HB 815-FN-A – AS AMENDED BY THE HOUSE
07Mar2007… 0353h
2007 SESSION
03/01
HOUSE BILL 815-FN-A
AN ACT requiring the display of boater education decals on vessels registered in other states.
SPONSORS: Rep. C. Christensen, Hills 19; Rep. D. Russell, Belk 6; Rep. Millham, Belk 5; Rep. Abbott, Rock 12; Rep. Moody, Rock 12; Sen. Odell, Dist 8; Sen. Hassan, Dist 23; Sen. Fuller Clark, Dist 24
COMMITTEE: Resources, Recreation and Development
This bill requires the display of boater education decals on vessels registered in other states.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
07Mar2007… 0353h
07-0778
03/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Seven
AN ACT requiring the display of boater education decals on vessels registered in other states.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Application of Receipts. Amend RSA 6:12, I(b)(42) to read as follows:
(42) Moneys received under RSA 233-A:13, [and] RSA 270-E: 5, II(d), and RSA 270-E:9-a, III(d) which shall be credited to the statewide public boat access fund established in RSA 233-A:13.
2 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 $4.50 boater education decal collected pursuant to RSA 270-E:9-a, III(d), 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.
3 New Section; Boater Education Decal. Amend RSA 270-E by inserting after section 9 the following new section:
270-E:9-a Boater Education Decal.
I. [Except for vessels owned or operated by the state, every vessel registered in this state and] Every vessel registered in another state or country temporarily using the waters of this state for not more than 30 consecutive days shall display a boater education decal on each side of the forward half of the vessel above the waterline approximately 3 inches behind the registration decal. Any person violating this paragraph shall be guilty of a violation. All fines assessed under this paragraph shall be deposited into the navigation safety fund established under RSA 270-E:6-a.
II. The department shall issue a boater education decal [free of charge with every vessel registration or] upon payment of the fees established in paragraph III for any vessel registered in another state or country temporarily using the waters of this state for not more than 30 consecutive days. All boater education decals shall be accompanied by boater education materials provided by the department. All boater education decals shall expire on December 31 of the year in which they are issued. All boater education decals shall indicate the date of expiration and be the same color as the registration decal for that year.
III. The fees for each boater education decal issued for a vessel registered in another state or country temporarily using the waters of this state for not more than 30 consecutive days shall be as follows:
(a) $4.50 to be paid into the lake restoration and preservation fund established under RSA 487:25.
(b) $4.50 to be paid into the dam maintenance fund established in RSA 482:55.
(c) $2 for each decal processed by an authorized agent of the department who is not an employee of the department. The fees collected under this subparagraph shall be collected and retained by the authorized agent as compensation for processing the decal.
(d) $4.50 to be paid into the statewide public boat access fund established under RSA 233-A:13.
(e) $4.50 to be paid into the navigation safety fund established under RSA 270-E:6-a.
4 Lake Restoration and Preservation Fund. Amend RSA 487:25, I to read as follows:
I. The fee of $5 collected under the provisions of RSA 270-E:5, II(a) 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, $1.50 of the fee for the control of exotic aquatic weeds, and $3 of the fee for the milfoil and other exotic aquatic plants prevention program. The department shall deposit the $3 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. Fees collected under RSA 270-E:9-a, III(a) may be used for any of the purposes enumerated in this paragraph. The special fund shall be nonlapsing. All funds received under this section are continually appropriated to the department for the purposes of this subdivision.
5 Application of Receipts. Amend RSA 6:12, I(b)(42) to read as follows:
(42) Moneys received under RSA 233-A:13[,] and RSA 270-E: 5, II(d)[, and RSA 270-E:9-a, III(d)] which shall be credited to the statewide public boat access fund established in RSA 233-A:13.
6 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 $2 boater education decal collected pursuant to RSA 270-E:9-a, III(d),] 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.
7 Lake Restoration and Preservation Fund. Amend RSA 487:25, I to read as follows:
I. The fee of $5 collected under the provisions of RSA 270-E:5, II(a) 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, $1.50 of the fee for the control of exotic aquatic weeds, and $3 of the fee for the milfoil and other exotic aquatic plants prevention program. The department shall deposit the $3 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. [Fees collected under RSA 270-E:9-a, III(a) may be used for any of the purposes enumerated in this paragraph.] The special fund shall be nonlapsing. All funds received under this section are continually appropriated to the department for the purposes of this subdivision.
8 Repeal. RSA 270-E:9-a, relative to boater education decals, is repealed.
9 Effective Date.
I. Sections 5-8 of this act shall take effect January 1, 2013.
II. The remainder of this act shall take effect January 1, 2008.
LBAO
07-0778
Amended 03/21/07
HB 815 FISCAL NOTE
AN ACT requiring the display of boater education decals on vessels registered in other states.
FISCAL IMPACT:
The Department of Safety, Department of Environmental Services and Fish and Game Department state this bill, as amended by the House (Amendment #2007-0353h), will increase state restricted revenue and expenditures by an indeterminable amount in FY 2008 and each fiscal year thereafter. There will be no fiscal impact on county and local revenue and expenditures.
METHODOLOGY:
The Department of Safety states this bill establishes a boater education decal to be displayed on out of state boats in state waters. This bill requires the Department to issue a decal for vessels registered in another state or country temporarily using the waters of the state for not more than 30 consecutive days upon payment of fees established in this bill, including $4.50 to be paid into the lake restoration and preservation fund, $4.50 to be paid into the dam maintenance fund, $4.50 to be paid into the statewide public boat access fund, and $4.50 to be paid into the navigation safety fund. Out-of-state boaters may also obtain a decal from an authorized agent for an additional $2 fee to be kept by the agent. Any person not displaying the decal shall be guilty of a violation, with fines deposited into the navigation safety fund. The Department states it cannot estimate the increase in state restricted revenue resulting from this bill because it cannot predict how many decals will be issued to out-of-state boaters, or the number of fines assessed for violations. The Department further states it cannot estimate the increase in state restricted expenditures for purchasing the decals because it cannot predict the total number of decals to be issued. The Office of Legislative Budget Assistant states the Department, in its agency budget request for FY 2008 / FY 2009, estimated it will register 104,140 boats in FY 2008 and 104,820 boats in FY 2009.
The Department of Environmental Services states this bill establishes a $4.50 fee to be paid into the lake restoration and preservation fund and a $4.50 fee to be paid into the dam maintenance fund, both of which are administered by the Department. The Department states Lake Hosts at public boat access points throughout the state complete a questionnaire for each boat that enters public waters, which includes whether the boat has an out-of-state registration. Based on data from Lake Host questionnaires, the Department estimates 30,000 power boats with out-of-state registrations use New Hampshire waters each year. Accordingly, the Department estimates this bill will increase state restricted revenue to the lake restoration and preservation fund by $135,000 (30,000 boats x $4.50 fee) in FY 2008 and each fiscal year thereafter, and will increase state restricted revenue to the dam maintenance fund by $135,000 (30,000 boats x $4.50 fee) in FY 2008 and each fiscal year thereafter.
The Fish and Game Department states this bill establishes a boater education decal. For each boater education decal purchased by out of state boaters, there is a $4.50 fee that will be deposited into the Statewide Public Boat Access Fund. The Department does not have any information on the number of out of state boats that use state waters, but states based on the figure of 30,000 boats used by the Department of Environmental Services, revenue to the Statewide Public Boat Access Fund would be $135,000 (30,000 boats x $4.50 fee).