HB781 (2008) Detail

(New Title) relative to the duties of the department of safety and relative to emergency lights and warning lights.


CHAPTER 358

HB 781-FN – FINAL VERSION

02Jan2008… 2551h

19Mar2008… 0859h

05/01/08 1406s

04Jun2008… 1995cofc

04Jun2008… 2189eba

2008 SESSION

07-0504

05/10

HOUSE BILL 781-FN

AN ACT relative to the duties of the department of safety and relative to emergency lights and warning lights.

SPONSORS: Rep. J. Flanders, Rock 8

COMMITTEE: Transportation

AMENDED ANALYSIS

This bill:

I. Requires certain agency reports to be filed with the legislature in addition to the governor and council, and requires the department of safety to file its report annually rather than biennially.

II. Clarifies that the department of safety’s responsibilities include administration of motor vehicle road toll laws, homeland security and emergency management; enhanced 911 services, and firefighter training.

III. Repeals the hazardous materials transportation safety board and establishes the hazardous materials transportation advisory committee.

IV. Amends references to the department of administrative services in the statutes governing the enhanced 911 system, which is now within the department of safety.

V. Removes term limits for members of the motor vehicle industry board.

VI. Authorizes the department of safety to charge a penalty for late payment of the surcharge for the enhanced 911 system fund.

VII. Revises provisions regarding emergency lights and warning lights.

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

02Jan2008… 2551h

19Mar2008… 0859h

05/01/08 1406s

04Jun2008… 1995cofc

04Jun2008… 2189eba

07-0504

05/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eight

AN ACT relative to the duties of the department of safety and relative to emergency lights and warning lights.

Be it Enacted by the Senate and House of Representatives in General Court convened:

358:1 Issuance of Reports. Amend RSA 20:7 to read as follows:

20:7 Issuance of Reports. The following agency reports shall be issued annually: secretary of state, state treasurer, bank commissioner, insurance commissioner, division of personnel, commissioner of revenue administration, lottery commission, racing and charitable gaming commission, liquor commission, department of transportation, department of environmental services, department of safety, adult parole board, and the board of trustees of the state colleges and university. All other reports shall be issued biennially. All reports shall cover periods ending on June 30, and be submitted to the governor and council, the speaker of the house of representatives, and the senate president by October 1. Biennial reports shall cover periods ending in odd-numbered years.

358:2 New Subparagraphs; Functions of the Department of Safety. Amend RSA 21-P:2, II by inserting after subparagraph (e) the following new subparagraphs:

(f) Administration and enforcement of the motor vehicle road toll laws.

(g) Homeland security and emergency management.

(h) Statewide enhanced 911 and emergency telecommunications services.

(i) Operation of the fire academy and firefighter training programs.

358:3 Division of Safety Services Report and Budget. Amend RSA 21-P:10-b to read as follows:

21-P:10-b Division of Safety Services Report and Budget.

I. The department of safety shall submit [an annual report, beginning on July 1, 2002, to the speaker of the house, president of the senate, and the governor and council which shall include, but not be limited to,] as part of the annual report required under RSA 20:7, a report on the training and educational programs offered or contracted by the division of safety services, the revenue generated from safe boater education certificates, and the budget and revenue projections of the division.

II. In [addition to or in] conjunction with the operating budget of the department of safety, the department shall submit a budget for the biennium beginning July 1, 2003, and for each biennium thereafter, which shall include financial responsibility for and the costs of all training and educational programs offered or contracted by the division of safety services, the revenue generated from safe boater education certificates, and all revenues and expenditures of the navigation safety fund established in RSA 270-E:6-a.

358:4 Fire Standards and Training, Emergency Medical Services, and Fire Safety and Emergency Management Report and Budget. Amend RSA 21-P:12-e to read as follows:

21-P:12-e Fire Standards and Training, Emergency Medical Services, and Fire Safety [and Emergency Management] Report and Budget.

I. The department of safety shall submit [an annual report, by October 1 of each year, to the speaker of the house of representatives, president of the senate, and the governor and council which shall include, but not be limited to,] as part of the annual report required under RSA 20:7, a report on the training and educational programs offered or contracted by the division of fire standards and training and emergency medical services and the activities of the division of fire safety, the development of the technological advancements in division programs, the revenue generated from the sale of motor vehicle records, the budget and revenue projections of the 2 divisions, the degree of coordination with municipal fire and emergency medical services departments, and the extent of direct aid to municipalities and mutual aid associations.

II. In [addition to or in] conjunction with the operating budget of the department of safety, the department shall submit a budget for the biennium beginning July 1, 2003, and for each biennium thereafter, which shall include financial responsibility for and the costs of all programs offered or contracted by the division of fire standards and training and emergency medical services and the division of fire safety, the development of technological advancements in division programs, the revenue generated from the sale of motor vehicle records, the extent of direct aid to municipalities and mutual aid associations, and all revenues and expenditures of the dedicated fund established in RSA 21-P:12-d.

358:5 New Section; Hazardous Materials Transportation Advisory Committee. Amend RSA 21-P by inserting after section 24 the following new section:

21-P:24-a Hazardous Materials Transportation Advisory Committee.

I. There is hereby established a hazardous material transportation advisory committee, that shall serve in an advisory capacity to the commissioner of safety. The committee shall consist of the following members, and shall be chaired by the director of the bureau of homeland security and emergency management or designee:

(a) A designee of the state fire marshal.

(b) A designee of the commissioner of transportation.

(c) A designee of the department of environmental services.

(d) A designee of the department of safety, appointed by the commissioner of safety.

(e) A representative of the hazardous material carrier industries for highway, rail, air, or water modes of transportation, appointed by the governor.

(f) Two members of the senate, appointed by the president of the senate.

(g) Two members of the house of representatives, appointed by the speaker of the house of representatives.

(h) A local fire chief, nominated by the New Hampshire Association of Fire Chiefs and appointed by the commissioner of safety.

(i) A local police chief nominated by the New Hampshire Association of Police Chiefs and appointed by the commissioner of safety.

(j) One public member, nominated by the adjutant general and appointed by the commissioner of safety.

II. Members shall be appointed for renewable, 2-year terms or until their successors are duly appointed and qualified; except that the initial term for members appointed pursuant to subparagraphs I(a), (c), (e), (h), and (j) shall be for one year. The committee shall meet no less than once a year, at the call of the chair, and the chair may designate such subcommittees as he or she deems necessary to carry out the business of the committee.

III. The committee shall have the authority to:

(a) Review state and federal legislative proposals and regulations, problems with hazardous material transportation, emergency response team action plans, and training and instructional materials on the transportation of hazardous materials.

(b) Make recommendations regarding the efficacy of controls relative to the transportation of hazardous materials and the best means for applying such controls without duplication of responsibility or regulation.

(c) Make available upon request, through the bureau of homeland security and emergency management, current regulations and reference materials relative to hazardous materials, promote cooperative efforts at the state, county, local, and federal levels on safety regulations and compliance, and notify the advisory council on emergency preparedness and security of any regulations or ordinances that appear to be in conflict.

IV. The committee shall routinely report to the commissioner of safety any concerns regarding air, rail, water, and roadway transportation of hazardous materials, and any necessary legislative recommendations, which the commissioner shall forward to the governor, the speaker of the house of representatives, the senate president, and the minority leaders of each chamber.

358:6 Division of Emergency Services, Communications and Management; Report. Amend RSA 106-H:6, VI to read as follows:

VI. File [a written report on June 1 of each year to the speaker of the house, president of the senate, and the governor and council which shall include, but not be limited to,] as part of the annual report of the department of safety required under RSA 20:7, the status of development of operational standards and training programs, the development of the data base, revenue generated from telephone subscribers, budget and revenue projections, the degree of coordination with municipalities, the extent of public use of the service and the quality of service rendered.

358:7 New Paragraph; Division of Emergency Services, Communications and Management; Reporting Requirement Relative to Enhanced 911 System Fund. Amend RSA 106-H:6 by inserting after paragraph VI the following new paragraph:

VII. In conjunction with the operating budget of the department of safety, the department shall submit a budget for each biennium, which shall include financial responsibility for and the costs of all programs offered or contracted by the division of emergency services, communications and management, and all revenues and expenditures of the dedicated fund established in RSA 106-H:9.

358:8 Commissioner of the Department of Administrative Services; Reference to 911 Services Deleted. Amend RSA 21-I:13, VIII to read as follows:

VIII. Have the authority to temporarily assign and reassign the personnel of the department among the organizational units of the department. [Transfers involving enhanced 911 services shall require the concurrence of the bureau of emergency communications which administers enhanced 911 services.]

358:9 New Section; Enhanced 911 System; Penalty for Late Payment of Surcharge. Amend RSA 106-H by inserting after section 9 the following new section:

106-H:9-a Penalty for Late Payment of Surcharge. The commissioner is authorized to charge a penalty not to exceed $1,000, plus interest of 18 percent per year, on surcharge receipts that are more than 90 days in arrears, which penalty and interest shall be forwarded to the state treasurer for deposit in the enhanced 911 system fund.

358:10 Notification of Exposure to Infectious Disease; Reference Change. Amend RSA 141-G:1, IV to read as follows:

IV. “Emergency response/public safety worker” means firefighters; police officers; employees of any prison, jail, corrections institution, or other detention facility where persons are held pending arraignment, adjudication, or disposition of a criminal charge or in protective custody, as defined in RSA 172-B:1, XIII; emergency care providers licensed under RSA [151-B] 153-A; persons using wreckers as defined in RSA 259:126 for towing purposes; and other similar care providers, whether paid or volunteer.

358:11 New Hampshire Motor Vehicle Industry Board. Amend RSA 357-C:12, I(d)-(f) to read as follows:

(d) Appointments shall be for terms of 4 years[, and no person shall be eligible to serve more than 2 successive 4-year terms]. Vacancies shall be filled by appointment by the governor and council for the unexpired term. [Any person appointed to fill a vacancy may serve 2 additional successive terms.] The members shall be at-large members, and insofar as practical, should reflect fair and equitable statewide representation.

(e) [Terms of the initial board members shall be staggered with 2 members serving a term of 2 years, 2 members serving a term of 3 years, and 2 members serving a term of 4 years.

(f)] Appointed members of the board may be paid a $50 per diem for each day actually engaged in the performance of their duties and may be reimbursed their actual and necessary expenses incurred in carrying out their duties as may be authorized by the governor and council.

358:12 New Subdivision; Emergency Lights and Warning Lights. Amend RSA 266 by inserting after section 78 the following new subdivision:

Emergency Lights and Warning Lights

266:78-a Definitions.

I. In this section:

(a) “Emergency light” means a steady burning, oscillating, rotating, or flashing red or blue colored light.

(b) “Warning light” means a steady burning, oscillating, rotating, or flashing amber light or arrow board or white colored light.

II. Original equipment or aftermarket amber or white directional signals and red tail lamps and stop lamps used to signal turns and as hazard warning lamps shall be excluded from the definition of emergency lights and warning lights.

266:78-b Blue Lights Restricted to Law Enforcement.

I. No person other than a sworn law enforcement officer with power of arrest shall operate a vehicle equipped with blue colored lights, except in the case of a service technician driving the vehicle in connection with servicing or maintaining the vehicle.

II. Blue lights are authorized for vehicles owned or leased by state, county, municipal, or federal law enforcement agencies, fire marshal vehicles, and vehicles privately owned or leased by sworn law enforcement officers when authorized by their department heads. When blue colored lights are installed on a private vehicle owned by or leased to a law enforcement officer, such lights shall be covered when the vehicle is being driven by someone other than a law enforcement officer.

266:78-c Red Lights Restricted to Police, Fire, and Rescue Vehicles. No person other than those authorized in this section shall operate a vehicle equipped with red colored emergency lights. Red lights are authorized for the following vehicles:

I. Emergency response vehicles owned or leased by municipal, village district, or federal fire departments and forestry departments.

II. Vehicles privately owned or leased by full-time or volunteer firefighters employed by municipal, village district, or federal fire departments and forestry departments or forest fire wardens and deputy wardens when authorized by their department heads.

III. Licensed public or private ambulances and emergency medical response and rescue vehicles, and members of licensed ambulance and emergency medical response and rescue crews when authorized by their employers.

IV. Federal or state emergency management response vehicles, airport authority emergency response vehicles, and government vehicles used in response to reports of emergencies resulting from actual or potential releases, spills, or leaks of or other exposure to hazardous substances.

V. Hospital emergency personnel with a permit from the commissioner of safety issued under rules adopted pursuant to RSA 541-A, relative to the qualifications and conditions of such a permit and grounds for revoking it.

VI. Red lights as part of, but not in place of, the emergency warning systems of police vehicles.

266:78-d Additional Lights Approved for Police, Fire, and Rescue Vehicles. Police, fire, and emergency medical response vehicles, in addition to but not in place of the lights authorized by RSA 266:78-b and RSA 266:78-c, may be equipped with light bars containing one or more amber warning lights or amber arrow boards.

266:78-e Other Flashing Lamps Prohibited. Only authorized emergency vehicles may be equipped with a device that provides for alternate flashing of headlamps.

266:78-f Use of Lights by Law Enforcement. Law enforcement officers shall only illuminate emergency lights and warning lights when in pursuit or stopping a violator, when responding to but not returning from an emergency call for service, when conducting an escort, or when parked on or adjacent to the highway to warn other traffic of a hazard or obstruction. No person other than a sworn law enforcement officer shall drive a vehicle with a blue light or lights in operation.

266:78-g Use of Lights by Fire, Rescue, and Emergency Response Personnel. Police, fire, ambulance, and rescue vehicles, and other vehicles authorized under RSA 266:78-c shall only illuminate emergency lights and warning lights when responding to but not returning from an actual or reported emergency, transporting a patient to a hospital for emergency treatment, or when parked at the scene of an emergency for purposes of warning approaching traffic. Fire apparatus and ambulances may also illuminate emergency lights and warning lights while parking or backing the vehicle to access a garage housing the apparatus or when serving as a mobile command post to designate the location of the command post. No persons other than emergency response personnel shall drive a vehicle with red emergency lights in operation.

266:78-h Amber Warning Lights Authorized for Certain Vehicles. No person other than those authorized in this section or in RSA 266:78-c shall operate a vehicle equipped with amber colored warning lights. Amber warning lights are authorized for the following vehicles:

I. Vehicles owned by or leased to state, county, or municipal public works departments and used to maintain the highways including, but not limited to, pickup trucks, snow plows, graders, loaders, sand trucks, sweepers, and tar trucks.

II. Vehicles used by telephone, electrical, and cable utilities and tree services for maintenance of utility, sewer, and water lines.

III. United States Postal Service delivery vehicles.

IV. Wreckers and emergency highway service vehicles.

V. Vehicles escorting oversize loads.

VI. Privately owned vehicles used for snow removal on or adjacent to ways.

VII. Refuse collection vehicles and compacters.

VIII. Vehicles owned by or leased to contractors and construction companies and regularly used to provide warning of road obstructions or hazards at road or utility construction sites.

IX. Such other vehicles as may be authorized by the director.

266:78-i Use of Amber Lights. Vehicles authorized to use amber colored warning lights authorized by RSA 266:78-h may only illuminate the warning lights when their duties require them to be stopped or parked on or immediately adjacent to a way at a road, water, or sewer line construction or maintenance site in a manner that may impede or cause a hazard to traffic, when actively engaged in the delivery of United States mail, or when actively engaged in snow removal or ice treatment or when entering or leaving a way during plowing operations, or during repair or placement of official traffic control devices, pavement marking, or escorting an oversize load or slow moving vehicle, or in the case of wreckers and emergency road service vehicles when maneuvering through congested traffic to reach a disabled vehicle, providing roadside service, loading or unloading a vehicle, or when transporting a disabled vehicle.

266:78-j Wing Lights on Snowplows. Snowplows may use amber or white wing lights to illuminate the wings of the snowplow when the plow is in operation. A white or amber light mounted on or adjacent to a salt or sand spreader may be used when the spreader is in operation.

266:78-k School Buses. School buses shall be equipped with warning lights and stop signals only as provided in RSA 266:39.

266:78-l Private Security Vehicles. Vehicles owned by or leased to licensed public or private security services but not personally owned vehicles of security guards may be equipped with amber or green warning lights, which shall only be illuminated when patrolling a shopping center or mall parking lot or other private premises or if stopped in a hazardous location for the purposes of warning approaching traffic.

266:78-m Funeral Escort and Lead Vehicles. Funeral escort and lead vehicles may be equipped with purple warning lights only as provided in RSA 265:156.

266:78-n Parade Use. Vehicles operating in a parade or celebration may display emergency lights or warning lights.

266:78-o Emergency and Warning Lights; Duties of Official Inspection Stations.

I. Official inspection stations shall not issue an inspection sticker to a vehicle equipped with emergency lights or warning lights except as authorized in this subdivision. No permit shall be required for such lights if equipped in accordance with this subdivision.

II. Public safety and emergency medical personnel presenting their privately owned vehicles for inspection shall present to the person conducting the inspection an official departmental photo identification or an official identification card or badge from their department. A letter on official stationery from their employer signed by the head of the organization authorizing the lights shall be carried in the vehicle and displayed to any law enforcement officer upon request. Failure to display such authorization shall be prima facie evidence that the vehicle was equipped in violation of this subdivision.

III. The commissioner of safety, by rule adopted pursuant to RSA 541-A, may determine the location and method of use of emergency lights and warning lights.

266:78-p Revocation of Privilege. The use of emergency lights or warning lights on personally owned or leased vehicles of public safety personnel may be revoked at any time by their department heads or emergency response employers by notifying the person in writing with a copy to the director. The director, upon a finding after a hearing that any user of emergency lights or warning lights has violated this subdivision, may revoke the authority to equip a vehicle with emergency lights or warning lights.

266:78-q Penalties. Any person convicted of a violation of this subdivision shall, notwithstanding the provisions of title LXII, be guilty of a violation and fined not less than $250 nor more than $500 plus penalty assessment for a first offense and not less than $500 nor more than $1,000 plus penalty assessment for a second offense, and any person knowingly or purposely using blue lights to commit a crime punishable as a misdemeanor shall be guilty of a misdemeanor, and any person knowingly or purposely using blue lights to commit a crime punishable as a felony shall be guilty of a class B felony. The director or the court may suspend or revoke for a period of not less than 30 days the license or driving privilege of any person convicted of violating this subdivision.

358:13 Reference Change. Amend RSA 21-P:14, V(s) to read as follows:

(s) Issuance of permits for emergency lights for hospital emergency personnel pursuant to RSA [266:74-a] 266:78-c, V.

358:14 Reference Change. Amend RSA 265:6-a, II to read as follows:

II. The driver of a vehicle shall yield the right-of-way to any authorized vehicle obviously and actually engaged in work upon a highway whenever such vehicle displays emergency lights as authorized under RSA [266:74] 266:78-a through RSA 266:78-q.

358:15 Reference Change. Amend RSA 266:109, II(c) to read as follows:

(c) Such emergency lights shall comply with the provisions of RSA [266:74] 266:78-a through RSA 266:78-q and any rules adopted thereunder pursuant to RSA 541-A.

358:16 Repeal. The following are repealed:

I. RSA 21-I:13, XII, relative to clerical support by the department of administrative services for the enhanced 911 commission.

II. RSA 21-P:7-a, relative to the deputy director of state police.

III. RSA 21-P:12-f, relative to the division of information technology.

IV. RSA 106-H:6, II, relative to inclusion of the budget for the enhanced 911 system with the department of administrative services budget.

V. RSA 149-H, relative to the hazardous materials transportation advisory board.

VI. RSA 266:74, relative to emergency lights.

VII. RSA 266:74-a, relative to emergency lights for hospital emergency personnel.

358:17 Effective Date. This act shall take effect 60 days after its passage.

Approved: July 11, 2008

Effective Date: September 9, 2008