SB424: relative to boating and carnival-amusement regulation by the department of safety.

CHAPTER 58

SB 424-FN – FINAL VERSION

02/19/04 0429s

02/19/04 0547s

2004 SESSION

04-3025

03/09

SENATE BILL 424-FN

AN ACT relative to boating and carnival-amusement regulation by the department of safety.

SPONSORS: Sen. Flanders, Dist 7; Sen. Johnson, Dist 2; Sen. Odell, Dist 8; Rep. Tholl, Coos 2

COMMITTEE: Transportation

ANALYSIS

This bill:

I. Authorizes marine patrol officers to enforce safety and security zones.

II. Modifies requirements for reporting boating accidents.

III. Requires that agents of the commissioner of the department of safety conduct inspections of carnival and amusement rides.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

02/19/04 0429s

02/19/04 0547s

04-3025

03/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Four

AN ACT relative to boating and carnival-amusement regulation by the department of safety.

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

58:1 Boating Accident Reports. RSA 270:1-a, I is repealed and reenacted to read as follows:

I. The operator of a vessel who knows or reasonably should have known that he or she has just been involved in any accident that involved death, personal injury, or damages to property, shall immediately stop said vessel at the scene of the accident, render any assistance that he or she is capable of giving to the occupants of any other vessel involved in the accident, and give the operator or owner of any other vessel involved in such accident, and to any person injured, and to the owner of any property damaged, the operator’s name and the owner’s name and address, the vessel registration number, and the name and address of each occupant. If by reason of injury or absence or removal from the place of the accident or other cause, such injured person, or operator of such other vessel, or owner of the property damaged, or any of them, is unable to understand or receive the information required in this section, such information shall be given to any marine patrol officer or other police officer with jurisdiction arriving at the scene of the accident or immediately to a marine patrol officer or other police officer at the nearest police station or at marine patrol headquarters. Any person operating a vessel that is in any manner involved in the accident shall, within 15 days after such accident, report in writing to the division of safety services the facts required hereunder together with a statement of the circumstances if any person is injured or killed or if damage to property is in excess of $2,000. If the operator is physically or mentally incapable of making such report, the owner of the vessel involved in the accident or the owner’s representative shall, after learning of the accident, forthwith make such report. The operator or the owner shall furnish to the division such relevant information as the division shall require.

58:2 Boating Accident Reports; Penalty. RSA 270:1-b is repealed and reenacted to read as follows:

270:1-b Penalty. Whoever fails to file the reports required by RSA 270:1-a, I or otherwise fails to comply with the requirements relating to injury to property, or relating to the report to be made to the division, shall be guilty of a class A misdemeanor if a natural person, or guilty of a felony if any other person. Whoever fails to comply with the requirements when death or personal injury resulted or whoever gives information required knowing or having reason to believe that such information is false, or fails to comply with any of the other requirements thereof shall be guilty of a class B felony.

58:3 New Section; Navigation; False Reporting of Accidents. Amend RSA 270 by inserting after section 1-b the following new section:

270:1-c False Reporting of Accidents. Except as provided in RSA 270:1-a, I, a person is guilty of a misdemeanor if he or she knowingly gives or causes to be given false information to any law enforcement officer or to the department of safety or its agents concerning an accident or alleged accident.

58:4 New Paragraph; Navigation; Enforcement Powers Conferred; Safety and Security Zones. Amend RSA 270:12-a by inserting after paragraph V the following new paragraph:

VI.(a) The commissioner of the department of safety, at the request of the United States Coast Guard in accordance with applicable federal law, shall to the extent of available staffing and resources authorize marine patrol officers to assist the United States Coast Guard in the enforcement of safety and security zones established by the Coast Guard Captain of the Port with jurisdiction over New Hampshire. Marine patrol officers so authorized may take all action necessary to assist the Coast Guard in enforcing security and safety zones to the extent authorized by the Coast Guard, including exercising the power of arrest.

(b) The department of safety, prior to engaging in the activities authorized by this paragraph, shall enter into a memorandum of agreement with the United States Coast Guard that establishes the appropriate procedures and protocols for enforcement activities authorized by this paragraph. Any funds received from the federal government for reimbursement to the department of safety under this paragraph shall be deposited in the navigation safety fund established under RSA 270-E:6-a.

(c) The commissioner of the department of safety may establish a safety and security zone on any public or coastal waters of the state in case of an emergency requiring prompt action.

58:5 New Paragraphs; Carnival-Amusement Operators; Definitions. Amend RSA 321-A:1 by inserting after paragraph VI the following new paragraphs:

VII. “Air supported structure” means any amusement attraction that incorporates a structural and mechanical system that employs a high-strength fabric or film that achieves its strength, shape, and stability by pre-tensioning with internal air pressure, all of which are intended to provide an enclosed area for the self-enjoyment of those confined therein.

VIII. “Amusement attraction” means any building or structure around, over, or through which people may move or walk without the aid of any moving device integral to the building or structure, that provides amusement, pleasure, thrills, or excitement. Amusement attraction does not include any enterprise principally devoted to the exhibition of products of agriculture, industry, science, religion, or the arts.

58:6 Carnival-Amusement Operators; Rules. Amend RSA 321-A:2 to read as follows:

321-A:2 Rules. The commissioner shall adopt rules, pursuant to RSA 541-A, for the safe installation, repair, maintenance, use, operation, and inspection of all carnival or amusement rides, air supported structures, and amusement attractions, as covered by this chapter, for the protection of the general public. The rules shall be based upon generally accepted engineering standards, formulas, and practices.

58:7 Carnival-Amusement Rides; Inspections. Amend RSA 321-A:2-a, I(a)(1)-(2) to read as follows:

(1) By an [independent inspector acceptable to] agent of the commissioner when originally put into operation for the use of the public. The director shall be notified of the operator’s intent at least 10 days prior to the inspection.

(2) By the [independent inspector acceptable to] agent of the commissioner within 15 days prior to the expected date of operation at the start of each season. The director shall be notified at least 10 days prior to the inspection.

58:8 Carnival-Amusement Rides; Inspections. Amend RSA 321-A:2-a, I(b)(1)-(2) to read as follows:

(1) By an [independent inspector acceptable to] agent of the commissioner, upon initial annual assembly in New Hampshire[, unless the independent inspector acceptable to the commissioner has inspected the rides within the 30 days prior to their entering the state. The director shall be notified at least 10 days prior to the inspection].

(2) By an [independent inspector acceptable to] agent of the commissioner not less than 90 days and not more than 120 days after the inspection required by subparagraph (1)[; provided, however, that, if the inspection required by subparagraph (1) was not conducted within the state of New Hampshire, then the inspection required by this subparagraph shall be conducted within the state of New Hampshire].

58:9 Carnival Equipment and Amusement Devices; Report. Amend RSA 321-A:5, III(b) to read as follows:

(b) A report prepared by an [inspector] agent of the commissioner which indicates that the carnival or amusement ride meets the safety specifications established by the commissioner pursuant to RSA 321-A:2. [The report shall be prepared by an inspector who is acceptable to the commissioner.]

58:10 Carnival Equipment and Amusement Devices; Report. Amend RSA 321-A:5, IV(b) to read as follows:

(b) A report prepared by an [inspector] agent of the commissioner which indicates that the carnival or amusement ride meets the safety specifications established by the commissioner pursuant to RSA 321-A:2. [The report shall be prepared by an inspector who is acceptable to the commissioner.]

58:11 Drownings and Boating Accident Reports; Damage to Property. Amend RSA 270:1-a, II-III to read as follows:

II. All law enforcement agencies having knowledge of a drowning or boating accident shall have a duty to report any personal injury resulting from a boating accident, death or drowning including suspected drowning, and all boating accidents wherein there is resulting damage of [$500] $2,000 or more, immediately, to the commissioner of safety or [his] the commissioner’s authorized representative.

III. It shall be the responsibility of the commissioner of safety and [his] the commissioner’s authorized representative to investigate any drowning or suspected drowning and all accidents in which there is serious injury, death, or property damage of [$500] $2,000 or more. Said investigation shall be in addition to, and independent of, any investigation made by other agencies of government, except that said agencies may exchange data and cooperate with each other to avoid unnecessary duplication of efforts.

58:12 Effective Date. This act shall take effect 30 days after its passage.

(Approved: May 3, 2004)

(Effective Date: June 2, 2004)