Bill Text - HB625 (2019)

Relative to an aquatic invasive species decal for boats.


Revision: March 12, 2019, 3:04 p.m.

HB 625-FN - AS AMENDED BY THE HOUSE

 

28Feb2019... 0292h

2019 SESSION

19-0700

08/10

 

HOUSE BILL 625-FN

 

AN ACT relative to an aquatic invasive species decal for boats.

 

SPONSORS: Rep. Suzanne Smith, Graf. 8

 

COMMITTEE: Resources, Recreation and Development

 

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ANALYSIS

 

This bill creates an aquatic invasive species decal for powerboats registered in states other than New Hampshire.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

28Feb2019... 0292h 19-0700

08/10

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Nineteen

 

AN ACT relative to an aquatic invasive species decal for boats.

 

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

 

1  New Subdivision; Aquatic Invasive Species Decal.  Amend RSA 487 by inserting after section 42 the following new subdivision:

Aquatic Invasive Species Decal

487:43  Aquatic Invasive Species Decal.

I.  No person shall operate a powerboat registered in another state on New Hampshire public waters without displaying a New Hampshire aquatic invasive species decal from the department of environmental services.

II.  Boats operating on interstate waters shared with the state of Maine shall be exempt from the requirement in paragraph I if they are displaying the equivalent aquatic invasive species decal issued by that state.  The provisions of this paragraph shall not be valid unless the state of Maine enacts legislation that is substantially the same as the decal requirements in this section and gives reciprocal exemptions to a boat displaying the New Hampshire aquatic invasive species decal.

III.  A decal shall be purchased from the department for $20.  The revenue from each decal shall be distributed to the lake restoration and preservation fund established in RSA 487:25 in the same proportions as the addition to the boat fee under RSA 487:25, I.  

IV.  The New Hampshire aquatic invasive species decal shall:

(a)  Be displayed within 3 inches of a boat’s valid registration decal.

(b)  Expire on December 31 each year.

(c)  Change color each calendar year.  The color of the decal shall not conflict with the New Hampshire registration validation decal in any year.

(d)  Measure 3 inches by 3 inches.

V.  Failure to purchase or display the New Hampshire aquatic invasive species decal in accordance with this section shall be a violation.  For purposes of his section, the boat operator shall have 48 hours to demonstrate compliance with this section.  The boat operator may present proof of purchase with a valid transaction date as proof of compliance.

VI.  Any person who violates this section shall be guilty of a violation punishable by a fine of $50 for a first offense, $100 for a second offense, and $250 for any subsequent offense.  The authority to enforce these sections shall extend to all peace officers in the state of New Hampshire.  All fines collected under this paragraph shall be paid to department of safety for deposit into the navigation and safety fund established in RSA 270-E:6-a.

VII.  The commissioner may enter into contracts with individuals, public or private corporations, or institutions for assistance in developing, implementing, and issuing the aquatic invasive species decal.  The commissioner shall adopt rules under RSA 541-A relative to any matters necessary to implement the provisions of this subdivision.

2  Effective Date.  This act shall take effect July 1, 2019.

 

LBAO

19-0700

Amended 3/12/19

 

HB 625-FN- FISCAL NOTE

AS AMENDED BY THE HOUSE (AMENDMENT #2019-0292h)

 

AN ACT relative to an aquatic invasive species decal for boats.

 

FISCAL IMPACT:      [ X ] State              [    ] County               [ X ] Local              [    ] None

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2020

FY 2021

FY 2022

FY 2023

   Appropriation

$0

$0

$0

$0

   Revenue

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

   Expenditures

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Funding Source:

  [    ] General            [    ] Education            [    ] Highway           [ X ] Other - Lake Restoration Fund

 

 

 

 

 

METHODOLOGY:

This bill creates an aquatic invasive species decal for powerboats registered in states other than New Hampshire.  As amended, the bill provides and exemption for boats on interstate waters shared with the State of Maine if those boats display an equivalent decal issued by that state.  The amendment also specifies that fine revenue is to be deposited in the navigation and safety fund.

 

The Department of Environmental Services indicates this bill is modeled on a program in Maine.  The estimated number of out of state boaters in Maine is estimated to be 10,000.  The Department assumes New Hampshire would have similar numbers.  New Hampshire has not been tracking the number of out of state boaters so actual data does not exist.  The Department assumes it would enter into a no-cost contract with a company to set up an online system for the purchase of decals, tracking purchases and accepting payments,  and to coordinate the printing and distribution of the decals.  The system would be similar to the system used by the Department of Safety for boat registrations.  The stickers would cost $20 and the Department assumes there would be a transaction charge of $3.  The net of $17 per sticker would be deposited in the Lake Restoration Fund.  A small portion of the revenue would be use for the Department to administer the program and the vast majority of the funds would be granted to communities, lake associations, and other groups for the protection and restoration of their lakes.

 

AGENCIES CONTACTED:

Department of Environmental Services