Bill Text: NH SB103 | 2013 | Regular Session | Amended


Bill Title: Relative to beaching, grounding, or tying a boat to shore.

Spectrum: Moderate Partisan Bill (Republican 6-1)

Status: (Introduced - Dead) 2013-03-28 - Sen. Odell Moved Laid On Table, Motion Adopted, Voice Vote; [SB103 Detail]

Download: New_Hampshire-2013-SB103-Amended.html

SB 103 – AS AMENDED BY THE SENATE

03/07/13 0469s

2013 SESSION

13-0911

03/09

SENATE BILL 103

AN ACT relative to beaching, grounding, or tying a boat to shore.

SPONSORS: Sen. Bradley, Dist 3; Sen. Odell, Dist 8; Sen. Cataldo, Dist 6; Sen. Fuller Clark, Dist 21; Rep. McConkey, Carr 3; Rep. Merrow, Carr 5; Rep. Ahlgren, Carr 6

COMMITTEE: Transportation

AMENDED ANALYSIS

This bill prohibits beaching, grounding, or tying a boat to shore on a public body of water without the permission of the owner, lessee, or person in control of property fronting or abutting the body of water.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03/07/13 0469s

13-0911

03/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Thirteen

AN ACT relative to beaching, grounding, or tying a boat to shore.

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

1 Chapter Heading Changed. The chapter heading of RSA 270-A is repealed and reenacted to read as follows:

CHAPTER 270-A

BEACHING, GROUNDING, OR TYING A BOAT TO SHORE

2 Definitions; Mooring. Amend RSA 270-A:1, IV to read as follows:

IV. “Mooring” means beaching, grounding, or tying of a houseboat to the shore of any of the [inland surface waters] public bodies of water of the state, and the anchoring of a houseboat on any of the [inland surface waters] public bodies of water of the state.

3 New Paragraph; Definitions; Shorefront Property. Amend RSA 270-A:1 by inserting after paragraph IV the following new paragraph:

V. “Shorefront property” means land fronting or abutting a public body of water. “Shorefront property” shall not include a deeded right-of-way nor shall it include land not contiguous to the shore with any with any other type of legal shorefront access.

4 Beaching, Grounding, or Tying Permitted. Amend RSA 270-A:2 to read as follows:

270-A:2 Where [Overnight Mooring] Beaching, Grounding, or Tying to Shore Permitted. A [houseboat] boat may be beached or grounded, or tied to the [shore] shorefront property of any of the [inland surface waters] public bodies of water of the state [for an overnight period, or any part of an overnight period,] only when the shorefront property is [on or at a location] owned, leased, or otherwise under the control of the owner or operator of [the houseboat] said boat or by permission of the owner, lessee, or person otherwise in control of [such location. An unoccupied houseboat may be anchored on the inland surface waters of the state for an overnight period, or any part of an overnight period, only in an area reasonably adjacent to a location owned, leased, or otherwise under the control of the owner or operator of the houseboat or by permission of the owner, lessee, or person otherwise in control of such location] said shorefront property. For the purposes of this chapter, property owned in common by a condominium association or other group shall be deemed owned by the group and shall not convey any rights under this chapter to its individual members.

5 Overnight Mooring. Amend RSA 270-A:3 to read as follows:

270-A:3 Where Overnight Mooring Prohibited. No [houseboat] boat shall be beached or grounded, or tied to the shore of any of the [inland surface waters] public bodies of water of the state for an overnight period or any part of an overnight period, except as permitted in RSA 270-A:2 or in cases of emergency. No [houseboat] boat shall be anchored on any of the [inland surface waters] public bodies of water of the state for an overnight period or any part of an overnight period except as permitted in RSA 270-A:2 or in cases of emergency.

6 Penalty. Amend RSA 270-A:5 to read as follows:

270-A:5 Penalty for Overnight Mooring at a Prohibited Location. If any person shall violate any provision of this chapter relative to mooring a [houseboat] boat overnight in a prohibited location, he or she shall be guilty of a violation. Each night of mooring a [houseboat] boat in a prohibited location shall be considered a separate violation.

7 Additional Penalty. Amend RSA 270-A:7 to read as follows:

270-A:7 Additional Penalty. In addition to the penalties provided in RSA 270-A:5 and [6] 270-A:6, the court may revoke the New Hampshire registration certificate and the right to obtain such a certificate for any [houseboat or motor used for propelling such houseboat] boat in violation of any of the provisions of this chapter, for a period not to exceed one year from the date of conviction.

8 Effective Date. This act shall take effect January 1, 2014.

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