneficiary as provided under this section; and
  3. 1. “Owner” means a person who holds legal title to a motorboat and may include more than one (1) person but not more than three (3) people.
    2. “Owner” does not include a business, firm, partnership, corporation, association, or any other legally created entity.
2. 1. The owner or joint owners of a motorboat may submit a transfer-on-death application to the Office of Motor Vehicle to request the issuance of a certificate of title with beneficiary or a change to a certificate of title with beneficiary which directs the office to transfer the certificate of title upon the death of the owner or upon the death of all joint owners to the beneficiary named on the certificate of title with beneficiary.
  2. A transfer-on-death application shall contain:
    1. A statement as to whether the applicant seeks to add, remove, or change a beneficiary;
    2. The full legal name of the beneficiary;
    3. The Social Security number of the beneficiary;
    4. The address of the beneficiary;
    5. The hull identification number of the motorboat and, where applicable, the engine or motor serial number;
    6. The year, make, model, and body type of the motorboat;
    7. The printed full legal name of the owner of the motorboat;
    8. The driver's license or identification card number for the owner of the motorboat; and
    9. The signature of the owner of the motorboat.
  3. The applicant shall include the following with the transfer-on-death application:
    1. The certificate of title for the motorboat issued under this chapter;
    2. A certificate of title fee in the amount of two dollars ($2.00);
    3. The certificate of title application fee in the amount of eight dollars ($8.00); and
    4. The certificate of title with beneficiary processing fee in the amount of ten dollars ($10.00).
  4. The proceeds collected under subdivision (b)(3)(C) of this section shall be distributed as set out in § 27-101-1004(d).
  5. 1. The certificate of title with beneficiary processing fee remitted under subdivision (b)(3)(D) of this section shall be deposited into the State Central Services Fund for the benefit of the Revenue Division of the Department of Finance and Administration.
    2. The fee shall be credited as supplemental and in addition to all other funds as may be deposited for the benefit of the division.
    3. The fee shall not be considered or credited to the office as direct revenue.
3. 1. The office shall not issue a certificate of title with beneficiary to an owner of a motorboat if:
    1. The motorboat is encumbered by a lien; or
    2. The owner holds his or her interest in the motorboat as a tenant in common with another person.
  2. If a lien request is made for a certificate of title with beneficiary, the beneficiary shall be removed and the lien added upon payment of all fees required under this chapter.
4. The certificate of title with beneficiary issued by the office shall include after the name of the owner the words “transfer on death to” or the abbreviation “TOD” followed by the name of the beneficiary.
5. During the lifetime of the owner or before the death of the last surviving joint owner:
  1. The signature or consent of the beneficiary is not required for any transaction relating to the motorboat for which a certificate of title with beneficiary has been issued; and
  2. The certificate of title with beneficiary is revoked by:
    1. Selling the motorboat with proper assignment and delivery of the certificate of title to another person; or
    2. Filing an application with the office to remove or change a beneficiary as provided under subsection (b) of this section.
6. Except as provided in subsection (e) of this section, the designation of the beneficiary in a certificate of title with beneficiary shall not be changed or revoked absent receipt of a court order requiring a change in the designation of beneficiary.
7. The interest of the beneficiary in a motorboat on the death of the owner or on the death of the last surviving joint owner is subject to any contract of sale, assignment, or security interest to which the owner of the motorboat was subject to during his or her lifetime.
8. 1. 1. Upon the death of the owner, the office shall issue a new certificate of title for the motorboat to the surviving owner or, if there is no surviving owner, to the beneficiary if the surviving owner or beneficiary presents the following:
      1. Proof of death of the owner that includes a death certificate issued by the state or a political subdivision of the state;
      2. Surrender of the outstanding certificate of title with beneficiary; and
      3. An application and payment of all fees required under this chapter.
    2. A certificate of title issued under this subsection is subject to any existing security interest.
  2. If the surviving owner or beneficiary chooses, he or she can submit a completed certificate of title with beneficiary application as provided under this section, which shall be accompanied by all required fees, at the time of the application for a new certificate of title.
  3. 1. The transfer under this subsection is a transfer by operation of law, and § 27-101-1022 applies to the extent practicable and not in conflict with this section.
    2. The transfer of a motorboat upon the death of the owner under this section is not testamentary and is not subject to administration under the Probate Code.
9. The procedures and fees under §§ 27-101-1004 and 27-101-1029 shall apply for obtaining a duplicate certificate of title with beneficiary.
1. There shall be deposited with the Office of Motor Vehicle a copy of the instrument creating and evidencing a lien or encumbrance, which is to be executed in the manner required by the laws of this state and accompanied by the certificate of title last issued for the motorboat.
2. If a motorboat is subject to a security interest when brought into this state, the validity of the security interest is determined by the law of the jurisdiction where the motorboat was when the security interest attached, subject to the following:
  1. If at the time the security interest attaches the parties understand that the motorboat will be kept in this state and the motorboat is in this state within thirty (30) days after attachment for purposes other than transportation through this state, the validity of the security interest in this state is determined by the law of this state;
  2. If a security interest is perfected under the law of the jurisdiction where the security interest attached, the following rules apply:
    1. If the name of the lienholder is shown on an existing certificate of title issued by that jurisdiction, the lienholder's security interest continues perfected in this state; or
    2. 1. If the name of the lienholder is not shown on an existing certificate of title issued by that jurisdiction, the security interest continues perfected in this state for four (4) months after a first certificate of title of the motorboat is issued in this state and also thereafter if, within the four-month period, it is perfected in this state.
      2. Perfection dates from the time of perfection in this state if the security interest is perfected in this state after the expiration of the four-month period;
  3. If the security interest is not perfected under the law of the jurisdiction where the security interest attached, the security interest may be perfected in this state, and perfection dates from the time of perfection in this state; or
  4. A security interest may be perfected either under subdivision (b)(2)(B) of this section or subdivision (b)(3) of this section as provided in subsection (a) of this section.
3. If the motorboat is not registered with a certificate of number and a certificate of title has not been issued for the motorboat, the certified copy of the instrument creating the lien or encumbrance shall be accompanied by an application by the owner in usual form for an original registration and issuance of an original certificate of title and any fees as required under this chapter.
1. The filing and issuance of a new certificate of title as provided in this chapter shall constitute constructive notice of all liens and encumbrances against the motorboat described in the certificate of title to creditors of the owner, subsequent purchasers, and encumbrancers, except those liens as may be authorized by law dependent upon possession.
2. 1. A lien is perfected on the date of execution if the documents required under § 27-101-1015 are filed with the Office of Motor Vehicle within thirty (30) days from the date of execution.
  2. Otherwise, constructive notice shall date from the time of receipt and filing of the documents by the office noted on the application as required under § 27-101-1016.
1. 1. At his or her option, a lienholder may:
    1. Record the lien on the manufacturer's certificate of origin;
    2. Record the lien on an existing certificate of title; or
    3. File with the Revenue Division of the Department of Finance and Administration a certified copy of the instrument creating and evidencing the lien or encumbrance.
  2. The lienholder shall remit a fee in the amount of one dollar ($1.00) for each lien filed.
  3. The recording or filing shall constitute constructive notice of the lien against the motorboat described therein to creditors of the owner, subsequent purchasers, and encumbrancers, except those liens that are by law dependent upon possession.
  4. A photocopy of the manufacturer's certificate of origin or of an existing certificate of title, showing the lien recorded thereon and certified as a true and correct copy by the party recording the lien, shall be sufficient evidence of the recording.
2. 1. 1. The lien shall be deemed perfected and the constructive notice shall be effective from the date of the execution of the instrument creating and evidencing the lien or encumbrance if it is filed as authorized in this section within thirty (30) days after the date of the execution thereof.
    2. If the instrument is filed more than thirty (30) days after the date of the execution thereof, the lien shall be deemed perfected and the constructive notice shall date from the time of the filing of the instrument.
  2. However, the filing of a lien under this section by the lienholder and the payment of the required fee shall in no way relieve any person of the obligation of paying the fee required by law for filing a lien to be evidenced on a certificate of title of a motorboat.
1. The methods provided in this subchapter of giving constructive notice of a lien or encumbrance upon a motorboat shall be exclusive except as to liens dependent upon possession.
2. Any lien, or encumbrance, or title retention instrument filed as provided in this subchapter, and any documents evidencing them, are exempted from the provisions of law which otherwise require or relate to the recording or filing of instruments creating or evidencing title retention or other liens or encumbrances upon motorboats.
1. It is a Class C misdemeanor for any person to fail or neglect to enter the transferee's name on a properly endorsed certificate of title or fail or neglect to properly endorse and deliver a certificate of title to a transferee or owner lawfully entitled to the certificate of title.
2. A person found to be in possession of a motorboat with an improperly assigned certificate of title that fails to identify the transferee shall immediately establish ownership of the motorboat, register the motorboat with a certificate of number, and pay all required fees and penalties.
1. 1. The transferee of a motorboat shall apply for, or cause to be applied for, a registration with a certificate of number under § 27-101-304 and the issuance of a certificate of title under this subchapter within thirty (30) days after the date of the release of lien by a prior lienholder, as provided in § 27-101-1024, or thirty (30) days after the date of the transfer if no lien exists.
  2. A motorboat shall not be operated upon the waters of this state for more than thirty (30) days after the release of lien by a prior lienholder as provided in § 27-101-1024, or thirty (30) days after the transfer date if no lien exists, unless a valid registration with a certificate of number and certificate of title have been issued under this chapter.
2. A transferee shall at the same time present the certificate of title, properly endorsed and assigned, to the Office of Motor Vehicle and apply for and obtain a new certificate of title for the motorboat, except as otherwise provided in § 27-101-1022.
3. 1. 1. It is unlawful for a dealer or other person who sells or finances the purchase of a motorboat subject to registration with a certificate of number in this state to use a title retention note to secure his or her interest in the motorboat.
    2. As used in this section, a “title retention note” means any instrument that grants the purchaser the right to possession and use of the motorboat, but withholds assignment of ownership on the existing certificate of title and its delivery to the purchaser, until full payment has been made by the purchaser, which makes it impossible for the purchaser to comply with subsection (b) of this section.
  2. It shall be a Class C misdemeanor for a motorboat dealer or other seller to fail to comply with this subsection.
4. This section is not intended to limit the rights of a lienholder to perfect or record his or her security interest in a motorboat as provided under §§ 27-101-1014 and 27-101-1019.
1. Whenever the certificate of title or interest of an owner in or to a registered motorboat is transferred to another person by a method other than voluntary transfer, the registration and certificate of title of the motorboat shall expire, and the motorboat shall not be operated upon the waterways of this state for more than thirty (30) days after the date of transfer.
2. 1. Upon transfer, the new owner shall secure a new registration with a certificate of number under § 27-101-304 and a new certificate of title under this subchapter, if the new owner submits to the Office of Motor Vehicle:
    1. The application and documents required to be submitted with the application;
    2. Payment of all required fees;
    3. Presentation and surrender of the last certificate of title;
    4. Evidence that the lien or encumbrance was previously recorded in this state; and
    5. The instruments or documents of authority, or certified copies of the instruments or documents of authority, as may be sufficient or required by law to evidence or effect a transfer of certificate of title or interest in or to chattels in this case.
  2. 1. If the motorboat to be registered with a certificate of number and titled was previously registered with a certificate of number in a jurisdiction other than Arkansas and if the name of the new owner as lienholder is not shown on the existing certificate of title, a certificate of title shall not be issued to the new owner under this section.
    2. Instead, the new owner may secure a new registration and certificate of title by obtaining an order issued by a court of competent jurisdiction directing issuance of the new registration with certificate of number and certificate of title.
  3. The new owner, upon transferring his or her certificate of title or interest to another person, shall execute and acknowledge an assignment and warranty of title upon the certificate of title previously issued, if available, and deliver it, as well as the documents of authority or certified copies of the documents of authority, as may be sufficient or required by law to evidence the rights of the person, to the person to whom the transfer is made.
1. A person holding a lien or encumbrance upon a motorboat, other than a lien dependent solely upon possession, may assign his or her certificate of title or interest in or to the motorboat to a person other than the owner without the consent of the owner, and without affecting the interest of the owner or the registration with certificate of number of the motorboat, but in this event, he or she shall give to the owner a written notice of the assignment.
2. The Office of Motor Vehicle, upon receiving a certificate of title, along with all required fees, assigned by the holder of a lien or encumbrance shown thereon and giving the name and address of the assignee, shall issue a new certificate of title as upon an original application.
1. As used in this section, “final payment” means an item is paid when a payee bank or person has:
  1. Paid for the item in cash;
  2. Settled for the item without having a right to revoke the settlement under statute, clearinghouse rule, or agreement; or
  3. Made a provisional settlement for the item and failed to revoke the settlement in the time and manner permitted by statute, clearinghouse rule, or agreement.
2. For purposes of this section, a lien or encumbrance is satisfied when the lienholder receives final payment.
3. 1. Upon the satisfaction of any lien or encumbrance on a motorboat for which the certificate of title is in the possession of the lienholder, the lienholder shall within ten (10) business days from the date of receipt of final payment execute a release of the lien or encumbrance in the space provided in the certificate of title, or as the Office of Motor Vehicle prescribes, and mail or deliver the certificate of title and the release of lien or encumbrance to the next lienholder named in the certificate of title or, if none, to the owner or to any person who delivers to the lienholder an authorization from the owner to receive the certificate of title.
  2. Upon the satisfaction of a lien or encumbrance on a motorboat for which the certificate of title is in the possession of a prior lienholder, the lienholder whose lien or encumbrance is paid in full shall within ten (10) business days of receipt of final payment execute a release of lien or encumbrance in the form the office prescribes and deliver the release of lien or encumbrance to the owner or to any person who delivers to the lienholder an authorization from the owner to receive it.
4. A lienholder named in a certificate of title shall upon written request of the owner or of another lienholder named on the certificate of title disclose any pertinent information as to his or her security agreement and the indebtedness secured.
5. 1. A lienholder who fails to comply with subsection (c) of this section shall pay to the person or persons satisfying the lien or encumbrance twenty-five dollars ($25.00) for the first five (5) business days after expiration of the time period prescribed in subsection (c) of this section, and the payment shall double for each five (5) days thereafter in which there is continued noncompliance, up to a maximum of five hundred dollars ($500) for each lien.
  2. If delivery of the certificate of title is by mail, the delivery date is the date of the postmark for purposes of this subsection.
1. When satisfied as to the genuineness and regularity of the transfer of a motorboat and of the right of the transferee to receive a new registration and certificate of title under this chapter, the Office of Motor Vehicle shall reregister the motorboat under § 27-101-304 and issue a new certificate of title under this subchapter as upon an original application.
2. The request for reregistration and issuance of a new certificate of title shall be accompanied by:
  1. A properly endorsed certificate of title;
  2. A completed application for registration and certificate of title as required in this chapter;
  3. If applicable, proof the motorboat or personal watercraft is covered by a liability insurance policy issued by an insurance company authorized to do business in this state;
  4. Payment of all required fees; and
  5. Any other documents that may be required by the office.
3. The office shall:
  1. Retain and appropriately file every surrendered certificate of title; and
  2. Maintain the file required under subdivision (c)(1) of this section to permit the tracing of the certificate of title.
1. The owner of a motorboat who has made a bona fide sale or transfer of his or her certificate of title or interest and who has delivered possession of the motorboat to the purchaser or transferee is not liable for any damages resulting from negligent operation of the motorboat by another person.
2. The selling or transferring owner, upon delivery of possession of the motorboat, is not liable for any damage or negligence if the selling or transferring owner:
  1. Delivers the certificate of title, properly endorsed and dated with the date of the endorsement, to the purchaser or transferee;
  2. Delivers to the Office of Motor Vehicle or placed in the United States mail, addressed to the office, the notice as provided in § 27-101-1027; or
  3. Delivers to the office or places in the United States mail, addressed to the office, the appropriate documents and fees for registration of the motorboat to the new owner under the sale or transfer.
1. Whenever the owner of a motorboat registered with a certificate of number under this chapter sells or transfers the certificate of title or interest in and delivers possession of the motorboat to another person, the owner may notify the Office of Motor Vehicle of the sale or transfer.
2. The notice shall provide the following information:
  1. The date of the sale or transfer;
  2. The name and address of the owner and of the transferee;
  3. The hull identification number;
  4. The identifying number assigned to the motorboat under § 27-101-301 et seq.;
  5. A description of the motorboat; and
  6. Any other information that may be required by the office.
1. As used in this section:
  1. “Customer” means a person who trades in or otherwise provides a motorboat to a motorboat dealer for resale;
  2. “Motorboat dealer” means a recognized motorboat dealer; and
  3. “Subsequent purchaser” means a person who buys the motorboat that was provided to the motorboat dealer as a trade-in or for resale by the customer.
2. 1. If a motorboat dealer takes possession of a motorboat for purposes of resale and there is an outstanding lien or encumbrance on the motorboat, the motorboat dealer shall in good faith tender full payment on the outstanding lien or encumbrance within ten (10) business days after the motorboat dealer takes possession of the motorboat from the customer.
  2. This time period may be shortened if the customer and the motorboat dealer agree to a shorter time period.
3. 1. If the motorboat dealer fails to act in good faith in tendering full payment for the outstanding lien or encumbrance within ten (10) business days or within the time period agreed to by the motorboat dealer and the customer under subdivision (b)(2) of this section, the customer shall have an absolute right to cancel the contract for sale between the customer and the motorboat dealer.
  2. If the contract for sale is canceled under subdivision (c)(1) of this section, the motorboat dealer shall be responsible for late fees, finance charges, or any financial penalty that is required to be made by the customer as part of the existing lien or encumbrance.
4. 1. If the motorboat dealer sells the motorboat to a subsequent purchaser without first tendering full payment for the outstanding lien or encumbrance, the subsequent purchaser who buys the motorboat subject to the existing lien or encumbrance shall have an absolute right to cancel the contract for sale between the subsequent purchaser and the motorboat dealer.
  2. If the contract for sale is canceled under subdivision (d)(1) of this section, the motorboat dealer shall be responsible for late fees, finance charges, or any financial penalty that is required to be made by the subsequent purchaser as part of the existing lien or encumbrance.
1. Except as otherwise provided, all fees required under this chapter shall be paid to the Office of Motor Vehicle.
2. The following fees are charged under this subchapter by the Secretary of the Department of Finance an Administration:
  1. Certificate of title with beneficiary processing fee $10.00
  2. Duplicate title fee 2.00
  3. Lien filing fee 1.00
  4. Lien notation fee .50
  5. Title application fee 8.00
  6. Hull identification fee 25.00
1. Within twenty (20) days after making the affidavit, the taker up shall cause to be inserted in some newspaper printed in this state, for three (3) weeks successively, a correct account of the time and place when and where the property was taken up and the description and valuation thereof. He or she shall also put up three (3) advertisements to the same effect at the most public places in the neighborhood where the property may have been taken up.
2. If the amount of the property taken up does not exceed fifty dollars ($50.00) in value, no publication in the newspaper is necessary.
3. Persons taking up property and failing to give notice as required by this section shall forfeit all claims to salvage.
1. When any raft or boat with produce therein shall be taken up, which raft or the cargo of the boat consists of articles that are usually taken to the states of Mississippi or Louisiana for sale and the owner does not apply for or make demand of the property within twenty (20) days, then the person taking up the property may apply to a justice of the peace of the county where the property was taken up. On showing that the property so taken up is of a perishable nature and is likely to be injured or become of less value by being kept, the justice may make an order authorizing the taker up of the property to sell the property at public auction on giving notice by advertisement, as the justice may direct, or the justice may authorize the taker up to ship the property to any market where he or she may deem it most likely he or she will effect a good sale of the property.
2. Before the sale shall be made or the property removed for shipment to another market, the taker up shall enter into bond to the State of Arkansas, with sufficient security to be approved of by the justice, in double the value of the property so taken up. This bond shall be conditioned that if the owner shall appear and establish his or her claim to the property within one (1) year from the time of taking up the property, the taker up will pay to the owner the value of the property, deducting his or her salvage or, when taken to a market, deducting his or her salvage and reasonable expenses.
3. The bond shall be filed by the justice in the office of the clerk of the county court of the county where the property was taken up for the use of the owner.
4. The justice shall give to the taker up a copy of the order of sale or shipment with a certificate that bond has been entered into by the person for the security of the owner. The copy of the order and certificate under the hand of the justice shall be a sufficient voucher for the taker up to authorize all acts of ownership over the property.
1. The Division of Aeronautics shall be composed of seven (7) members appointed by the Governor.
2. One (1) of the members shall be appointed from each of the four (4) congressional districts, and three (3) members shall be appointed from the state at large.
3. Appointments shall be for terms of five (5) years.
1. The Director of the Division of Aeronautics shall be appointed by the Secretary of the Department of Commerce with the approval of the Governor and shall serve at the pleasure of the Governor.
2. The director shall report to the secretary.
1. The Division of Aeronautics shall have the right to:
  1. Receive grants and donations, appropriations, and other funds or materials on behalf of the state, county, municipality, or other eligible applicants for utilization in the development of aeronautics, provided that the division shall not have the right to use the funds received for a particular purpose for any other purpose without the consent of the person or agency providing the particular funds; and
  2. Plan and lay out a state system of landing fields, airports, and airways and to inspect them and to close any landing field or airport found to be unsafe.
2. The division is authorized:
  1. To accept as a loan or a gift any aircraft made available for its use by the federal government or any agency thereof; or
  2. To match any funds made available by the federal government, any agency thereof, or any person or corporation with any moneys available to the division for the purpose of acquiring any aircraft which it may deem necessary to the proper performance of its duties as provided by law.
1. It shall be the duty of the Division of Aeronautics to:
  1. Provide for the examination, rating, and licensing of airports, landing fields, and air navigation facilities available for the use of aircraft;
  2. Adopt, in consultation with the Secretary of the Department of Commerce, rules for the issuance, expiration, suspension, or revocation of licenses of airports, landing fields, and air navigation facilities, and of other licenses or certificates that the division deems necessary in administering the functions vested in the division under this chapter and § 27-116-101 et seq.;
  3. Establish, set apart, and provide for the protection of necessary air space reservations within the state in addition to and not in conflict with air space reservations established by the President of the United States or any department of the United States or with any civil or military airway designated under the provisions of the Air Commerce Act of 1926 and the amendments thereto, or other act of Congress pertaining thereto;
  4. Designate, establish, and chart civil airways within, over, and above the lands or waters of the state and arrange for publication of maps of such airways, utilizing the facilities and assistance of existing agencies of the state as far as practicable. The division shall grant no exclusive right for the use of any civil airway, airport, intermediate landing field, or other air navigation facility under its jurisdiction;
  5. Investigate, record, and report the causes of accidents in civil air navigation within this state;
  6. Encourage the establishment of airports, civil airways, and other air navigation facilities;
  7. Supervise and regulate the safety, adequacy, and sufficiency of all airports, landing fields, and air navigation facilities and equipment used or to be used in private or commercial flying;
  8. Adopt, in consultation with the secretary, rules governing instruction in flight or ground school offered to student fliers or mechanics when the instruction is conducted by individual flight instructors licensed under appropriate Federal Aviation Administration regulations and adopt rules governing the safety, adequacy, and sufficiency of airports, landing fields, and air navigation facilities and equipment used or to be used in the instruction of student fliers or mechanics;
  9. Adopt, in consultation with the secretary, rules for the marking of highways, municipalities, and all other serial markings used throughout the state;
  10. Adopt, in consultation with the secretary, rules governing the erection, location, and maintenance of aerial beacon lights and other aerial night lighting equipment within the state;
  11. Exchange with the Federal Aviation Administration and other state governments through existing governmental channels information pertaining to civil air navigation;
  12. Enforce the regulations and air traffic rules, promulgated as provided hereunder, through the assistance and cooperation of state and local authorities charged with the enforcement of law in their respective jurisdictions;
  13. Establish by rule, in consultation with the secretary, the minimum safe altitudes for flight, including air traffic rules; and
  14. Establish, in consultation with the secretary, posting requirements for compliance with § 12-19-102, concerning the posting of information about the National Human Trafficking Resource Center Hotline.
2. All rules prescribed by the division under the authority of this section shall be consistent with and conform to current federal legislation governing aeronautics and the regulations duly promulgated thereunder and rules issued from time to time pursuant thereto. Nothing in this section shall confer upon the division the power to determine schedules, issue stock, or determine public convenience or the adequacy and sufficiency of service of common carriers engaged in commercial flying within this state.
1. The Division of Aeronautics shall assist in the location of landing fields and the promotion and development of aeronautics throughout the state.
2. The division may use for the construction and development of these fields and for the grading and construction of highways leading thereto, any equipment of the Arkansas Department of Transportation which is not at that time required for other construction purposes.
1. All revenues derived from the levying of the Arkansas Gross Receipts Tax, as amended, § 26-52-101 et seq., upon aircraft and aviation fuel, aviation services, aircraft parts and accessories, and other gross receipts taxes remitted by aircraft dealers, airports, and flying fields shall be reported to the Secretary of the Department of Finance and Administration in a manner and on forms as he or she shall direct.
2. The Division of Aeronautics is authorized to accept donations and grants of all property, whether real or personal.
3. Tax proceeds and grants and donations of money shall be special revenues and shall be deposited in the State Treasury to the credit of the Division of Aeronautics Fund to be used for constructing and improving airports, civil airways, and other air navigation facilities and for preserving the history of aviation in the state.
4. The division shall administer the funds so deposited and shall use the funds for the sole purpose of building airports, civil airways, and other air navigation facilities in this state in those cities or towns as the division, in coordination with the Arkansas Economic Development Council, shall determine would attract the greatest volume of industry to this state.
5. The funds may also be used for the purpose of:
  1. Matching funds with any federal funds made available for the purpose of this section; or
  2. 1. Establishing or supporting aviation museums to preserve the history of aviation in the state.
    2. Assistance for the establishment or support of aviation museums shall not exceed a total of twenty thousand dollars ($20,000); or
  3. Distributing grants to qualifying applicants as determined by the Director of the Division of Aeronautics and the Aeronautics Commission for any purpose related to:
    1. The development of aeronautics;
    2. The promotion of aeronautics; or
    3. Aviation education.
6. 1. All revenues derived from the levying of the compensating use tax under the Arkansas Compensating Tax Act of 1949, § 26-53-101 et seq., upon aircraft and aviation fuel, aviation services, and aircraft parts and accessories remitted by aircraft dealers, airports, and flying fields shall be reported to the Director of the Division of Aeronautics in a manner and on forms as he or she shall direct.
  2. All state use tax derived shall be special revenues and shall be deposited in the State Treasury to the credit of the fund to be used for the purposes set forth in this subsection.
1. The ownership of the space over and above the lands and waters of this state is declared to be vested in the owner of the surface beneath, but this ownership extends only so far as is necessary to the enjoyment of the use of the surface without interference and is subject to the right of passage or flight of aircraft.
2. Flight through the space over and above land or water at a sufficient height and without interference to the enjoyment and use of the land or water beneath is not an actionable wrong unless the flight results in actual damage to the land or water or property thereon or therein or use of the land or water beneath.
3. Flight in aircraft over the lands and waters of this state is lawful, unless at an altitude low enough to interfere with the then-existing use to which the land or water or the space over the land or water is put by the owner or unless so conducted as to be dangerous or damaging to persons or property lawfully on the land or water beneath.
4. The landing of an aircraft on the lands or waters of another without his or her consent is unlawful, except in the case of a forced or emergency landing.
1. The provisions of this subchapter and § 27-116-101 et seq. and § 27-116-301 et seq., insofar as they relate to registration and license, shall not apply to aircraft owned and operated within this state by nonresidents of this state for a period not to exceed thirty (30) days in the calendar year, provided that the owner or pilot can show satisfactory proof he or she has complied with the laws relating to registration and license of airmen and aircraft in the state, territory, district, or country of which he or she is a resident.
2. A nonresident owner or airman cannot engage within this state in the carrying of passengers, merchandise, or property for hire or reward by means of civil aircraft or in any commercial aircraft flying for hire or reward, unless he or she has complied with the provisions of this subchapter and § 27-116-101 et seq. and § 27-116-301 et seq. governing registration and license as if he or she were a resident of this state.
1. The licenses of airports, landing fields, air navigation facilities, and other licenses or certificates that the Arkansas Department of Aeronautics may issue under authority of this subchapter and § 27-116-101 et seq. and § 27-116-301 et seq. shall be denied or revoked only after the applicant or licensee shall have been accorded a hearing thereon.
2. Within ten (10) days after notice that application for registration and license has been denied or the license or certificate revoked, the applicant or holder may file a written request with the department for a public hearing thereon.
3. The secretary of the department upon receipt of the request shall:
  1. Arrange for a public hearing to be held within twenty (20) days after receipt in such place as the secretary deems most practicable and convenient; and
  2. Give the applicant or holder at least ten (10) days' notice of the hearing unless an earlier hearing is consented to by the applicant or holder. Notice may be served personally or sent to the applicant or holder by registered mail.
1. All crimes, torts, and other wrongs committed by or against a pilot or passengers while in flight over or above the lands and waters of this state shall be governed by the laws of this state.
2. Whether damage occasioned by or to an aircraft while over this state constitutes a tort, crime, or other wrong by or against the owner of the aircraft shall be determined by the laws of this state.
1. The owner and the pilot, or either of them, of every aircraft which is operated over the lands or waters of this state shall be liable for injuries or damage to persons or property on or above the land or water beneath caused by the ascent, descent, or flight of aircraft, or the dropping or falling of any object therefrom, in accordance with the rules of law applicable to torts on land in this state.
2. The liability of the owner or pilot of an aircraft carrying passengers for injury or death to his or her passengers shall be determined by the rules of law applicable to torts on the lands or waters of this state arising out of similar relationships.
3. 1. As used in subsection (a) of this section, “owner” shall include a person having full title to aircraft and operating it through servants and shall also include a bona fide lessee or bailee of the aircraft, whether gratuitously or for hire; but “owner”, as used in subsection (a) of this section, shall not include a bona fide bailor or lessor of such aircraft, whether gratuitously or for hire, or a mortgagee, conditional seller, trustee for creditors of the aircraft, or other persons having a security title only, nor shall the owner of the aircraft be liable when the pilot thereof is in possession of the aircraft as a result of theft or felonious conversion.
  2. The person in whose name an aircraft is registered with the Federal Aviation Administration shall be prima facie the owner of the aircraft within the meaning of subsection (a) of this section.
1. 1. The General Assembly finds and declares that it is in the interest of public safety to facilitate by the most expeditious means available the search for and location of aircraft which have crashed or been forced to land in remote or inaccessible areas.
  2. It is therefore the policy of this state that all civil aircraft, except aircraft used for agricultural spraying or crop dusting, experimental aircraft operating for testing purposes, aircraft of primarily antique or historical value or interest, gliders, and lighter-than-air craft located for tax purposes within the territorial limits of this state, shall be equipped with an approved device capable of indicating by radio transmissions the position of the aircraft when grounded because of mechanical or other failure at a place other than at an airport.
2. The Arkansas Department of Aeronautics shall establish minimum standards for downed aircraft radio transmitting devices. The standards shall require that the devices be used on all aircraft, except as provided otherwise in this subchapter.
3. 1. Upon petition by the owner of any aircraft, the department may exempt the aircraft from the requirements of a downed aircraft rescue transmitter upon a showing to the satisfaction of the department that the device would not sufficiently increase the safety of operations in the particular case.
  2. The provisions of this subchapter shall not apply to air carrier aircraft operating pursuant to both a federal certificate of public convenience and necessity and a federal air carrier operating certificate.
1. The Arkansas Department of Aeronautics shall examine or cause to be examined downed aircraft transmitting devices submitted to it for approval by the manufacturer or distributor and shall approve for use those units found to be effective and reliable within the limits and standards established by the department.
2. Manufacturers or distributors making application for approval shall as prescribed by the department furnish information, supply units for testing, and submit fees as determined by the department sufficient to defray the cost of testing.
3. The downed aircraft transmitting devices approved by the department must be of sufficient durability to withstand the impact of a crash and automatically activate to transmit an effective signal on a preset emergency distress radio frequency to enable the location of the aircraft to be fixed.
1. No person shall sell or offer for sale any downed aircraft transmitting device which does not satisfy all of the following requirements:
  1. The device shall meet the minimum standards for transmitting devices established pursuant to this subchapter and the rules promulgated by the Division of Aeronautics hereunder;
  2. The device shall be approved by the division as provided by this subchapter; and
  3. The device shall have legibly inscribed thereon or permanently affixed thereto by the manufacturer the following statement: “This downed aircraft transmitter has been approved by, and meets the minimum standards for such devices established by, the State of Arkansas.”
2. No downed aircraft transmitting device which fails to exhibit the inscription required in subdivision (a)(3) of this section shall meet the requirements of this subchapter.
1. A person commits the offense of operation of a prohibited aircraft if the person knowingly:
  1. Operates an aircraft that does not have aircraft identification numbers that comply with identification and registration marking regulations adopted by the Federal Aviation Administration, 14 C.F.R. Part 45;
  2. Operates or navigates an aircraft that is not properly registered under Federal Aviation Administration aircraft registration regulations, 45 C.F.R. Part 47; or
  3. Operates an aircraft equipped with a fuel tank, bladder, drum, or other container for fuel that does not conform to federal aviation regulations or that has not been approved by the Federal Aviation Administration by inspection or special permit under regulations adopted by the Federal Aviation Administration, 14 C.F.R. Parts 21, 43, or 91.
2. Operation of a prohibited aircraft is a Class C felony.
3. 1. The failure to properly display on an aircraft identification numbers in compliance with federal aviation regulations shall be probable cause for a law enforcement officer to inspect the aircraft to determine the identity of the owner.
  2. A law enforcement officer may inspect an aircraft under this section if the aircraft is located:
    1. On public property; or
    2. On private property, if the officer has the consent of the property owner.
1. Every person, company, firm, or corporation which now owns, operates, manages, or controls any wire of any kind or description, including, but not limited to, those over which electricity or messages are transmitted located within the approach zone of any airport in this state shall remove the wires from the approach zone of the airport. Removal shall not be required until the owner or operator of the airport affected requests the removal in writing specifying the wires to be removed and the owner or operator has either paid to the person required by this chapter to remove the wires or has executed a good and sufficient bond with corporate surety thereon as security for the payment in a sum of money sufficient to pay all the actual cost of removing the wires, together with the poles, crossarms, and other equipment connected thereto, and the actual cost of:
  1. Constructing underground conduits and the construction of wires and equipment in the conduits; or
  2. Rerouting such wires, together with the poles, crossarms, and other equipment connected thereto together with the cost, if any, of new rights-of-way made necessary by the rerouting.
2. In the event that the parties are unable to agree upon the amount of such costs, the Arkansas Public Service Commission shall determine the amount of the costs. Appeal from determination by the commission shall be had in the manner provided by law.
1. For purposes of this section, an “aeronautical facility” means any public airport or military airport which has a hard surface runway.
2. No structure in excess of one hundred feet (100') in height may be constructed within twenty-five hundred feet (2,500') from either side of a runway centerline running the full length of that runway, including the runway protection zone and runway safety area, extending outward from the approach end of any runway for seven (7) nautical miles, and rising upward from that runway end surface at a slope of sixty-five feet (65') horizontally to one foot (1') vertically for the seven (7) nautical miles of any aeronautical facility used by the public unless a permit for such construction has been issued by the governing body responsible for operations at the aeronautical facility.
3. The governing body of an aeronautical facility may levy a fine not to exceed one thousand dollars ($1,000) per day against the owner of any structure constructed in violation of this section. The fine may be levied for each day until the structure is removed.
4. This section does not apply to any structure existing on March 26, 1999, nor to any structure which has construction in progress on March 26, 1999.

ARTICLE VII

The commission is authorized and directed to proceed with the planning and construction of the bridge and the approaches thereto as rapidly as may be economically practicable and is vested with all necessary and appropriate powers, not inconsistent with the constitution or the laws of the United States or of either state, to effect the same, except the power to assess or levy taxes.

ARTICLE VIII

In witness thereof, we have hereunto set our hands and seals under authority vested in us by law.

(Signed) In the presence of: (Signed)

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