SB 155-FN – AS INTRODUCED
2005 SESSION
03/01
SENATE BILL 155-FN
AN ACT prohibiting rafting of boats on lakes and ponds.
SPONSORS: Sen. Johnson, Dist 2; Rep. Whalley, Belk 5; Rep. Dickinson, Carr 1; Rep. Patten, Carr 4
COMMITTEE: Transportation and Interstate Cooperation
This bill prohibits rafting of boats on lakes and ponds.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
05-0907
03/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Five
AN ACT prohibiting rafting of boats on lakes and ponds.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Rafting; Prohibition, Enforcement. Amend RSA 270:43 to read as follows:
270:43 [Rules] Rafting Prohibited; Enforcement.
I. [The commissioner of safety, pursuant to RSA 541-A, shall adopt rules which shall be binding on all persons owning, leasing or operating boats and which:
(a) Further define and regulate the practice of rafting of boats; and
(b) Designate prohibited locations or times, in or during which the size of rafts is limited and a minimum distance is required between boats and rafts in accordance with the provisions of RSA 270:44. Such prohibited locations and times shall include:
(1) The following locations on Lake Winnipesaukee, which shall be more specifically defined in such rules:
(i) The Kona mansion area, so-called, in the town of Moultonborough;
(ii) Small's cove, in the town of Alton; and
(iii) Wentworth cove, southwest of Governor's island bridge in the town of Gilford; and
(2) Such other locations and times as the commissioner of safety shall prescribe.] Rafting is prohibited.
II. The provisions of this subdivision [and the rules adopted under this section] shall be enforced by any law enforcement officer having jurisdiction in the area in which any violation of such provisions [or rules] occurs or by the commissioner of safety and his or her duly authorized agents, who shall have all the powers of a peace officer in any county of the state regarding such enforcement.
2 Rafting; Penalty. Amend RSA 270:46 to read as follows:
270:46 Penalty. A person shall be guilty of a violation if he or she:
I. Fails to comply with the provisions of this subdivision [or any rule adopted thereunder];
II. Refuses to cooperate with a law enforcement officer in the determination of compliance with the provisions of this subdivision [or any rule adopted thereunder]; or
III. Refuses to move the boat which he or she is operating or in charge of in order to comply with the provisions of this subdivision [or any rule adopted thereunder].
3 Repeal. The following are repealed:
I. RSA 21-P:14, II(l), relative to regulation of rafting of boats.
II. RSA 270:42, VI, relative to definition of single boat.
III. RSA 270:44, relative to size of rafts, separation of rafts, and single boats.
IV. RSA 270:45, relative to exceptions to time and location prohibitions.
4 Effective Date. This act shall take effect January 1, 2006.
LBAO
05-0907
1/7/05
SB 155-FN - FISCAL NOTE
AN ACT prohibiting rafting of boats on lakes and ponds.
FISCAL IMPACT:
The Department of Safety determined this bill may increase state general fund revenue and state restricted expenditures by an indeterminable amount in FY 2006 and each year thereafter. There will be no fiscal impact on county and local revenue or expenditures.
METHODOLOGY:
The Department stated this bill may result in increased state general fund revenue from the collection of fines from violators. However, the number of violators and the amount of the fines collected cannot be estimated. The Department further stated they cannot estimate the increased expense to the navigation safety fund associated with expanded enforcement activities that may cause the need for additional staff, equipment and overtime.