HB 205-FN-A – AS AMENDED BY THE HOUSE

04Mar2009… 0265h

2009 SESSION

09-0440

03/01

HOUSE BILL 205-FN-A

AN ACT relative to certain boating fees.

SPONSORS: Rep. Drisko, Hills 5

COMMITTEE: Resources, Recreation and Development

ANALYSIS

This bill increases boating registration and license fees.

This bill is a request of the department of safety.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

04Mar2009… 0265h

09-0440

03/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Nine

AN ACT relative to certain boating fees.

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

1 Registration Fees. Amend RSA 270-E:5, I to read as follows:

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

(a) Up to and including 16 feet [$12] $25

(b) 16.1 feet to 21 feet [$17] $35

(c) 21.1 feet to 30 feet [$26] $50

(d) 30.1 feet to 45 feet [$36] $70

(e) 45.1 feet and over [$46] $95

2 Lake Restoration and Preservation Fee. Amend RSA 270-E:5, II(a) to read as follows:

(a) [$5] $7.50 for each registration specified in paragraph I. The fees collected under this subparagraph shall be paid into the lake restoration and preservation fund established under RSA 487:25.

3 Agent Fee. Amend RSA 270-E:5, II(c) to read as follows:

(c) [$1.50] $5 for each registration 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 registration.

4 Transfer Fee. Amend RSA 270-E:10 to read as follows:

270-E:10 Notice of Transfer; Destruction or Abandonment. The owner shall furnish the department written notice of the transfer of all or any part of his or her interest, other than the creation of a security interest, in a vessel registered in this state pursuant to this chapter or the destruction or abandonment of such vessel within 15 days of its transfer, destruction, or abandonment. Such transfer, destruction, or abandonment shall terminate the certificate of numbers for such vessel, except that in the case of a transfer of a part interest which does not affect the owner’s rights to operate such vessel, the transfer shall not terminate the certificate of numbers. If a vessel is transferred, the original number shall be retained by the new owner. A person who transfers the ownership of a vessel, upon filing a new application, may have another boat registered in his or her name for the remainder of the period for which the vessel is registered for [$3] $5.

5 Commercial Vessels; Penalty and License Fees. Amend RSA 270-E:22 and RSA 270-E:23 to read as follows:

270-E:22 Commercial Vessels; Penalty.

I. Any person who shall use any commercial vessel or commercial outboard motor on any public waters in this state without a certificate of inspection, or shall act as captain, master, pilot, engineer or operator on any such boat or launch without having passed an examination administered by the department and having been [examined and] certified by the department in that capacity, or shall so act when his or her certificate has been revoked or suspended, or who shall violate any rule adopted by the department with reference to the inspection, equipment, or operation of such vessels or launches, shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person.

II. The commissioner, after hearing, may revoke or suspend the certificate of any captain, master, pilot, or engineer of any commercial vessel for violation of RSA 270 or the rules and regulations prescribed thereunder.

III. All licenses to operate a commercial vessel shall expire [the second December 31 following] 5 years from the date of issuance.

IV. A person who possesses a valid license issued by the federal government shall be deemed to comply with this section.

270-E:23 License Fees. There shall be paid to the commissioner for every [general] certificate of captain, master, pilot, or engineer, [$4] $15[; and for every limited certificate of captain, master, pilot, or engineer, $2]. A [general] certificate shall entitle the holder thereof to act in the capacity named on any vessel of the class described in the certificate[; a limited certificate shall entitle the holder to act in such capacity only on a particular vessel named in the certificate]. Only one certificate shall be required to entitle the holder thereof to act in any or all of the above capacities on any motorized vessel permitted to carry a maximum of 25 persons. If a person fails the examination required by RSA 270-E:22, I, the person may retake the examination for a fee of $10 paid to the commissioner. The fees paid for re-examinations and for certificates issued under this section shall be deposited in the navigation safety fund established under RSA 270-E:6-a.

6 Addition to Boat Fee. Amend RSA 487:25, I to read as follows:

I. The fee of [$5] $7.50 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] $3 of the fee for the control of exotic aquatic weeds, and [$3] $4 of the fee for the milfoil and other exotic aquatic plants prevention program. The department shall deposit the [$3] $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.

7 Registration Fees. RSA 270-E:5, I is repealed and reenacted to read as follows:

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

(a) Up to and including 16 feet $12

(b) 16.1 feet to 21 feet $17

(c) 21.1 feet to 30 feet $26

(d) 30.1 feet to 45 feet $36

(e) 45.1 feet and over $46

8 Effective Date.

I. Section 7 of this act shall take effect July 1, 2015.

II. The remainder of this act shall take effect 60 days after its passage.

LBAO

09-0440

Amended 03/27/09

HB 205 FISCAL NOTE

AN ACT relative to certain boating fees.

FISCAL IMPACT:

METHODOLOGY: