Bill Text: NH HB1158 | 2024 | Regular Session | Amended
Bill Title: Relative to establishing an exception to vessel registration, defining commercial passenger vessel, and regulating written examinations and certifications for operating commercial vessels.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2024-07-26 - Signed by Governor Sununu 07/19/2024; Chapter 225; eff.I. Sec 4 eff 1/1/25 II. Rem eff 9/17/24 [HB1158 Detail]
Download: New_Hampshire-2024-HB1158-Amended.html
HB 1158 - AS AMENDED BY THE SENATE
14Mar2024... 0903h
05/15/2024 1769s
2024 SESSION
24-2164
10/08
HOUSE BILL 1158
SPONSORS: Rep. Lynn, Rock. 17; Rep. Kuttab, Rock. 17
COMMITTEE: Transportation
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AMENDED ANALYSIS
This bill permits individuals aged 14 to 18 to operate small commercial vessels for selling packaged food and non-alcoholic beverages on public waters. This bill also defines commercial passenger vessels, sets penalties for operating commercial vessels without certification, and outlines examination requirements for commercial vessel operators.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
14Mar2024... 0903h
05/15/2024 1769s 24-2164
10/08
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Four
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Paragraph; Minimum Age for Operation; Commercial Vessel Exception. Amend RSA 270:30 by inserting after paragraph III the following new paragraph:
III-a. A person 14 years of age or older, but under 18 years of age may operate a commercial vessel on any of the public waters of the state without a valid certificate to act as operator of a commercial vessel if all of the following conditions are met:
(a) The vessel shall be 16 feet in length or less.
(b) The vessel may be operated only for the selling of pre-packaged food and/or non-alcoholic beverages.
(c) The vessel shall not be operated for the safety support of other boaters, swimmers, or other persons in or on the water, or for incidental transportation of passengers, towing of other vessels, refueling, or servicing.
(d) The vessel shall not tow any water skiers, aquaplane, or similar devices.
2 New Paragraph; Definitions. Amend RSA 270-E:2 by inserting after paragraph I the following new paragraph:
I-a. “Commercial Passenger Vessel” means any commercial vessel used as a common carrier of passengers; which carries passengers for hire; used by the proprietor or by any officer, agent, or employee of such proprietor, of any school or camp, for the transportation of persons; or used as a restaurant or similar enterprise that takes members of the public aboard.
3 New Paragraph; Definitions. Amend RSA 270-E:2 by inserting after paragraph XI-a the following new paragraph:
XI-b. “Tidal Waters” means those waters that rise and fall in a predictable and measurable rhythm or cycle due to the gravitational pulls of the moon and sun.
4 Commercial Vessels; Penalty. Amend RSA 270-E:22 to read as follows:
270-E:22 Commercial Vessels; Penalty; Examination Requirements.
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] a written examination administered by the department and, if operating a commercial passenger vessel 34 feet or greater in length, a practical exam administered by the department demonstrating proficiency in the operation of such vessel, and having been 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 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] exempt from the written examination requirements of this section.
V. ? The commercial vessel written examination shall be based upon the minimum knowledge requirements of the New Hampshire boating safety certificate required by RSA 270-D:10, as well as the state's commercial vessel laws and rules found in Saf-C 400. ? In order to receive a commercial boat operator certification as described in this section a person shall achieve a minimum score of 80 percent on the written examination.
VI. The provisions of this section shall not apply to vessels on tidal waters that fall under the commercial vessel jurisdiction of the United States Coast Guard.
I. Section 4 of this act shall take effect January 1, 2025.
II. The remainder of this act shall take effect 60 days after its passage.
