(a) 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 Director of the Department of Finance and Administration on forms approved by the Arkansas State Game and Fish Commission.
(b) The application shall be signed by the owner of the motorboat and shall be accompanied by a fee as provided in § 27-101-306, verification of the hull identification number, and by 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.
(c)
(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.
(d) 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.
(e)
(1) Upon receipt of the application in approved form, accompanied by proof that the motorboat has been assessed or listed for assessment and, if it is equipped with more than fifty horsepower (50 hp), or is personal watercraft, is covered by a liability insurance policy issued by an insurance company authorized to do business in this state, the director shall enter the application upon the records of his or her office and issue to the applicant a certificate of number stating the number awarded to the motorboat and the name and address of the owner.
(2)
(A) 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.
(B) Insurance companies shall not be required to provide proof of insurance that may be conveniently carried as required in subdivision (e)(2)(A) of this section if the insurance coverage is provided as part of a homeowner's insurance policy.
(C) 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.
(D) The presentment of proof of insurance in an acceptable electronic format does not:
(i) Authorize a search of any other content of an electronic device without a search warrant or probable cause; or
(ii) Expand or restrict the authority of a law enforcement officer to conduct a search or investigation.
(f)
(1) The certificate of number shall be issued in triplicate with the original copy to be furnished the owner of the motorboat.
(2) The duplicate shall be retained as a record by the director.
(3) The triplicate copy shall be furnished to the commission to be retained for a period of five (5) years.
(g)
(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)
(A) 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.
(B) 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).
(h) 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.