HB224 (2009) Detail

Relative to safety provisions for swimming in lakes.


HB 224 – AS AMENDED BY THE HOUSE

26Mar2009… 0509h

2009 SESSION

09-0135

09/01

HOUSE BILL 224

AN ACT relative to safety provisions for swimming in lakes.

SPONSORS: Rep. Gottling, Sull 3; Rep. P. McMahon, Merr 3; Rep. Kidder, Merr 1

COMMITTEE: Transportation

ANALYSIS

This bill establishes safety provisions for swimming in lakes.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

26Mar2009… 0509h

09-0135

09/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Nine

AN ACT relative to safety provisions for swimming in lakes.

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

1 Subdivision Heading. Amend the subdivision heading preceding RSA 270:31 to read as follows:

Scuba Diving [and], Snorkeling, and Swimming

2 New Section; Identification of the Presence of Swimmers. Amend RSA 270 by inserting after section 31 the following new section:

270:31-a Identification of the Presence of Swimmers. Any person who swims in an area of Newfound Lake, Ossipee Lake, Squam Lake, Lake Sunapee, Lake Winnipesaukee, or Lake Winnisquam which is not within the boundaries of a swim line or is more than 150 feet from the shore shall be accompanied by a watercraft displaying a swimmers’ flag which clearly identifies the presence of the person swimming or shall wear apparel, such as a head cap, that is easily visible above the waterline to indicate the presence of the person swimming. The commissioner of safety shall adopt rules, pursuant to RSA 541-A, relative to the design and color of swimmers’ flags and the requirements for display of such flags and colors for swimmers’ apparel.

3 Penalty. RSA 270:32 is repealed and reenacted to read as follows:

270:32 Penalty.

I. Any person violating the provisions of RSA 270:31 or RSA 270:31-a shall be guilty of a violation for each offense.

II. The director of safety services may prohibit further scuba activity or swimming, in addition to the penalty prescribed in paragraph I, until the provisions of RSA 270:31 or RSA 270:31-a have been complied with.

4 Watercraft; Penalties. Amend RSA 270:32-a to read as follows:

270:32-a Any Type of Watercraft. An operator of any unofficial or unauthorized watercraft of any type approaching within 150 feet of a diver's flag being displayed in accordance with RSA 270:31 or a swimmer’s flag being displayed in accordance with RSA 270:31-a, shall be subject to the penalties provided in RSA 270:32, I and II. Official watercraft shall use precaution when official business requires them to be within the above-cited range.

5 Effective Date. This act shall take effect 60 days after its passage.