GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1995

S	1 

SENATE BILL 976

Short Title:  Boat Number Fees.	(Public)

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Sponsors: Senator Albertson.

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Referred to:  Finance

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May 3, 1995

A BILL TO BE ENTITLED
AN ACT TO INCREASE THE FEE PAID TO AGENTS OF THE WILDLIFE RESOURCES COMMISSION TO ISSUE CERTIFICATES OF BOAT NUMBER AND TO AMEND THE DUTIES OF THE WILDLIFE RESOURCES COMMISSION WITH REGARD TO THE APPOINTMENT OF AGENTS FOR THE ISSUANCE OF BOAT NUMBERS.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 75A-5(e) reads as rewritten:
"(e)	The Wildlife Resources Commission may award any certificate of number directly or may authorize any person  qualified as prescribed in subsection (l) of this section to act as agent for the purpose of issuance, renewal, and transfer of permanent and temporary certificates of boat number subject to the requirements set forth in subsection (a) of this section.  Upon acceptance of this authorization, an agent may be assigned certificates and numbers which, upon issuance in conformity with this Chapter and with any rules and regulations of the Commission, shall be valid as if issued directly by the Commission.  As compensation for services rendered to the Commission, the agent may deduct six percent (6%) of the proceeds from the fee charged for issuance, renewals, and transfer of certificates of boat number.  Nothing in this subsection precludes an agent from charging the customer a reasonable additional fee to pay for the cost of processing the application for a certificate of number or for issuance of a temporary certificate of number, provided that the agent prominently displays notice of the service fee and informs the customer of the fee prior to processing the application."
Sec. 2.  G.S. 75A-5(l) reads as rewritten:
	"(l)  When certificates of number are to be issued by agents as provided by subsection (e) of this section, the Wildlife Resources Commission may establish administrative guidelines that prescribe:
(1)	The qualifications of agents;
(2)	The duties of agents;
(3)	Methods and procedures to ensure accountability and security for proceeds and unissued certificates of numbers;
(4)	Requirements for security bonds in amounts sufficient to protect the State against loss of public funds or documents;
(5)	Methods and procedures, including submission of the kinds and amounts of evidence deemed sufficient to relieve an agent of responsibility for losses due to occurrences beyond the agent's control; and
(6)	Any other reasonable requirement or condition deemed necessary and desirable to expedite and control the issuance of certificates of boat number by agents.
In accordance with administrative guidelines developed pursuant to this section, the executive director may:
(1)	Select and appoint agents in the areas most convenient to the boating public and limit the number of agents in any one area if necessary for efficiency of operation;
(2)	Require prompt and accurate reporting and remittance of public funds or documents by agents;
(3)	Conduct periodic and special audits of accounts;
(4)	Terminate the authorization of any agent found to be in noncompliance with administrative guidelines or directives of the Commission or when State funds or property are reasonably believed to be in jeopardy; and
(5)	Demand the immediate surrender of all accounts, forms, certificates, decals, records, and State funds in the event of the termination of an agency.
A person who is denied the authority to act as an agent for the issuance of certificates of number and validation decals or whose authority to do so is revoked may not commence a contested case under G.S. 150B-23.  If any check or draft of any agent for the issuance of certificates of boat number shall be returned by the banking facility upon which the same is drawn for lack of funds, such agent shall be liable to the Wildlife Resources Commission for a penalty of five percent (5%) of the amount of such check or draft, but in no event shall such penalty be less than five dollars ($5.00) or more than two hundred dollars ($200.00).  Agents shall be assessed a penalty of twenty-five percent (25%) of their issuing fee on all remittances to the Commission after the fifteenth day of the month immediately following the month of sale."
Sec. 3.  This act is effective upon ratification.