CHAPTER 283
HB 1463-FN – FINAL VERSION
07Mar2006… 1166h
04/20/06 1713s
24May2006… 2304cofc
2006 SESSION
03/10
HOUSE BILL 1463-FN
AN ACT relative to boating and water safety.
SPONSORS: Rep. D.L. Christensen, Hills 19; Rep. Russell, Belk 6; Rep. Currier, Merr 5; Sen. Johnson, Dist 2; Sen. Gallus, Dist 1
COMMITTEE: Resources, Recreation and Development
AMENDED ANALYSIS
This bill:
I. Prohibits the display of shore lights that resemble navigation lights.
II. Establishes examination requirements for safe boater education courses.
III. Prohibits participating in a prohibited water event.
IV. Prohibits receiving more than one temporary certificate of safe boating education in any calendar year and authorizes the commissioner of the department of safety to revoke the authority of a person administering a temporary safe boater examination found to have assisted the person taking the examination.
V. Increases the fee for a temporary certificate of safe boating education.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
07Mar2006… 1166h
04/20/06 1713s
24May2006… 2304cofc
06-2841
03/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Six
AN ACT relative to boating and water safety.
Be it Enacted by the Senate and House of Representatives in General Court convened:
283:1 New Section; Boating and Water Safety; Shore Lights. Amend RSA 270-D by inserting after section 7 the following new section:
270-D:7-a Shore Lights. No person shall display, at any point on the shore visible from the water, any lights that resemble in color or configuration the required navigation lights of any vessel.
283:2 Safe Boater Education Course; Examination. Amend RSA 270-D:13, I(a) to read as follows:
(a) Passes a safe boater education course approved by the commissioner in accordance with the criteria of the National Association of State Boating Law Administration. [The] A classroom course shall provide a minimum of 8 hours of instruction. Passage of a safe boater education course shall require successful completion of a proctored examination administered by a person authorized by the commissioner in accordance with rules adopted by the commissioner. The minimum passing grade for the [course] examination shall be [70] 80 percent; or
283:3 Boat Safety Course. Amend RSA 270:46-a, II-III to read as follows:
II. Any person who pays such penalty and who, within 6 months of conviction, completes at such person’s own expense a boat safety classroom course as specified in rules adopted, under RSA 541-A, by the director of safety services shall have his or her $200 refunded to him or her from the navigation safety fund by the director.
III. In addition to any other penalty imposed, any person who is convicted of violating any of the following boating laws or rules of the division of safety services, and who has not already successfully completed an approved boating safety course shall complete a boat safety classroom course, at that person’s own expense, within 6 months of conviction. Any person who fails to complete the boat safety classroom course within 6 months may be prevented from reregistering the boat:
(a) Laws or rules relative to speed limit, safe passage, or personal flotation devices.
(b) RSA 270:37, decibel limits on noise.
283:4 Failure to Disperse; Participation in a Water Event; Penalties. Amend RSA 270-D by inserting after section 4 the following new section:
270-D:4-a Participation in Water Event; Failure to Disperse; Penalties. Any person who participates in a water event for which a permit has not been issued as required by RSA 270-D:4, shall be guilty of a violation and fined not less than $100. Any person who continues to participate in or refuses to disperse from the location of such an event after being ordered by a marine patrol officer or other local, county, or state law enforcement officer to cease participation and disperse shall be guilty of a misdemeanor.
283:5 Safe Boater Education; Temporary Certificate. Amend RSA 270-D:14 to read as follows:
270-D:14 Temporary Certificate. The commissioner, or designee, shall issue a temporary certificate of safe boating education to a person 16 years of age or older who passes a temporary safe boater examination administered by the department or its agents and approved by the commissioner. The temporary certificate of safe boater education shall be valid for up to 14 days and shall entitle the holder only to operate a vessel on the public waters of New Hampshire. No person shall receive more than one temporary certificate of safe boating education in any calendar year. Any dealer or renter of boats or employee thereof, who has passed the boating safety education course as provided in RSA 270-D:13, I(a) and is approved by the commissioner, may administer the temporary safety examination and issue a temporary certificate. If the commissioner finds that a person administering a temporary safe boater examination has assisted the person taking the examination, the commissioner shall permanently revoke the authority of the administrator to issue certificates and administer examinations.
283:6 Safe Boater Education; Fees; Temporary Certificate. Amend RSA 270-D:17, I(b) to read as follows:
(b) The fee for a temporary certificate shall [not exceed $5] be $10.
283:7 Effective Date.
I. Sections 1-3 of this act shall take effect January 1, 2007.
II. The remainder of this act shall take effect upon its passage.
Approved: June 15, 2006
Effective: I. Sections 1-3 shall take effect January 1, 2007
II. Remainder shall take effect June 15, 2006