CHAPTER 298
HB 186 – FINAL VERSION
24Mar2009… 0385h
2009 SESSION
03/04
HOUSE BILL 186
AN ACT relative to rulemaking concerning rafts on public waters and prohibiting the rental of a motorized watercraft to a person who does not have a certificate of boating safety education.
SPONSORS: Rep. Patten, Carr 4; Rep. Stevens, Carr 4; Rep. Knox, Carr 4
This bill repeals a provision exempting swimming rafts from certain rulemaking authority of the commissioner of safety. This bill also prohibits the rental of a motorized watercraft to a person who does not have a certificate of boating safety education and limits the application of certain watercraft rental prohibitions to rental agents, as defined in the bill.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
24Mar2009… 0385h
09-0244
03/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nine
AN ACT relative to rulemaking concerning rafts on public waters and prohibiting the rental of a motorized watercraft to a person who does not have a certificate of boating safety education.
Be it Enacted by the Senate and House of Representatives in General Court convened:
298:1 Repeal. RSA 270:11, IV, relative to excluding stationary swimming rafts from the definition of “raft,” is repealed.
298:2 New Paragraph; Vessel Registration and Numbering; Definitions; Rental Agent. Amend RSA 270-E:2 by inserting after paragraph X the following new paragraph:
X-a. “Rental agent” means any person, as defined in RSA 270:2, II, accepting money or other valuable consideration for the temporary use of vessels, provided to members of the general public.
298:3 Rental Agents; Prohibitions. Amend RSA 270-E:25 to read as follows:
270-E:25 Prohibitions; Penalties.
I. No [person] rental agent shall:
(a) Rent or lease any motorized watercraft to any other person without having a rental agent safety certificate. This subparagraph shall not apply to the use of any motorized watercraft which is included in the rental or lease of real property.
(b) Rent or lease any motorized watercraft to any other person without complying with the requirements of RSA 270-D:2-c.
(c) Rent or lease any motorized watercraft to any person who has not provided proof to the rental agent of having met the requirements of RSA 270-D:10.
(d) Rent or lease any motorized watercraft that is unsafe to any other person.
II. Any person violating subparagraph I(a) shall be guilty of a violation for a first or second offense committed within the same calendar year and guilty of a misdemeanor for any subsequent offense committed within the same calendar year.
III. The commissioner may revoke the rental agent safety certificate upon finding that the certificate holder has violated subparagraph I(b), [or] I(c), or I(d).
298:4 Effective Date. This act shall take effect January 1, 2010.
Approved: July 31, 2009
Effective Date: January 1, 2010