CHAPTER 315
SB 251 – FINAL VERSION
05Apr2006… 1520h
05/24/06…2374eba
2006 SESSION
03/04
SENATE BILL 251
COMMITTEE: Environment and Wildlife
This bill clarifies the enforcement powers and jurisdiction of the division of safety services. This bill also corrects references relating to equipment requirements for vessels operating on tidal waters.
This bill is a request of the department of safety.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
05Apr2006… 1520h
05/24/06…2374eba
06-2560
03/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Six
AN ACT relative to the enforcement authority of the division of safety services.
Be it Enacted by the Senate and House of Representatives in General Court convened:
315:1 Navigation; Enforcement Powers. RSA 270:12-a, I is repealed and reenacted to read as follows:
I. The director of the division of safety services and his or her duly authorized representatives shall have all the powers of a peace officer in all counties in the state in the enforcement of:
(a) The provisions of this chapter and the rules adopted hereunder;
(b) The provisions of RSA 270:48-a, relative to the operation of boats by a person under the influence of intoxicating liquor or a controlled drug or other unlawful operation of boats thereunder;
(c) The provisions of RSA 637:9, relative to unauthorized use of a motor boat or any boat or vessel propelled by sail or a paddle;
(d) All other crimes and offenses, excluding violations of title XVIII, occurring on the public bodies of inland or coastal waters of the state;
(e) Any crime or offense, excluding a violation of title XVIII or a violation of title XXI not involving a boat or watercraft, that occurs on an island or on the mainland contiguous to inland or coastal bodies of water in the absence of any law enforcement agency with jurisdiction immediately available when immediate action is required; and
(f) Any crime or offense when requested to render assistance to another peace officer having jurisdiction in the area.
315:2 Enforcement Powers; Jurisdiction; Equipment. Amend RSA 270:12-a, IV-V to read as follows:
IV. Notwithstanding any other law to the contrary, the jurisdiction of marine patrol officers shall extend to any body of water, whether natural or [man-made] human-made, within the state’s jurisdiction, including the Atlantic Ocean, streams, rivers, and lakes or ponds having an area of at least 10 acres within the borders of the state.
V. All vessels and their registered tender operating on New Hampshire’s tidal waters shall comply with United States Coast Guard equipment requirements in 33 C.F.R. [section] part 175 and [44] 46 C.F.R. [section] part 25, exclusively.
315:3 Navigation; Enforcement Powers. RSA 270:12-a, I(b) is repealed and reenacted to read as follows:
(b) The provisions of RSA 265-A, relative to the operation or attempted operation of boats by a person under the influence of intoxicating liquor or a controlled drug or other unlawful operation of boats thereunder;
315:4 Contingency. If HB 298 of the 2006 legislative session is enacted into law, section 3 of this act shall take effect on January 1, 2007 and section 26 of HB 298 shall not take effect. If HB 298 of the 2006 legislative session does not become law, section 3 of this act shall not take effect and section 26 of HB 298 shall take effect January 1, 2007.
315:5 Effective Date.
I. Section 3 of this act shall take effect as provided in section 4 of this act.
II. The remainder of this act shall take effect July 1, 2006.
Approved: June 19, 2006
Effective: I. Section 3 shall take effect as provided in section 4
II. Remainder shall take effect July 1, 2006