SB 0101

AN ACT relative to mooring permits and fees.

SPONSORS: Sen. Johnson, Dist 3; Sen. Eaton, Dist 10; Rep. Quimby, Carr 10; Rep. Patten, Carr 9; Rep. J. Bradley, Carr 8; Rep. Dickinson, Carr 2

This bill allows groups of 25 or more residents or property owners of a town or towns in which a particular body of water is located to petition the commissioner of safety to require mooring permits on the body of water, after which the commissioner shall hold a public hearing on the petition. The bill also gives the commissioner of safety authority to adopt rules establishing procedures for the public hearing process and increases the annual mooring fee. Massabesic Lake is exempted from the provisions in this bill.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

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

1 New Section; Mooring of Boats on Public Waters; Petitions to Require Permits; Hearings. Amend RSA 270 by inserting after section 61 the following new section:

I. The commissioner of safety shall adopt rules pursuant to RSA 541-A establishing procedures for the public hearing process contained in this section. For purposes of adopting the initial set of rules required by this section the commissioner shall be authorized to adopt emergency rules as provided in RSA 541-A:18.

II. Any group of 25 or more residents or property owners of a town or towns in which a particular body of water is located may petition the commissioner safety to require mooring permits on the body of water pursuant to provisions of this subdivision and rules adopted thereunder.

III. The commissioner of safety shall hold a public hearing to determine whether to grant a petition submitted pursuant to paragraph II. In determining whether to grant the petition, the commissioner shall take into consideration the following factors:

(f) The necessity of ensuring access to and use of the body of water for all individuals and the right of those individuals to appropriate use of the public waters.

(g) Whether a determination is necessary to ensure the safety of persons and property.

IV. The commissioner of safety shall schedule the public hearing at a date and time which provides interested individuals with sufficient notice and an opportunity to be heard, and at a location at or near the body of water under consideration. If mooring permits are required on a body of water as a result of a hearing pursuant to this paragraph, the effective date of such requirement shall be no sooner than October 1 of the year in which the order is issued.

V. Any person aggrieved by a decision of the commissioner of safety pursuant to this section may appeal to the commissioner for a review of the record and may appeal from such decision pursuant to RSA 541.

VI. Any mooring requirement on a body of water imposed pursuant to this section shall have the full force and effect of law.

VII. The commissioner of safety shall post any body of water on which mooring permits are required pursuant to this section.

2 Mooring of Boats on Public Waters; Annual Mooring Fee. RSA 270:62, V is repealed and reenacted to read as follows:

V. An annual mooring fee of $50 shall be charged for each decal issued pursuant to this subdivision. Fees collected under this paragraph shall be deposited in the navigation safety fund established under RSA 270-E:6-a.

The Department of Safety has indicated this bill, as amended by the Senate, will have an indeterminable impact on state restricted revenues and expenditures. There will be no impact on county and local revenues or expenditures

The Department states that it cannot determine the number of additional mooring permits that would be issued as a result of this bill. In FY 2000, $118,725 was generated from mooring permits issued at $25 each. Assuming the same number of moorings, increasing the mooring fee from $25 to $50 would result in additional revenues to the Navigation Safety Fund of approximately $118,725. A significant increase in the number of permits would require an additional clerk and result in increased expenditures from this fund.