CHAPTER 52
HB 449-FN - FINAL VERSION
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20may99.....1193h
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2000 SESSION
HOUSE BILL 449-FN
AN ACT requiring boating safety education.
SPONSORS: Rep. Whalley, Merr 5; Rep. E. Smith, Ches 6; Rep. Mercer, Hills 27; Rep. Letourneau, Rock 13; Sen. Fraser, Dist 4; Sen. Wheeler, Dist 21; Sen. Johnson, Dist 3; Sen. Hollingworth, Dist 23
COMMITTEE: Resources, Recreation and Development
This bill requires that persons born after a specified date possess a safe boater education certificate.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
14april99.....0579h
20may99.....1193h
2/3/00 3103s
3/9/00 3386s
23march00.....3970-EBA
99-0153
03/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand
AN ACT requiring boating safety education.
Be it Enacted by the Senate and House of Representatives in General Court convened:
52:1 Minimum Age for Operation. RSA 270:30 is repealed and reenacted to read as follows:
270:30 Minimum Age for Operation. No person 16 years of age or under shall operate a motorized vessel having power in excess of 15 horsepower on the public waters of this state unless the person has a valid safe boater education certificate; or is accompanied by a person 18 years of age or older who has a valid safe boater education certificate, and such person shall be liable for personal injury or property damage which may result from such operation. Whoever violates this section shall be guilty of a violation.
52:2 Boat Safety Course. The introductory paragraph of RSA 270:46-a, III is repealed and reenacted to read as follows:
III. In addition to any other penalty imposed, any person who is convicted of violating any of the following boating laws or rules of the division of safety services, and who has not already successfully completed an approved boating safety course shall complete a boat safety course, at that person's own expense, within 6 months of conviction. Any person who fails to complete the boat safety course within 6 months may be prevented from reregistering the boat:
52:3 New Subdivision; Boating Safety Education. Amend RSA 270-D by inserting after section 9 the following new subdivision:
270-D:10 Certificate Required.
I. No person born on or after the dates provided in this section shall operate a motorized vessel with any type of power motor in excess of 15 horsepower on the public waters of this state without first obtaining a certificate of boating safety education in accordance with this subdivision:
Date of Birth Certificate Required
January 1, 1983 January 1, 2002
January 1, 1977 January 1, 2003
January 1, 1973 January 1, 2004
January 1, 1967 January 1, 2005
January 1, 1963 January 1, 2006
January 1, 1957 January 1, 2007
All January 1, 2008
II. The commissioner may enter into contracts with individuals, public or private corporations or institutions for assistance in developing, assisting, and conducting safe boater education courses.
III. The commissioner shall establish minimum requirements for the qualification of safe boater education instructors. The minimum requirements shall include, but not be limited to, the following:
(a) The instructor shall be 18 years of age or older.
(b) The instructor shall have at least 2 years of recent boating experience.
(c) The instructor shall hold a certificate evidencing successful completion of a safe boater education course that meets or exceeds the requirements of this subdivision, a certificate from the United States Coast Guard, or a certificate from the United States Power Squadron.
IV. The commissioner may appoint one or more training specialists who shall assist in establishing safe boater education courses throughout the state, support and implement program guidelines and supervise instructors.
V. In establishing the safe boater education course of instruction and examination pursuant to this section, the commissioner may offer a correspondence course through electronic or other means that is consistent with the applicable standard of competency and safety established by this section.
270-D:11 Possession Required; Penalty.
I. Any person required to have a safe boater education certificate shall:
(a) Possess the certificate when operating a motorized vessel with any type of power motor in excess of 15 horsepower on the public waters of the state.
(b) Present the certificate upon the demand of a marine patrol officer.
II. No person charged with a violation of this section shall be convicted if, within a period of 48 hours, the person presents to the officer evidence that he or she held a valid safe boater education certificate which was in effect at the time of the violation.
III. Enforcement of this section shall be accomplished only as a secondary action when an operator of a motorized or registered vessel has been cited or charged with a violation or some other offense.
IV. Any person who violates this section shall be guilty of a violation punishable by a fine of $50 for a first offense and $250 for any subsequent offense.
270-D:12 Exemption. A person who is licensed by the state of New Hampshire or the United States Coast Guard to operate a commercial vessel shall be exempt from the requirements of this subdivision.
270-D:13 Issuance of Safe Boater Education Certificate.
I. The commissioner or designee shall issue a safe boater education certificate to a person who:
(a) Passes a safe boater education course approved by the commissioner in accordance with the criteria of the National Association of State Boating Law Administration. The course shall provide a minimum of 8 hours of instruction. The minimum passing grade for the course shall be 70 percent; or
(b) Passes a safe boater equivalency examination administered by persons approved to offer boating safety education courses. The minimum passing grade for the examination shall be 80 percent. A certificate issued to a person passing the equivalency examination shall specify that the certificate is issued as evidence of satisfactory completion of a safe boater examination and entitles the holder to operate a vessel on the public waters of New Hampshire.
II. Once issued, the certificate of safe boater education shall be valid for the lifetime of the person and may not be revoked by the department of safety or a court without cause and a hearing in accordance with RSA 541-A.
III. The commissioner, or designee, shall replace a lost or destroyed certificate upon written request of the person entitled thereto and payment of the prescribed fee, and such copy shall have the same form and effect as the original.
270-D:14 Temporary Certificate. The commissioner, or designee, shall issue a temporary certificate of safe boating education to a person who passes a temporary safe boater examination administered by the department or its agents and approved by the commissioner. The temporary certificate of safe boater education shall be valid for up to 14 days and shall entitle the holder only to operate a vessel on the public waters of New Hampshire. Any dealer or renter of boats or employee thereof, who has passed the boating safety education course as provided in RSA 270-D:13, I(a) and is approved by the commissioner, may administer the temporary safety examination and issue a temporary certificate.
270-D:15 Certificate Not Required. A person shall not be required to obtain a certificate of boating safety education if the person holds a certificate from any state indicating successful completion of boating safety education that meets or exceeds the requirements of this subdivision, a certificate from the United States Coast Guard Auxiliary, or a certificate from the United States Power Squadron.
270-D:16 Education Material. Upon request, the commissioner or agent authorized by the commissioner shall provide safe boater education materials to persons who plan to take the safe boater education course.
270-D:17 Course Fee. The department, or its agents, offering a safe boater education course or exam may charge a fee. The fee shall not exceed the costs incurred by the department, or its agents, in offering the course or exam and shall not exceed $50.
270-D:18 Insurance Discount. The insurance commissioner may adopt rules under RSA 541-A requiring admitted insurers to provide a reduction in premium rates for vessel liability insurance to qualified vessel operators who provide proof of successful completion of an approved safe boater education course.
270-D:19 Voluntary Attendance. Nothing in this section shall prohibit any person from attending a safe boater education course approved by the commissioner under this subdivision and obtaining a safe boater education certificate upon successful completion of the safe boater education course, prior to dates indicated on the phase-in schedule.
270-D:20 Rulemaking. The commissioner shall adopt rules, pursuant to RSA 541-A, relative to:
I. Approval of boating safety education courses.
II. Criteria for boating safety equivalency examinations.
III. The enforcement of provisions of this subdivision and the rules adopted pursuant to it.
52:4 Effective Date. This act shall take effect January 1, 2002.
(Approved: April 17, 2000)
(Effective Date: January 1, 2002)
LBAO
99-0153
1/6/99
HB 449-FN - FISCAL NOTE
AN ACT requiring boating safety education.
FISCAL IMPACT:
The Department of Safety indicates state general fund expenditures may increase by an indeterminable amount in FY 1999 and each year thereafter. There is no fiscal impact on county and local expenditures or state, county and local revenue.
METHODOLOGY:
The Department states that it currently offers, at no charge, a boat safety course twice each year. Additional cost to the Department may result from the printing of additional boat safety education materials and certificates as a result of increased demand. Although indeterminable, the Department estimates this cost could exceed $10,000 annually. The Department stated it intends to continue offering the boat safety course at no charge.