HB 386, relative to the relocation of the principal residence of a child.

HB 523, relative to filing fees and legislative approval of certain settlements by the attorney generals.

HB 587-FN, establishing a commission on the status of men.

HB 631, relative to access to public school programs by nonpublic or home educated pupils.

HB 712, relative to the coordination of state, regional, and local planning efforts.

The House of Representatives has passed Bills with the following titles, in the passage of which it asks the concurrence of the Senate:

HB 285-FN, relative to the adoption of a state building code.

HB 465, relative to membership of attorneys in the New Hampshire Bar Association and lobbying by the Bar Association.

HB 668, relative to genetic testing.

The House of Representatives has passed Bills with the following titles, in the passage of which it asks the concurrence of the Senate:

HB 550-FN, relative to destruction of information.

HB 162-FN, ratifying the school board meetings and elections for Mascoma Valley Regional and Bartlett School Districts.

HB 498, relative to standards for records filed with a registry of deeds.

HB 658-FN, relative to the homeless prevention fund.

Senator Francoeur offered the following Resolution:

RESOLVED, that in accordance with the list in the possession of the Clerk, House Bills numbered 162-712 shall be by this resolution read a first and second time by the therein listed titles, and referred to the therein designated committees.

First and Second Reading and Referral

HB 162-FN, ratifying the school board meetings and elections for Mascoma Valley Regional and Bartlett School Districts. (Education)

HB 285-FN, relative to the adoption of a state building code. (Executive Departments and Administration)

HB 386, relative to the relocation of the principal residence of a child. (Judiciary)

HB 465, relative to membership of attorneys in the New Hampshire Bar Association and lobbying by the Bar Association. (Judiciary)

HB 498, relative to standards for records filed with a registry of deeds. (Public Affairs)

HB 550-FN, relative to destruction of information. (Judiciary)

HB 523, relative to filing fees and legislative approval of certain settlements by the attorney generals. (Executive Departments and Administration)

HB 587-FN, establishing a commission on the status of men. (Internal Affairs)

HB 631, relative to access to public school programs by nonpublic or home educated pupils.

HB 658-FN, relative to the homeless prevention fund. (Public Institutions, Health and Human Services)

HB 668, relative to genetic testing. (Insurance)

HB 712, relative to the coordination of state, regional, and local planning efforts. (Public Affairs)

Senator Francoeur offered the following Resolution:

RESOLVED, that in accordance with the list in the possession of the Clerk, Senate Bills numbered 386 - 406 shall be by this resolution read a first and second time by the therein listed titles, laid on the table for printing and referred to the therein designated committees.

First and Second Reading and Referral

02-3111

SB 386, establishing a committee to study a registry for automatic external defibrillators. (Sen. Gordon, Dist 2: Public Institutions, Health and Human Services)

02-3148

SB 387, relative to the adoption of certain contracts by school districts. (Sen. Johnson, Dist 3; Rep. Sullivan, Carr 2; Rep. Dickinson, Carr 2: Education)

02-3156

SB 388, relative to bingo game operation. (Sen. Prescott, Dist 19; Sen. Cohen, Dist 24: Ways and Means)

02-3012

SB 389, establishing levels of licensure of alcohol and drug counselors. (Sen. Wheeler, Dist 21; Sen. McCarley, Dist 6; Sen. Larsen, Dist 15; Sen. Below, Dist 5; Rep. Taylor, Straf 11; Rep. Lent, Straf 8: Executive Departments and Administration)

02-3020

SB 390, relative to the licensure of radiologic technologists. (Sen. Wheeler, Dist 21; Sen. Larsen, Dist 15; Sen. McCarley, Dist 6; Sen. D’Allesandro, Dist 20; Rep. Nordgren, Graf 10; Rep. Pilliod, Belk 3; Rep. Lent, Straf 8; Rep. Millham, Belk 4: Executive Departments and Administration)

02-3064

SB 391-FN, relative to appeals from the compensation appeals board. (Sen. Fernald, Dist 11; Sen. Below, Dist 5; Sen. Cohen, Dist 24: Insurance)

02-3069

SB 392, establishing a committee to study certification of mortgage loan originators. (Sen. Larsen, Dist 15; Sen. McCarley, Dist 6; Sen. Johnson, Dist 3; Sen. Fernald, Dist 11; Sen. Flanders, Dist 7; Rep. T. Reardon, Merr 23; Rep. Norelli, Rock 31; Rep. L. Johnson, Hills. 40: Banks)

02-3071

SB 393, relative to expiration of contact lens and corrective lens prescriptions. (Sen. Larsen, Dist 15; Sen. Wheeler, Dist 21; Rep. C. Bouchard, Merr 22; Rep. Rush, Merr 12; Rep. Burnham, Ches 8; Rep. MacKay, Merr 24: Public Institutions, Health and Human Services)

02-3077

SB 394, relative to the duties of the advisory committee on international trade. (Sen. Johnson, Dist 3; Rep. Guay, Coos 6: Energy and Economic Development)

02-3090

SB 395, making certain changes to the laws pertaining to special education. (Sen. O’Hearn, Dist 12: Education)

02-3108

SB 396-FN, relative to group II retirement status for criminalists employed by the department of safety. (Sen. Hollingworth, Dist 23: Executive Departments and Administration)

02-3121

SB 397, prohibiting smoking in restaurants in New Hampshire. (Sen. Wheeler, Dist 21; Rep. Manning, Ches 9; Rep. French, Merr 3; Rep. Pilliod, Belk 3; Rep. M. Fuller Clark, Rock 36: Public Affairs)

02-3125

SB 398-FN, authorizing an increase in admission fees for the Seacoast Science Center at Odiorne Point state park in Rye, New Hampshire. (Sen. Cohen, Dist 24; Sen. Larsen, Dist 15; Rep. Cox, Rock 24; Rep. Langley, Rock 24; Rep. Royce, Ches 9; Rep. Spang, Straf 8: Wildlife and Recreation)

02-3130

SB 399, regulating demand drafts under the New Hampshire Uniform Commercial Code. (Sen. Larsen, Dist 15; Sen. Burns, Dist 1; Sen. Fernald, Dist 11; Sen. Johnson, Dist 3; Rep. Spiess, Hills 14: Executive Departments and Administration)

02-3153

SB 400, establishing a committee to study issues concerning the Poison Information and Control Center. (Sen. Wheeler, Dist 21; Sen. O’Hearn, Dist 12; Rep. Nordgren, Graf 10; Rep. Millham, Belk 4; Rep. Rodeschin, Sull 4: Public Institutions, Health and Human Services)

02-3146

SB 401-FN-A, relative to long-term care funding and making an appropriation therefor. (Sen. Johnson, Dist 3; Sen. Flanders, Dist 7; Sen. Disnard, Dist 8; Sen. Burns, Dist 1; Sen. Gordon, Dist 2; Rep. Micklon, Rock 26; Rep. Rogers Johnson, Rock 25: Public Institutions, Health and Human Services)

02-3147

SB 402-FN-A, establishing a committee to study long-term care funding and making an appropriation therefor. (Sen. Johnson, Dist 3; Rep. Rogers Johnson, Rock 25: Public Institutions, Health and Human Services)

02-3129

SB 403-FN, relative to special motorcycle number plates for veterans who were awarded the purple heart medal. (Sen. McCarley, Dist 6; Sen. D’Allesandro, Dist 20; Sen. Barnes, Dist 17; Rep. Heon, Straf 14; Rep. Berube, Straf 14; Rep. Fields, Hills 18: Transportation)

02-3123

SB 404, changing certain limitations on investment management fees and investments by banks acting as fiduciaries. (Sen. Eaton, Dist 10; Sen. Johnson, Dist 3; Rep. Keye, Hills 30; Rep. Hunt, Ches 10; Rep. Thomas, Belk 3; Rep. Peterson, Hills 8: Banks)

02-3141

SB 405, relative to special number plates for veterans. (Sen. McCarley, Dist 6; Sen. Barnes, Dist 17; Sen. Below, Dist 5; Sen. Boyce, Dist 4; Sen. Burns, Dist 1; Sen. Cohen, Dist 24; Sen. D’Allesandro, Dist 20; Sen. Disnard, Dist 8; Sen. Eaton, Dist 10; Sen. Fernald, Dist 11; Sen. Flanders, Dist 7; Sen. Francoeur, Dist 14; Sen. Gatsas, Dist 16; Sen. Gordon, Dist 2; Sen. Hollingworth, Dist 23; Sen. Johnson, Dist 3; Sen. Klemm, Dist 22; Sen. Larsen, Dist 15; Sen. O’Hearn, Dist 12; Sen. O’Neil, Dist 18; Sen. Pignatelli, Dist 13; Sen. Prescott, Dist 19; Sen. Roberge, Dist 9; Sen. Wheeler, Dist 21; Rep. Heon, Straf 14; Rep. Berube, Straf 14; Rep. Fields, Hills 18; Rep. Welch, Rock 18: Transportation)

02-3152

SB 406, relative to animal control. (Sen. Wheeler, Dist 21; Sen. Roberge, Dist 9; Rep. Babson, Carr 5; Rep. Rausch, Rock 13; Rep. Wendelboe, Belk 2; Rep. Phinizy, Sull 7: Wildlife and Recreation)

The House of Representatives has passed Bills with the following titles, in the passage of which it asks the concurrence of the Senate:

HB 137, establishing a committee to study the definition of domicile for voting purposes.

HB 209-FN, relative to original and youth operators’ licenses.

HB 266, establishing a committee to study recodification of the election laws.

HB 392, relative to a property tax exemption for property of agricultural fairs.

HB 424, establishing a committee to study the exemption from property taxes for not-for-profit hospitals.

HB 447, establishing a task force on family law.

HB 462-FN, requiring state regulatory boards, commissions, advisory boards, advisory committees, and authorities to develop an orientation manual for new members.

HB 494, establishing a committee to study the permitting and hearing processes for proposed highways.

HB 567-FN, extending the reporting date of the commission for the development of a statewide protocol for interviewing victims of sexual assault crimes.

HB 586, excluding stepchildren from the definition of "child" in the context of support orders.

HB 617, relative to additional exceptions to junk yard regulation.

HB 650-FN, relative to master plans.

HB 661, relative to hearing timelines in abuse and neglect cases.

HB 681, relative to billing by local exchange carriers, electric distribution companies, and gas distribution companies.

HB 686, relative to the scope of discovery in abuse and neglect cases.

HB 701, relative to municipal limitation of renewable energy systems.

HB 706, relative to mediation in superior court cases involving children.

HB 718-FN, relative to renewable-energy-source electricity generation and transition service.

The House of Representatives has passed Bills with the following titles, in the passage of which it asks the concurrence of the Senate:

HB 285-FN, relative to the adoption of a state building code.

HB 465, relative to the membership of attorneys in the New Hampshire Bar Association and lobbying by the Bar Association.

HB 668, relative to genetic testing.

Senator Francoeur offered the following Resolution:

RESOLVED, that in accordance with the list in the possession of the Clerk, House Bills numbered 137-718 shall be by this resolution read a first and second time by the therein listed titles, and referred to the therein designated committees.

First and Second Reading and Referral

HB 137, establishing a committee to study the definition of domicile for voting purposes. (Public Affairs)

HB 209-FN, relative to original and youth operators’ licenses. (Transportation)

HB 266, establishing a committee to study recodification of the election laws. (Public Affairs)

HB 392, relative to a property tax exemption for property of agricultural fairs. (Public Affairs)

HB 424, establishing a committee to study the exemption from property taxes for not-for-profit hospitals. (Public Affairs)

HB 447, establishing a task force on family law. (Judiciary)

HB 462-FN, requiring state regulatory boards, commissions, advisory boards, advisory committees, and authorities to develop an orientation manual for new members. (Executive Departments and Administration)

HB 494, establishing a committee to study the permitting and hearing processes for proposed highways. (Transportation)

HB 567-FN, extending the reporting date of the commission for the development of a statewide protocol for interviewing victims of sexual assault crimes. (Judiciary)

HB 586, excluding stepchildren from the definition of "child" in the context of support orders. (Judiciary)

HB 617, relative to additional exceptions to junk yard regulation. (Public Affairs)

HB 650-FN, relative to master plans. (Public Affairs)

HB 661, relative to hearing timelines in abuse and neglect cases. (Judiciary)

HB 681, relative to billing by local exchange carriers, electric distribution companies, and gas distribution companies. (Energy and Economic Development)

HB 686, relative to the scope of discovery in abuse and neglect cases. (Judiciary)

HB 701, relative to municipal limitation of renewable energy systems. (Public Affairs)

HB 706, relative to mediation in superior court cases involving children. (Judiciary)

HB 718-FN, relative to renewable-energy-source electricity generation and transition service. (Energy and Economic Development)

Senator O'Hearn moved that the business of the day being complete that the Senate now adjourn until Thursday, January 17, 2002 at 10:15 a.m.

The Senate met at 10:15 a.m.

A quorum was present.

The prayer was offered by the Rev. Dr. Robert E. De Wetter, Senate Guest Chaplain.

Senator Wheeler led the Pledge of Allegiance.

The House of Representatives is ready to meet in Joint Convention for the purpose of hearing an address by her Excellency, the Governor, Jeanne Shaheen.

The House of Representatives concurs with the Senate in the passage of the following entitled bills sent down from the Senate:

SB 56, relative to health care providers discontinuing service in New Hampshire.

SB 115, granting a cost of living adjustment to certain retired group II firefighters.

The Committee on Enrolled Bills has examined and found correctly Enrolled the following Entitled House and/or Senate Bills:

SB 56, relative to health care providers discontinuing service in New Hampshire.

SB 115, granting a cost of living adjustment to certain retired group II firefighters.

Senator D’Allesandro moved adoption.

The House of Representatives has referred for Interim Study the following Bill sent down from the Senate:

SB 194-FN, relative to retirement allowances for certain surviving spouses of group II retirement system members.

The House of Representatives concurs with the Senate in the passage of the following entitled Bills sent down from the Senate:

SB 26, relative to probate court procedures regarding adoptions.

SB 141, relative to proof of qualifications for voter registration.

The House of Representatives refuses to concur with the Senate in the passage of the following entitled Bills sent down from the Senate:

SB 22, requiring the use of certified radiologic technologists for hospitals operating equipment licensed under the radiological health program.

SB 110, extending the kindergarten construction program.

SB 125, relative to election of optional allowances by retirement system members granted disability retirement and relative to an exception to the 120-day requirement for payment of compensation.

SB 183, relative to distribution of certain meals and rooms tax revenue to municipalities with affordable housing.

HB 237, relative to filling a vacancy in an alumni trustee position on the board of trustees of the university system. Education Committee. Vote 5-0. Ought to Pass, Senator Gordon for the committee.

SB 151-FN-A, transferring and appropriating funds to the department of safety for additional staffing of evening and midnight patrols by current New Hampshire state troopers. Finance Committee. Vote 5-2. Inexpedient to Legislate, Senator Boyce for the committee.

SB 163-FN, relative to salaries for New Hampshire state police. Finance Committee. Vote 5-2. Inexpedient to Legislate, Senator Barnes for the committee.

SB 175-FN, relative to the position of assistant commissioner of the department of corrections. Finance Committee. Vote 7-0. Inexpedient to Legislate, Senator Larsen for the committee.

SB 186-FN, relative to the powers of and classification for criminal justice and consumer protection investigators of the department of justice and for county attorney investigators. Finance Committee. Vote 7-1. Ought to Pass, Senator Below for the committee.

HB 393-FN, relative to plant nurseries and nursery stock. Finance Committee. Vote 6-0. Ought to Pass, Senator Hollingworth for the committee.

HB 270-FN, increasing the mileage reimbursement rate for members of the legislature. Internal Affairs Committee. Vote 2-0. Inexpedient to Legislate, Senator Flanders for the committee.

SB 24, establishing a judicial nominating commission. Judiciary Committee. Vote 4-0. Inexpedient to Legislate, Senator Fernald for the committee.

Senator Barnes is in opposition to the motion of inexpedient to legislate on SB 24.

SB 86-FN, establishing a process for reviewing judges. Judiciary Committee. Vote 4-0.

Inexpedient to Legislate, Senator Fernald for the committee.

Senator Barnes is in opposition to the motion of inexpedient to legislate on SB 86.

HB 157, clarifying the immunity from liability of persons providing emergency care. Judiciary Committee. Vote 5-0. Ought to pass with amendment, Senator Fernald for the committee.

2001-2117s

09/01

Amend the title of the bill by replacing it with the following:

AN ACT relative to the requirement for licensure for persons providing emergency medical services.

Amend the bill by replacing all after the enacting clause with the following:

1 Licensure; Emergency Care. Amend RSA 153-A:11, I to read as follows:

I. Except for automatic external defibrillation pursuant to RSA 153-A:28-31, a person shall not provide emergency medical services in the line of duty as a paid or volunteer member of a public or private emergency medical services unit in this state, or as a paid or volunteer member of any [police or] fire department who, as a condition of employment, may be expected to routinely provide emergency medical services in the line of duty, without being licensed by the commissioner.

2 Effective Date. This act shall take effect 60 days after its passage.

2001-2117s

AMENDED ANALYSIS

This bill clarifies that any person who is expected to routinely provide emergency medical services, as a condition of employment by an emergency medical services unit or a fire department, must be licensed by the commissioner of safety.

Senator Francoeur moved to have HB 157, clarifying the immunity from liability of persons providing emergency care, laid on the table.

HB 157, clarifying the immunity from liability of persons providing emergency care.

HB 252, relative to rules promulgated by the supreme court. Judiciary Committee. Vote 2-1. Inexpedient to Legislate, Senator Gordon for the committee.

HB 325-FN, relative to certain acts of sexual assault. Judiciary Committee. Vote 3-1. Inexpedient to Legislate, Senator Prescott for the committee.

Senator Fernald moved to substitute ought to pass for inexpedient to legislate.

Senator Below moved to have HB 325-FN, relative to certain acts of sexual assault, laid on the table.

HB 325-FN, relative to certain acts of sexual assault.

HB 495, relative to judicially appointed officials. Judiciary Committee. Vote 4-0. Inexpedient to Legislate, Senator Gordon for the committee.

HB 622, relative to the time period for the executive council to confirm nominees to the supreme court. Judiciary Committee. Vote 3-0. Ought to Pass, Senator Roberge for the committee.

SB 29, relative to amending warrant articles by political subdivisions that have adopted the official ballot referendum form of meeting. Public Affairs Committee. Vote 3-1. Ought to Pass, Senator Roberge for the committee.

Senator Roberge moved to have SB 29, relative to amending warrant articles by political subdivisions that have adopted the official ballot referendum form of meeting, laid on the table.

SB 29, relative to amending warrant articles by political subdivisions that have adopted the official ballot referendum form of meeting.

SB 87, relative to permissible campaign contributions by business organizations and labor unions. Public Affairs Committee. Vote 2-1. Ought to Pass, Senator Disnard for the committee.

Senator Francoeur moved to have SB 87, relative to permissible campaign contributions by business organizations and labor unions, laid on the table.

SB 87, relative to permissible campaign contributions by business organizations and labor unions.

SB 112, relative to voter registration forms. Public Affairs Committee. Vote 3-1. Ought to Pass, Senator Francoeur for the committee.

Senator Francoeur moved to have SB 112, relative to voter registration forms, laid on the table.

SB 112, relative to voter registration forms.

HB 154, relative to candidates of parties nominated by nomination papers and relative to vacancies for office on a party ticket. Public Affairs Committee. Vote 3-1. Inexpedient to Legislate, Senator Roberge for the committee.

HB 226, relative to instructions to voters for straight-ticket voting. Public Affairs Committee. Vote 3-2. Inexpedient to Legislate, Senator Francoeur for the committee.

Senator Francoeur moved to have HB 226, relative to instructions to voters for straight-ticket voting, laid on the table.

HB 226, relative to instructions to voters for straight-ticket voting.

HB 512, relative to off-site improvements imposed on applicants to a planning board. Public Affairs Committee. Vote 3-2. Inexpedient to Legislate, Senator Francoeur for the committee.

Senator Wheeler moved to have HB 512, relative to off-site improvements imposed on applicants to a planning board, laid on the table.

SB 166-FN, relative to processing applications for the children's health insurance program (CHIP). Public Institutions, Health and Human Services Committee. Vote 3-0. Inexpedient to Legislate, Senator Wheeler for the committee.

HB 289-FN, implementing procedures for a hospital to assume care and custody of an abandoned child and creating an exception to the crime of endangering the welfare of a child. Public Institutions, Health and Human Services Committee. Vote 5-0. Interim Study, Senator O'Hearn for the committee.

HB 485, relative to physicians employed by hospitals. Public Institutions, Health and Human Services Committee. Vote 4-0. Inexpedient to Legislate, Senator Wheeler for the committee.

Senator Francoeur is in opposition to the motion of inexpedient to legislate on HB 485.

HB 553-FN-L, requiring background checks for nursing home employees. Public Institutions, Health and Human Services Committee. Vote 5-0. Inexpedient to Legislate, Senator Boyce for the committee.

SB 385, relative to electric personal assistive mobility devices. Transportation Committee. Vote 5-0. Ought to pass with amendment, Senator Eaton for the committee.

2002-2170s

03/04

Amend RSA 269:1 as inserted by section 3 of the bill by replacing it with the following:

269:1 Definition. In this chapter, "electric personal assistive mobility device" or "EPAMD" shall mean a self-balancing, 2 non-tandem-wheeled device designed to transport only one person, solely powered by an electric propulsion system, with a maximum speed of less than 20 miles per hour.

Amend paragraph II of section 4 of the bill by replacing it following:

II. The oversight committee shall study the integration of electric personal assistive mobility devices with pedestrian traffic in New Hampshire, including such rules of operation as may be appropriate, and other any issues relating thereto.

HB 146, requiring any driver to have headlights on when continuously operating windshield wipers during inclement weather. Transportation Committee. Vote 3-0. Ought to Pass, Senator Flanders for the committee.

Senator Below moved to have HB 146, requiring any driver to have headlights on when continuously operating windshield wipers during inclement weather, laid on the table.

HB 317-FN, revising the New Hampshire Aeronautics Act. Transportation Committee. Vote 4-0. Ought to Pass, Senator O'Neil for the committee.

HB 669, requiring certain safety devices on freight locomotives. Transportation Committee. Vote 5-0. Inexpedient to Legislate, Senator O'Neil for the committee.

SB 146, relative to personal watercraft. Wildlife and Recreation Committee. Vote 3-2. Ought to pass with amendment, Senator Disnard for the committee.

2001-2066s

03/09

Amend the bill by replacing sections 2-3 with the following:

2 Supervision of Navigation: Ski Craft; Personal Watercraft Added. Amend RSA 270:73-74-b to read as follows:

270:73 Definitions. In this subdivision:

I. "Bureau" means the department of safety, bureau of hearings, established pursuant to RSA 21-P:13.

II. "Department" means the department of safety.

II-a. "Emergency personnel" means members of local police departments, the state police, the sheriff's department, fire companies and departments, and emergency medical services units.

III. "Operator" means a person who operates or who has charge of the navigation or use of a ski craft or personal watercraft.

III-a. "Personal watercraft" means a vessel which uses an inboard motor powering a water jet pump as its primary source of motive power and which is designed to be operated by a person or persons sitting, standing, or kneeling on the vessel, rather than the conventional manner of sitting or standing inside the vessel. "Personal watercraft" shall include ski craft as defined in RSA 270:73, V.

IV. "Private boat" means a boat as defined in RSA 270:2, V, including a ski craft or personal watercraft.

V. "Ski craft" means any motorized watercraft or private boat which is less than 13 feet in length as manufactured, is capable of exceeding a speed of 20 miles per hour, and has the capacity to carry not more than the operator and one other person while in operation. The term includes a jet ski, surf ski, fun ski, or other similar device.

VI. "Watercraft" means a motorized ski craft or personal watercraft, capable of being used as a means of transportation on or in the water, except a seaplane.

270:74 Operation of Ski Craft or Personal Watercraft.

I. No person shall operate a ski craft on any lake, pond, or river unless the person is 16 years of age or older.

II. No person shall operate a ski craft or personal watercraft on any lake, pond, or river between the hours of sunset and sunrise.

III. No person shall operate a ski craft or personal watercraft unless [he] the person is wearing a personal floatation device which is Coast Guard approved type 1, 2, or 3.

IV. No person shall operate a ski craft on a lake, pond, or river, or area thereof, on which the operation of ski craft is prohibited by law.

V. No person shall operate a ski craft on a lake, pond, or river, or area thereof, on which the operation of ski craft is prohibited as a result of a hearing pursuant to RSA 270:74-a.

VI. No person shall operate a ski craft or personal watercraft on a lake, pond, or river, or area thereof, in violation of a restriction imposed pursuant to RSA 270:74-a.

VII. No person shall operate a ski craft or personal watercraft within 150 feet of another ski craft or personal watercraft, or of a boat, raft, float, or swimmer unless the speed of the ski craft or personal watercraft is reduced to headway speed. No person shall operate a ski craft or personal watercraft in a cove, as designated by the commissioner, or within [300] 150 feet of shore, except as provided in paragraph VIII [or pursuant to RSA 270:74-a, V]. For the purpose of this paragraph "cove" is defined as a bay or inlet which at its widest point does not exceed 1,000 linear feet.

VIII. A person may operate a ski craft from the shore to any area where the operation of ski craft is allowed, provided that the ski craft shall not be operated at a speed exceeding headway speed within [300] 150 feet from shore or in a cove as defined in RSA 270:74, VII and provided that the ski craft shall be operated in a direct line between the shore and the area where operation is allowed.

IX. A person may operate a ski craft or personal watercraft on the lakes, ponds, and rivers of the state except in areas which are prohibited by the department and those lakes, ponds, and rivers specifically prohibited by RSA 270:75-[109]130 and other legislative acts.

X. A person who violates any of the provisions of this section shall be guilty of a violation.

XI. Emergency personnel who operate a ski craft or personal watercraft when responding to an emergency call or in pursuit of an actual or suspected violator of the law shall be exempt from restrictions or prohibitions imposed pursuant to RSA 270:74-a, RSA 270:75-130, or any other law.

270:74-a Hearings.

I. The commissioner shall adopt rules pursuant to RSA 541-A establishing procedures for the public hearing process contained in this section. For the 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 10 or more residents or property owners of a town in which a lake, pond, or river is located may petition the commissioner to prohibit or restrict the use of ski craft or personal watercraft on the lake, pond, or river, or a portion thereof. Once ski craft or personal watercraft have been prohibited or restricted on a lake, pond, or river, or portion thereof, pursuant to this section for at least one year such a group of residents or property owners may not petition to allow the use of ski craft or personal watercraft on the lake, pond, or river, or a portion thereof.

III. The commissioner 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:

(a) The impact of ski craft or personal watercraft on the environment, the shoreline, and wildlife.

(b) The surface area of the lake, pond, or river being considered.

(c) The use or uses which have been established on the lake, pond, or river.

(d) The depth of the water.

(e) The amount of water-borne traffic.

(f) The necessity of ensuring access to and use of the lake, pond, or river 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 shall hear all petitions as soon as possible after they are submitted. [The commissioner shall give priority to hearing first the petitions submitted on behalf of lakes, ponds, or rivers itemized in section 3 of this act and lakes, ponds, or rivers which are generally considered to have problems with the operation of ski craft as evidenced by the number of complaints submitted.] A decision shall be rendered within 30 days after the hearing. If a body of water is closed in its entirety as a result of a hearing pursuant to this paragraph, the effective date of such closing shall be no sooner than October 1, of the year in which the order is issued.

V. [In response to a petition submitted concerning a lake, pond, or river, or portion thereof, the shoreline of which is uninhabited, the commissioner may allow the operation of ski craft as close as 150 feet from the shore.

VI.] Any person aggrieved by a decision of the commissioner 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.

[VII.] VI. Any prohibition or restriction on the use of ski craft or personal watercraft on a lake, pond, or river, or portion thereof, imposed pursuant to this section shall have the full force and effect as if enacted as law.

[VIII.] VII. The commissioner shall post any lake, pond, or river, or portion thereof, from which ski craft or personal watercraft are prohibited or restricted pursuant to this section.

270:74-b Reckless Operation of Ski Craft or Personal Watercraft; Modification of Muffler or Engine Prohibited.

I. In addition to the provisions of RSA 270:29-a, no person shall operate a ski craft or personal watercraft in a careless or negligent manner, or in a manner which unreasonably or unnecessarily endangers life, limb, or property, including but not limited to, weaving through congested watercraft traffic and swerving at the last moment to avoid collision. Any person who violates this paragraph shall be guilty of a misdemeanor.

II. In addition to the provisions of RSA 270:40, no person shall modify or alter the muffler system or engine of ski craft or personal watercraft so as to exceed the noise levels prescribed in RSA 270:37. Any person who violates the provisions of this section shall be guilty of a violation.

3 Applicability. Any restriction or prohibition on the operation of ski craft established by administrative rule in effect on the effective date of this act shall remain in effect until such rule is superceded or expired, and shall apply only to the use of ski craft, as defined in RSA 270:73, V, on the waters of this state.

2001-2066s

AMENDED ANALYSIS

This bill:

I. Includes personal watercraft, as defined in the bill, in the laws relative to ski craft.

II. Makes applicable within 150 feet of shore those restrictions on the operation of ski craft that currently apply within 300 feet of shore.

III. Establishes an exemption from restrictions and prohibitions on the operation of ski craft and personal watercraft for emergency personnel.

Senator Johnson moved to have SB 146, relative to personal watercraft, laid on the table.

SB 146, relative to personal watercraft.

Senator Francoeur moved that the Senate now adjourn from the early session, that the business of the late session be in order at the present time, that all bills ordered to third reading be by this Resolution, read a third time by this resolution, and that all titles be the same as adopted, and that they be passed at the present time.

Senator Francoeur moved that the Senate be in recess for the sole purpose of introducing legislation, referring bills to committee, scheduling hearings, House Messages, and Enrolled Bills and Amendments, and that when we adjourn, we adjourn to Thursday, January 24, 2002 at 10:15 a.m.

Third Reading and Final Passage

HB 237, relative to filling a vacancy in an alumni trustee position on the board of trustees of the university system.

SB 186-FN, relative to the powers of and classification for criminal justice and consumer protection investigators of the department of justice and for county attorney investigators.

HB 393-FN, relative to plant nurseries and nursery stock.

HB 622, relative to the time period for the executive council to confirm nominees to the supreme court.

SB 385, relative to electric personal assistive mobility devices.