Bill Text - HB640 (2020)

(New Title) establishing a public boat access donation program for operators of non-motorized boats and requiring the fish and game department to prepare a report relating to such program.


Revision: Jan. 16, 2019, 9:13 a.m.

HB 640-FN - AS INTRODUCED

 

 

2019 SESSION

P-19-0751

11/04

 

HOUSE BILL 640-FN

 

AN ACT establishing a registration fee for canoes and kayaks.

 

SPONSORS: Rep. Goley, Hills. 8

 

COMMITTEE: Fish and Game and Marine Resources

 

-----------------------------------------------------------------

 

ANALYSIS

 

This bill establishes an annual registration fee for canoes and kayaks.

 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

P-19-0751

11/04

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Nineteen

 

AN ACT establishing a registration fee for canoes and kayaks.

 

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

 

1  Boat Fee.  Amend RSA 72-A:2, II to read as follows:

II.  [Canoes, kayaks,] Rowboats, sailboats under 20 feet in length, and sailboards [and sailing canoes].

2  New Paragraph; Vessel Registration and Numbering; Definitions.  Amend RSA 270-E:2 by inserting after paragraph I the following new paragraph:

I-a.  "Canoe" means a narrow, lightweight boat with its sides meeting in a sharp edge at each end propelled with one or more paddles.  "Canoe" shall include a sailing canoe.  A "kayak" is a small, narrow watercraft which is propelled with a double-bladed paddle.

3  Vessel Registration and Numbering; Exemption from Registration.  Amend RSA 270-E:4, I to read as follows:

I.  Sailboats under 12 feet in length, rowboats [and canoes] powered by sail, oars, paddles, or other human power, or canoes or kayaks launched solely from private boat launches.  Any vessel which has an inboard or outboard motor shall not be exempt from registration except as provided in paragraph II.

4  Vessel Registration and Numbering; Registration Required.  Amend the introductory paragraph of RSA 270-E:5, I to read as follows:

I.  The registration fees for commercial, private, and pleasure vessels, including rentals and airboats, but excluding canoes and kayaks, shall be as follows:

5  New Section; Vessel Registration and Numbering; Registration Fees for Canoes and Kayaks.  Amend RSA 270-E:5 by inserting after section 5 the following new section:

270-E:5-a  Registration Fees for Canoes and Kayaks.  The annual registration fee for a canoe or kayak that launches from a public boat launch shall be $10.

6  Vessel Registration and Numbering; Disposition of Revenues.  Amend RSA 270-E:7 to read as follows:

270-E:7  Disposition of Revenues.

I.  Except as provided in [paragraph II] paragraphs II and III, all fines collected under this chapter and the amount of fees generated by RSA 270-E:5, I and III shall be deposited in the navigation safety fund established under RSA 270-E:6-a.

II.  All fees collected under RSA 270-E:5, I and III for vessels registered for tidal and coastal waters shall be made available to the Pease development authority, division of ports and harbors for the purposes of safety, navigation, training, and administration.  Such sums shall be nonlapsing and shall be continually appropriated to the Pease development authority, division of ports and harbors.

III.  From each registration required under RSA 270-E:5-a which is processed by an authorized agent of the department who is not an employee of the department, $3 shall be collected and retained by the authorized agent as compensation for processing the registration.  The remainder of the registration fee required under RSA 270-E:5-a, and all fines relating to the registration or operation of a canoe or kayak, shall be collected and disposed of as follows:

(a)  Fifty percent shall be credited to the statewide public boat access fund established in RSA 233-A:13; and

(b)  Fifty percent shall be credited to the lake restoration and preservation fund established in RSA 487:25.

7  Vessel Registration and Numbering; Exemptions from Displaying Numbers.  Amend RSA 270-E:9, I(h) to read as follows:

(h)  A sailboat under 20 feet in length[, or any vessel that is only powered by oars or paddles].  Any vessel which has an inboard or outboard motor shall not be exempt from displaying a number except as otherwise provided in this section.

8  Statewide Public Boat Access Fund.  Amend RSA 233-A:13 to read as follows:

233-A:13  Statewide Public Boat Access Fund Established.  There is hereby established a nonlapsing statewide public boat access fund.  The $5 boat registration surcharge collected pursuant to RSA 270-E:5, II(d), the additional fees collected pursuant to RSA 270-E:7, III for each canoe and kayak, and any other public access funds donated to the state shall be placed in this fund.  All funds received under this section are continually appropriated to the fish and game department for the purposes of the statewide public boat access program established under this chapter.

9  Lake Restoration and Preservation Fund.  Amend RSA 487:25, I to read as follows:

I.  The fee of $9.50 collected under the provisions of RSA 270-E:5, II(a), and the fees collected pursuant to RSA 270-E:7, III, shall be paid to the director of the division of motor vehicles.  The director of the division of motor vehicles shall pay over said fee to the state treasurer who shall keep the fee in a special fund to be expended by the department of environmental services.  The department shall use $.50 of the fee for lake restoration and preservation measures, exclusive of exotic aquatic weed control, $5 of the fee for the control of exotic aquatic weeds, and $4 of the fee for the milfoil and other exotic aquatic plants prevention program.  The department shall deposit the $4 into a special account within the lake restoration and preservation fund which shall be used to administer the milfoil and other exotic aquatic plants prevention program.  The special fund shall be nonlapsing.  All funds received under this section are continually appropriated to the department for the purposes of this subdivision.

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

 

LBAO

19-0751

1/3/19

 

HB 640-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT establishing a registration fee for boats and kayaks.

 

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 - Navigation Safety Fund, Statewide Public Boat Access Fund, & Lake Restoration & Preservation Fund

 

 

 

 

 

LOCAL:

 

 

 

 

   Revenue

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

   Expenditures

Indeterminable

Indeterminable

Indeterminable

Indeterminable

 

METHODOLOGY:

This bill establishes a $10 annual registration fee for canoes and kayaks launched from public boat launches. Of the $10 fee, authorized agents with the Department of Safety processing the registration may retain $3.  The remaining amounts and any related fines shall be deposited as follows: 50 percent credited to the statewide public boat access fund and 50 percent credited to the lake restoration and preservation fund.  Since no method exists to determine how many kayaks or canoes currently use New Hampshire public boat launches and would require registration under this bill, state and local revenues and expenditures will be impacted by an indeterminable amount.  

 

The Department of Safety estimates the following costs due to this legislation:

  • the Department’s information technology systems (MAAP & VISION) will need to be reprogrammed for an estimated costs of $106,750;
  • municipalities acting as authorized agents may incur a cost for modifying their registration systems;
  • registration decals would need to be procured which recently cost the Department an average of 32 cents a decal;
  • public notice expenses, such as, mailings of notices to marinas and canoe and kayak retailers and the use of newspaper advertisements; and
  • the hiring a of a Cash Terminal Operator (CTO) I to process the increase in registrations.

 

Estimated Cost Of CTO I Position

FY 2020

FY 2021

FY 2022

FY 2023

Salary & Benefits (Step 1)

$57,000

$60,000

$63,000

$66,000

Non-payroll expenses

$2,000

$0

$0

$0

Total

$59,000

$60,000

$63,000

$66,000

 

This bill does not include an appropriation for the additional costs, therefore the Department estimates the navigation safety fund will primarily fund the increased expenditures required to implement this bill.

 

This bill could also result in an increase in municipal staffing, if municipalities determined  increased registrations warranted an increase in staffing.

 

AGENCIES CONTACTED:

Department of Safety and Fish and Game Department