HB116 (2011) Detail

Relative to the rulemaking requirement for establishing operating restrictions on certain bodies of water.


CHAPTER 8

HB 116 – FINAL VERSION

2011 SESSION

11-0511

03/09

HOUSE BILL 116

AN ACT relative to the rulemaking requirement for establishing operating restrictions on certain bodies of water.

SPONSORS: Rep. B. Patten, Carr 4; Rep. Knox, Carr 4

COMMITTEE: Transportation

ANALYSIS

This bill exempts the requirement that rules establishing operating restrictions on certain bodies of water be adopted under RSA 541-A.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

11-0511

03/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eleven

AN ACT relative to the rulemaking requirement for establishing operating restrictions on certain bodies of water.

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

8:1 Navigation; Operating Restrictions; Rules. Amend RSA 270:12, I to read as follows:

I. The commissioner of safety shall, after receiving a petition signed by 25 or more residents or property owners of each affected town or towns in which a lake, pond or river is located and after notice and hearing, at which it appears that the public interest requires, adopt rules [under RSA 541-A] governing the maximum horsepower of boat engines and outboard motors or prescribe maximum speed limits for the operation of such boats or outboard motors applicable to or upon all or any portion of the public waters of this state. The commissioner of safety shall, in like manner and after notice and hearing, prohibit the use of motorboats and outboard motors on bodies of public water having an area of 35 acres or less; provided, that said prohibition shall not be construed as affecting the bodies of water covered by RSA [270:75-109] 270:75 through 270:132. Hearings under this section shall be held in the vicinity of the body of water under consideration during the months of June, July, August, and September following the date of the petition.

8:2 New Subparagraph; Administrative Procedure Act; Exceptions. Amend RSA 541-A:21, I by inserting after subparagraph (cc) the following new subparagraph:

(dd) RSA 270:12, relative to boat operating restrictions.

8:3 Repeal. RSA 21-P:14, II(j), relative to rulemaking authorized by RSA 270:12, is repealed.

8:4 Effective Date. This act shall take effect 60 days after its passage.

Approved: April 25, 2011

Effective Date: June 24, 2011