CHPATER 316
SB 379 – FINAL VERSION
03/20/08 0963s
16Apr2008… 1272h
2008 SESSION
03/05
SENATE BILL 379
AN ACT relative to boating while intoxicated and transporting alcoholic beverages by a minor.
SPONSORS: Sen. Letourneau, Dist 19; Sen. Clegg, Dist 14; Sen. Barnes, Dist 17; Rep. Packard, Rock 3; Rep. Waterhouse, Rock 4
This bill clarifies certain laws relating to boating while intoxicated, provides that a boater who refuses to submit to a blood alcohol test shall lose his or her boating privileges in addition to losing his or her driving privileges, and extends the prohibition on minors transporting alcoholic beverages to boats.
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03/20/08 0963s
16Apr2008… 1272h
08-2657
03/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eight
AN ACT relative to boating while intoxicated and transporting alcoholic beverages by a minor.
Be it Enacted by the Senate and House of Representatives in General Court convened:
316:1 New Paragraph; Alcohol or Drug Impairment; Definitions; Operate. Amend RSA 265-A:1 by inserting after paragraph IV the following new paragraph:
V. “Operate,” when used in relation to a boat, means to drive, paddle, row, or exercise control over any boat unless the boat is at anchor, docked, made fast, or moored.
316:2 Refusal of Consent; Boating. Amend RSA 265-A:14, IV to read as follows:
IV. The provisions and penalties of this section, relative to the refusal of consent, shall apply to any person under arrest for any violation or misdemeanor involving the operation of a boat[, after a hearing] and upon satisfactory proof of the following:
(a) That the authorized agent or peace officer had reasonable grounds to believe the arrested person had been operating, had been attempting to operate, or was in actual physical control of a boat upon the public waters of this state while under the influence of intoxicating liquor or controlled drugs or any combination thereof;
(b) That the person has been arrested;
(c) That the person refused to submit to the test upon request of the authorized agent or peace officer;
(d) That the agent or officer informed the person arrested that his or her refusal to submit to such a test would [constitute a violation] result in the loss of his or her privilege to operate a boat on the waters of the state and the loss of his or her privilege to operate a motor vehicle on the ways of this state; and
(e) That the agent or officer informed the arrested person of his or her right to have a similar test or tests conducted by a person of his or her own choosing.
V. If a person’s license or privilege to drive is suspended under paragraph IV, the person’s privilege to operate a boat on the waters of the state shall also be suspended for the same period of time.
316:3 Loss of Motorboat Privileges; Reference Changed. Amend RSA 265-A:20 to read as follows:
265-A:20 Loss of Motorboat Privileges. Any person who is convicted of a violation of RSA 265-A:2, [II] I involving a motor vehicle shall lose the privilege to operate a motorboat on the waters of this state for a period of one year from the date of conviction.
316:4 Transportation of Alcoholic Beverages by a Minor. Amend RSA 265-A:45 to read as follows:
265-A:45 Transportation of Alcoholic Beverages by a Minor.
I. Notwithstanding RSA 265-A:44, II, no driver under the age of 21 shall, except when accompanied by a parent, legal guardian, or legal age spouse, transport any liquor or beverage in any part of a vehicle. A driver violating this section may have his or her license or privilege to drive suspended for 60 days.
II. No person operating a boat while under the age of 21 shall, except when accompanied by a parent, legal guardian, or legal age spouse, transport any liquor or beverage in any part of a boat with an intent to consume such liquor or beverage. Anyone violating this paragraph may, following a hearing, have his or her privilege to operate a boat on the waters of the state suspended for 90 days and may additionally have his or her license or privilege to drive suspended for 90 days.
III. The words “liquor” and “beverage” as used in this section shall have the same meanings as defined in RSA 175:1. “Legal age spouse” means a person 21 years of age or older.
[II] IV. This section shall not apply to a driver under 21 years of age employed under RSA 179:23.
316:5 Repeal. RSA 265-A:19, V, relative to fines for boating while intoxicated, is repealed.
316:6 Effective Date. This act shall take effect upon its passage.
Approved: July 2, 2008
Effective Date: July 2, 2008