20feb03... 0264h

05/08/03 1324s

2003 SESSION

03-1043

09/01

HOUSE BILL 560

COMMITTEE: Public Works and Highways

AMENDED ANALYSIS

This bill establishes implied consent to alcohol concentration testing and penalties for persons who operate or attempt to operate aircraft while under the influence of alcohol or controlled drugs. The bill also makes a technical correction to the prohibitions provision of the New Hampshire Aeronautics Act.

The bill also exempts public aircraft from registration fees and imposes a fee for a certified copy of an aircraft certificate of registration or registration decal.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

20feb03... 0264h

05/08/03 1324s

03-1043

09/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Three

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

146:1 Prohibitions. Amend RSA 422:28, XII to read as follows:

XII. For any person to enter the grounds of an airport posted against such entry in accordance with RSA [635:4] 635 without the express consent of the airport manager.

146:2 New Section; Implied Consent of Operator of Aircraft to Submit to Testing to Determine Alcohol Concentration. Amend RSA 422 by inserting after section 28 the following new section:

422:28-a Implied Consent of Operator of Aircraft to Submit to Testing to Determine Alcohol Concentration. Any person who operates or attempts to operate an aircraft on the ground, on the public waters, or in the air in this state shall be deemed to have given consent to physical tests and examinations for the purpose of determining whether the person is under the influence of intoxicating liquor or controlled drugs, and to a chemical, infrared molecular absorption or gas chromatograph test or tests of any or all of any combination of the following: blood, urine, or breath for the purpose of determining the controlled drug content of the person's blood or alcohol concentration if arrested for any offense arising out of acts alleged to have been committed while the person was operating, attempting to operate, or in actual physical control of an aircraft while under the influence of intoxicating liquor or controlled drugs or while having an alcohol concentration of 0.04 or more. The test or tests shall be administrated at the direction of a peace officer having reasonable grounds to believe the person to have been operating, attempting to operate, or in actual physical control of an aircraft in this state while under the influence of intoxicating liquor or controlled drugs or while having an alcohol concentration of 0.04 or more. A copy of the report of any such test shall be furnished by the law enforcement agency to the person tested within 48 hours of receipt of the report by the agency by certified mail directed to the address shown on identification furnished by the person. Results of a test of the breath shall be furnished immediately in writing to the person tested by the law enforcement officer conducting the test.

146:3 Penalties. Amend RSA 422:29, VI to read as follows:

VI. Any person who operates or attempts to operate an aircraft while under the influence of intoxicating liquor or of any controlled drug as prohibited by this chapter or 14 C.F.R. [section 91.11] Part 91 as amended shall be guilty of a class B felony and be subject to the same penalties as a person convicted of a violation of RSA 265:82 as specified in RSA 265:82-b, I(c). Any conviction under this section shall be reported to the department of safety, division of motor vehicles and shall become a part of the motor vehicle driving record of the person convicted.

146:4 Aviation Users Advisory Board, Membership. Amend the introductory paragraph of RSA 21-L:8, I to read as follows:

I. There shall be an aviation users advisory board consisting of 7 members. All members, except the members set forth in subparagraphs (c), (d), and (g), shall hold a valid pilot's certificate at the time of appointment. The members shall be appointed by the governor, with the consent of the council, and shall include the following:

146:5 New Paragraphs; Fee for Certified Copies and Replacement of Lost Decal. Refund of Overpayments. Amend RSA 422:31 by inserting after paragraph VII the following new paragraphs:

VIII. The division may issue a certified copy of any certificate of registration or registration decal which may have been lost or mutilated, upon the written request of the person entitled to the certified copy and the payment of a fee of $10.

IX. If any person tenders a payment to the division in excess of the sum lawfully due, and the overpayment is less than $5, the department may, in its discretion, disregard the overpayment if the cost to the state to refund the overpayment would exceed the amount involved.

146:6 New Paragraph; Public Aircraft Exempted From Registration Fee. Amend RSA 422:32 by inserting after paragraph IV the following new paragraph:

V. A fee for the registration of public aircraft.

146:7 Effective Date.

I. Sections 2 and 3 of this act shall take effect 60 days after its passage.

II. The remainder of this act shall take effect upon its passage.

(Approved: June 17, 2003)

(Effective Date: I. Sections 2 and 3 shall take effect August 16, 2003.