{"id": "SB226", "year": 2005, "term": "2005-2006", "title": "relative to the regulation of snowmobiles and off highway recreational vehicles.", "narrative": "It was introduced on February 24, 2005 and referred to the Senate Transportation and Interstate Cooperation committee. The committee held a public hearing on March 23, 2005. The committee recommended that the Senate pass it with changes (amendment 0878). The committee's amendment (0878) was adopted on a voice vote on March 31, 2005, changing the text of the bill. On March 31, 2005 the Senate voted to pass it with changes on a voice vote and ordered it to a third reading. On March 31, 2005 the Senate voted to pass it. It crossed to the House on April 6, 2005 and was referred to the House Resources, Recreation and Development committee. The committee held a public hearing on April 19, 2005. The committee held a work session on April 26, 2005. The committee voted 17\u20132 to recommend that the House pass it, and the report was placed on the consent calendar. On May 4, 2005 the House voted to pass it. The bill was enrolled on May 11, 2005 \u2014 the final check of the text before it goes to the governor \u2014 and an enrolled bill amendment (1534) was adopted to correct technical errors found after passage. The bill was enrolled on June 15, 2005 \u2014 the final check of the text before it goes to the governor. The governor signed it on July 1, 2005, making it Chapter 210 of the session laws. It took effect on July 1, 2006.", "stages": [{"label": "Senate Committee (Transportation and Interstate Cooperation)", "hand": "S:committee", "text": "It was introduced on February 24, 2005 and referred to the Senate Transportation and Interstate Cooperation committee. The committee held a public hearing on March 23, 2005. The committee recommended that the Senate pass it with changes (amendment 0878).", "notes": []}, {"label": "On the Senate Floor", "hand": "S:floor", "text": "The committee's amendment (0878) was adopted on a voice vote on March 31, 2005, changing the text of the bill. On March 31, 2005 the Senate voted to pass it with changes on a voice vote and ordered it to a third reading. On March 31, 2005 the Senate voted to pass it.", "notes": []}, {"label": "House Committee (Resources, Recreation and Development)", "hand": "H:committee", "text": "It crossed to the House on April 6, 2005 and was referred to the House Resources, Recreation and Development committee. The committee held a public hearing on April 19, 2005. The committee held a work session on April 26, 2005. The committee voted 17\u20132 to recommend that the House pass it, and the report was placed on the consent calendar.", "notes": ["Reports on the consent calendar are adopted together in one vote, without debate."]}, {"label": "On the House Floor", "hand": "H:floor", "text": "On May 4, 2005 the House voted to pass it.", "notes": []}, {"label": "With the Governor", "hand": "G:governor", "text": "The bill was enrolled on May 11, 2005 \u2014 the final check of the text before it goes to the governor \u2014 and an enrolled bill amendment (1534) was adopted to correct technical errors found after passage. The bill was enrolled on June 15, 2005 \u2014 the final check of the text before it goes to the governor. The governor signed it on July 1, 2005, making it Chapter 210 of the session laws. It took effect on July 1, 2006.", "notes": []}], "notes": [], "vote_note": "", "events": [{"date": "2005-02-24", "text": "Introduced and Referred to Transportation and Interstate Cooperation", "routine": false, "cite": "SJ 7"}, {"date": "2005-03-23", "text": "Hearing; March 23, 2005, Room 100, SH, 8:15 a.m.; SC11", "routine": false, "cite": "SC 11", "cite_url": "https://gc.nh.gov/senate/calendars_journals/viewer.aspx?fileName=Calendars%5C2005%5CSC%2011.pdf"}, {"date": "2005-03-23", "text": "Hearing; March 23, 2005, Room 100, SH, 8:35 a.m", "routine": false}, {"date": "2005-03-24", "text": "Committee Report; Ought to Pass with Amendment{0878}, [03/31/05]; SC13, Pg.9-10", "routine": false, "cite": "SC 13", "cite_url": "https://gc.nh.gov/senate/calendars_journals/viewer.aspx?fileName=Calendars%5C2005%5CSC%2013.pdf"}, {"date": "2005-03-31", "text": "Committee Amendment{0878}, AA, VV", "routine": false, "cite": "SJ 11"}, {"date": "2005-03-31", "text": "Ought to Pass with Amendment{0878}, MA, VV; OT3rdg", "routine": false, "cite": "SJ 11"}, {"date": "2005-03-31", "text": "Passed by Third Reading Resolution", "routine": false, "cite": "SJ 11"}, {"date": "2005-04-06", "text": "Introduced and ref to Res, Rec & Dev", "routine": false, "cite": "HJ 33"}, {"date": "2005-04-07", "text": "Report due Early <Trans>", "routine": false}, {"date": "2005-04-19", "text": "Hearing Apr 19 10:00 RM303,LOB", "routine": false}, {"date": "2005-04-26", "text": "Subcommittee Work Session Apr 26 10:00 RM305,LOB <Rep Dickinson>", "routine": false}, {"date": "2005-04-26", "text": "Comm Report OTP for May 4 (vote 17-2;CC)", "routine": false}, {"date": "2005-05-04", "text": "==CANCELLED== Exec Session May 4 10:00 RM305,LOB", "routine": false, "row_note": "A cancellation. The history does not tell a meeting the docket called off.", "called_off": true}, {"date": "2005-05-04", "text": "Passed", "routine": false, "cite": "HJ 40"}, {"date": "2005-05-11", "text": "Enrolled Am{1534}, Adopted", "routine": false, "cite": "HJ 46", "plain": "Enrolled: the final text checked before it goes to the Governor"}, {"date": "2005-06-09", "text": "Enrolled Bill Amendment{1534}, Adopted", "routine": true, "cite": "SJ 21"}, {"date": "2005-06-09", "text": "Enrolled", "routine": false, "cite": "SJ 21", "plain": "Enrolled: the final text checked before it goes to the Governor"}, {"date": "2005-06-15", "text": "Enrolled", "routine": false, "cite": "HJ 51", "plain": "Enrolled: the final text checked before it goes to the Governor"}, {"date": "2005-07-01", "text": "Signed by the Governor on 07/01/05; Eff 07/01/06; Chapter 0210", "routine": false}], "next_step": "Signed into law", "archived": {"docket": true, "sponsors": true, "reports": true, "votes": true, "video": false, "hearings": true, "committee": true}, "status_source": "General Court docket", "chapter": "210", "journey": {"steps": [{"date": "2005-03-31", "body": "S", "act": "passed", "mark": "p", "text": "Passed with an amendment on a voice vote"}, {"date": "2005-05-04", "body": "H", "act": "passed", "mark": "p", "text": "Passed"}, {"date": "2005-07-01", "body": "G", "act": "signed", "mark": "p", "text": "Signed"}, {"date": "", "body": "L", "act": "law", "text": "Chapter 210, in effect Jul 1, 2006", "mark": "p"}], "rail": [{"stop": "Introduced", "mark": "p", "date": "2005-02-24", "say": "Introduced"}, {"stop": "Senate", "mark": "p", "date": "2005-03-31", "say": "Passed with an amendment on a voice vote"}, {"stop": "House", "mark": "p", "date": "2005-05-04", "say": "Passed"}, {"stop": "Governor", "mark": "p", "date": "2005-07-01", "say": "Signed"}, {"stop": "Law", "mark": "p", "date": "2006-07-01", "say": "Chapter 210, in effect Jul 1, 2006"}]}, "text_url": "", "facts": {"gen_status": "SIGNED BY GOVERNOR", "house_status": "PASSED/ADOPTED", "senate_status": "PASSED/ADOPTED WITH AMENDMENT"}, "sponsors": [{"member_id": "209043", "name": "Robert Flanders", "party": "R", "chamber": "S", "county": "", "district": "7", "label": "Sen. Robert Flanders (R - SD7)", "sequence": 0, "prime": true, "source": "bill text", "prime_inferred": true, "as_printed": "Sen. Flanders, Dist 7", "display_plain": "Sen. Robert Flanders", "display": "Sen. Robert Flanders (R)", "display_full": "Sen. Robert Flanders (R - SD7)", "district_label": "SD7", "sort": "flanders, robert", "slug": "robert-flanders-sd-7"}, {"member_id": "209049", "name": "Joseph Kenney", "party": "R", "chamber": "S", "county": "", "district": "3", "label": "Sen. Joseph Kenney (R - SD3)", "sequence": 1, "prime": false, "source": "bill text", "prime_inferred": true, "as_printed": "Sen. Kenney, Dist 3", "display_plain": "Sen. Joseph Kenney", "display": "Sen. Joseph Kenney (R)", "display_full": "Sen. Joseph Kenney (R - SD3)", "district_label": "SD3", "sort": "kenney, joseph", "slug": "joseph-kenney-sd-3"}, {"member_id": "209059", "name": "Peter Burling", "party": "D", "chamber": "S", "county": "", "district": "5", "label": "Sen. Peter Burling (D - SD5)", "sequence": 2, "prime": false, "source": "bill text", "prime_inferred": true, "as_printed": "Sen. Burling, Dist 5", "display_plain": "Sen. Peter Burling", "display": "Sen. Peter Burling (D)", "display_full": "Sen. Peter Burling (D - SD5)", "district_label": "SD5", "sort": "burling, peter", "slug": "peter-burling-sd-5"}, {"member_id": "209051", "name": "Bob Odell", "party": "R", "chamber": "S", "county": "", "district": "8", "label": "Sen. Bob Odell (R - SD8)", "sequence": 3, "prime": false, "source": "bill text", "prime_inferred": true, "as_printed": "Sen. Odell, Dist 8", "display_plain": "Sen. Bob Odell", "display": "Sen. Bob Odell (R)", "display_full": "Sen. Bob Odell (R - SD8)", "district_label": "SD8", "sort": "odell, bob", "slug": "bob-odell-sd-8"}, {"member_id": "376094", "name": "John Alger", "party": "R", "chamber": "H", "county": "Grafton", "district": "6", "label": "Rep. John Alger (R - Graf 6)", "sequence": 4, "prime": false, "source": "bill text", "prime_inferred": true, "as_printed": "Rep. Alger, Graf 6", "display_plain": "Rep. John Alger", "display": "Rep. John Alger (R)", "display_full": "Rep. John Alger (R - Graf 6)", "district_label": "Graf 6", "sort": "alger, john", "slug": "john-alger-graf-6"}, {"member_id": "376041", "name": "Betsey Patten", "party": "R", "chamber": "H", "county": "Carroll", "district": "4", "label": "Rep. Betsey Patten (R - Carr 4)", "sequence": 5, "prime": false, "source": "bill text", "prime_inferred": true, "as_printed": "Rep. Patten, Carr 4", "display_plain": "Rep. Betsey Patten", "display": "Rep. Betsey Patten (R)", "display_full": "Rep. Betsey Patten (R - Carr 4)", "district_label": "Carr 4", "sort": "patten, betsey", "slug": "betsey-patten-carr-4"}, {"member_id": "957", "name": "David Russell", "party": "R", "chamber": "H", "county": "Belknap", "district": "6", "label": "Rep. David Russell (R - Belk 6)", "sequence": 6, "prime": false, "source": "bill text", "prime_inferred": true, "as_printed": "Rep. Russell, Belk 6", "display_plain": "Rep. David Russell", "display": "Rep. David Russell (R)", "display_full": "Rep. David Russell (R - Belk 6)", "district_label": "Belk 6", "sort": "russell, david", "slug": "david-russell-belk-5"}, {"member_id": "409", "name": "Daniel Eaton", "party": "D", "chamber": "H", "county": "Cheshire", "district": "2", "label": "Rep. Daniel Eaton (D - Ches 2)", "sequence": 7, "prime": false, "source": "bill text", "prime_inferred": true, "as_printed": "Rep. Daniel Eaton, Ches 2", "display_plain": "Rep. Daniel Eaton", "display": "Rep. Daniel Eaton (D)", "display_full": "Rep. Daniel Eaton (D - Ches 2)", "district_label": "Ches 2", "sort": "eaton, daniel", "slug": "daniel-eaton-ches-9"}], "rollcalls": [{"date": "2005-03-31", "body": "S", "question": "Ought to Pass with Amendment", "mover": "", "yeas": null, "nays": null, "passed": true, "vote_kind": "VV", "vote_kind_label": "voice vote", "threshold_note": null, "tally": {}, "members": [], "amendment": null, "mk": "otpa", "mf": {}}], "stations": [{"when": "2005-03-23", "time": "08:35", "what": "hearing", "committee": "Transportation and Interstate Cooperation", "body": "S", "venue": "SH 100", "video_id": "", "watch": null, "predicted": "", "start": null, "state": "prestream", "tolerance": null, "short": false, "end": null, "end_stated": false, "end_from": null, "candidate": null, "start_stated": false, "said_how": null, "end_stated_cluster": false}, {"when": "2005-04-19", "time": "10:00", "what": "hearing", "committee": "Resources, Recreation and Development", "body": "H", "venue": "RM303,LOB", "video_id": "", "watch": null, "predicted": "", "start": null, "state": "prestream", "tolerance": null, "short": false, "end": null, "end_stated": false, "end_from": null, "candidate": null, "start_stated": false, "said_how": null, "end_stated_cluster": false}, {"when": "2005-04-26", "time": "10:00", "what": "subcommittee work session", "committee": "Resources, Recreation and Development", "body": "H", "venue": "RM305,LOB <Rep Dickinson>", "video_id": "", "watch": null, "predicted": "", "start": null, "state": "prestream", "tolerance": null, "short": false, "end": null, "end_stated": false, "end_from": null, "candidate": null, "start_stated": false, "said_how": null, "end_stated_cluster": false}], "reports": [{"bill": "SB226", "title": "relative to the regulation of snowmobiles and off highway recreational vehicles", "majority_recommendation": "OUGHT TO PASS", "minority_recommendation": null, "reports": [{"side": "Committee", "author": "Rep. Christopher R. Irish", "committee": "Resources, Recreation and Development", "vote_yeas": 17, "vote_nays": 2, "text": "The committee understands there is some confusion regarding current regulations relative to OHRV and snowmobile use in the state. The committee agrees that one way to help clarify OHRV regulation is to separate snowmobiles from under the OHRV designation. This new section RSA 215-C, will begin the process of clarifying the differences between certain types of vehicles and the need for separate statutory regulation of each. This bill adds a new section entitled \"SNOWMOBILES\" and simple copies existing regulations into the new section. No current authority or responsibility of the Department of Resources and Economic Development or the Fish and Game Department will be changed."}], "source": "House Calendar 37, 2005", "date": "2005-04-29", "dated": "printed", "cite": "HC 37", "cite_url": "https://gc.nh.gov/house/calendars_journals/viewer.aspx?fileName=calendars%5C2005%5CNo%2037%20April%2029%202005.pdf"}], "docket_reports": [{"date": "2005-03-24", "dated": "recorded", "body": "S", "committee": "Transportation and Interstate Cooperation", "side": "", "recommendation": "OUGHT TO PASS WITH AMENDMENT", "vote_yeas": null, "vote_nays": null, "amendment": "0878", "new_title": false, "cite": "SC 13", "cite_url": "https://gc.nh.gov/senate/calendars_journals/viewer.aspx?fileName=Calendars%5C2005%5CSC%2013.pdf"}], "report_actions": [], "veto_message": null, "bill_note": null, "subject": "Miscellaneous", "subject_source": "granite record", "house_committee": "Resources, Recreation and Development", "senate_committee": "Transportation and Interstate Cooperation", "lsr": "2005-667", "docket_url": "https://gc.nh.gov/bill_status/legacy/bs2016/bill_docket.aspx?lsr=667&sy=2005&txtsessionyear=2005&txtbillnumber=sb226&sortoption=billnumber", "documents": [{"label": "Bill status page", "url": "https://gc.nh.gov/bill_status/legacy/bs2016/Bill_status.aspx?lsr=667&sy=2005&txtsessionyear=2005&txtbillnumber=sb226&sortoption=billnumber", "kind": "status"}, {"label": "Docket", "url": "https://gc.nh.gov/bill_status/legacy/bs2016/bill_docket.aspx?lsr=667&sy=2005&txtsessionyear=2005&txtbillnumber=sb226&sortoption=billnumber", "kind": "docket"}, {"label": "SC 11", "url": "https://gc.nh.gov/senate/calendars_journals/viewer.aspx?fileName=Calendars%5C2005%5CSC%2011.pdf", "kind": "record"}, {"label": "SC 13", "url": "https://gc.nh.gov/senate/calendars_journals/viewer.aspx?fileName=Calendars%5C2005%5CSC%2013.pdf", "kind": "record"}, {"label": "House Calendar 37, 2005, committee report", "url": "https://gc.nh.gov/house/calendars_journals/viewer.aspx?fileName=calendars%5C2005%5CNo%2037%20April%2029%202005.pdf", "kind": "report"}], "amendments": [{"num": "0878", "kind": "Committee Amendment", "where": "committee", "date": "2005-03-31", "body": "S", "adopted": true, "vote_kind": "VV", "mover": "", "proposed_by": "", "text": "", "source": "", "targets": [], "supersedes": []}, {"num": "1534", "kind": "Enrolled Bill Amendment", "where": "enrolment", "date": "2005-06-09", "body": "S", "adopted": true, "vote_kind": "", "mover": "", "proposed_by": "", "text": "", "source": "", "targets": [], "supersedes": []}], "billtext": {"version": "Final version", "title": "", "analysis": "This bill establishes separate statutory regulation of snowmobiles and off highway recreational vehicles (OHRVs), but does not change the current authority or responsibility of the department of resources and economic development nor the fish and game department.", "body": "03/31/05 0878s\n\n06/09/05 1534eba\n\nBe it Enacted by the Senate and House of Representatives in General Court convened:\n\n210:1 New Chapter; Snowmobiles. Amend RSA by inserting after chapter 215-B the following new chapter:\n\nCHAPTER 215-C\n\nSNOWMOBILES\n\n215-C:1 Definitions. As used in this chapter unless the context clearly indicates otherwise, the following words and phrases shall have the following meanings:\n\nI. \u201cAccompanied by,\u201d or \u201caccompany\u201d means when a person is within sight and when actual physical direction and control can be effected.\n\nII. \u201cAntique snowmobile\u201d means any snowmobile manufactured prior to the year 1969 or 25 or more years old owned by a resident of the state.\n\nIII. \u201cBureau\u201d means the bureau of trails in the department of resources and economic development.\n\nIV. \u201cCowl\u201d means the forward portion of a snowmobile surrounding the motor.\n\nV. \u201cDealer\u201d means a person in the snowmobile or OHRV business who sells snowmobiles to the general public, or demonstrates for sale snowmobiles on consignment to the general public. There shall be a rebuttable presumption that any person who sells or who acts as an agent of a seller for 5 or more snowmobiles at retail to the general public in a consecutive 12-month period is a retail snowmobile dealer. For the purpose of this definition, this shall include retail snowmobile dealers and wholesale snowmobile dealers.\n\nVI. \u201cExecutive director\u201d means the executive director of the fish and game department.\n\nVII. \u201cOff highway recreational vehicle\u201d means any mechanically propelled vehicle used for pleasure or recreational purposes running on rubber tires, tracks, or cushion of air and dependent on the ground or surface for travel, or other unimproved terrain whether covered by ice or snow or not, where the operator sits in or on the vehicle. All legally registered motorized vehicles when used for off highway recreational purposes shall fall within the meaning of this definition; provided that, when said motor vehicle is being used for transportation purposes only, it shall be deemed that said motor vehicle is not being used for recreational purposes. For purposes of this chapter \u201coff highway recreational vehicle\u201d shall be abbreviated as OHRV. \u201cOff highway recreational vehicles\u201d shall not include snowmobiles as defined in this chapter.\n\nVIII. \u201cOperate,\u201d in all its moods and tenses, when it refers to a snowmobile, means to use that vehicle in any manner for transportation.\n\nIX. \u201cOperator\u201d means a person riding on or in, and who is in actual physical control of, a snowmobile or OHRV.\n\nX. \u201cOwner\u201d means any person, other than a lienholder, having title to a snowmobile.\n\nXI. \u201cPublic water\u201d means any public body of water as defined by RSA 271:20 which has been frozen over and is sufficient to hold any person or vehicle, whatsoever. Such public waters shall be deemed a public way and any violation shall be treated as if it took place on land.\n\nXII. \u201cPublic way\u201d means any public highway, street, sidewalk, avenue, alley, park or parkway, or any way that is funded by state, city, town, county, or the federal government, or laid out by statute, or any parking lots open for use by the public or vehicular traffic, or any frozen surface of a public body of water; provided, however, the off highway portion of any trail established specifically for snowmobiles shall not be a public way.\n\nXIII. \u201cRental agent\u201d means a person licensed under RSA 215-C:45 or RSA 215-A:26 accepting money or other valuable consideration for the temporary use of snowmobiles, provided to members of the general public.\n\nXIV. \u201cResident\u201d means a citizen of the United States who has lived and made his or her home continuously within the state not less than 6 months prior to his or her application for registration of a snowmobile and has not during that period claimed a residence in any other state for any purpose.\n\nXV. \u201cSnowmobile\u201d means any vehicle propelled by mechanical power that is designed to travel over ice or snow supported in part by skis, tracks, or cleats. Only vehicles that are no more than 54 inches in width and no more than 1200 pounds in weight shall be considered snowmobiles under this chapter. \u201cSnowmobiles\u201d shall not include OHRVs as defined in RSA 215-A.\n\nXVI. \u201cSnowmobile club\u201d means an organized, dues-paying group of snowmobile users with bylaws, registered with the secretary of state as a nonprofit organization.\n\nXVII. \u201cSnowmobile or OHRV training program,\u201d \u201cSnowmobile or OHRV safety training course,\u201d or \u201cSnowmobile or OHRV safety education program\u201d means a course of instruction approved or recognized by the department of fish and game as appropriate for a certain type or types of snowmobiles, that sufficiently covers proper operation, safety, laws and regulations, penalties, equipment maintenance, and other related matters pertaining to such type or types of snowmobiles. At the discretion of the executive director, training or education programs for snowmobiles and for OHRVs may be combined.\n\nXVIII. \u201cSnowmobile trails maintenance vehicle\u201d means any mechanically-propelled vehicle used to maintain snowmobile trails or cross country ski trails, classified by the chief of the bureau of trails. When such vehicle is registered as a snowmobile trails maintenance vehicle, it shall not be\n\nused for recreational purposes.\n\nXIX. \u201cTraveled portion\u201d means all areas of a public highway between the plowed snowbanks.\n\nXX. \u201cTrail connector\u201d means that specific portion of an snowmobile trail or cross country ski trail on which a snowmobile trail maintenance vehicle may operate authorized within a state highway right-of-way by the department of transportation.\n\nXXI. \u201cYouth model snowmobile\u201d means a snowmobile that is equipped with an internal combustion engine with a maximum piston displacement of 125 cubic centimeters.\n\n215-C:2 Bureau Responsibilities.\n\nI. The bureau of trails, established in RSA 215-A:2, shall have the responsibility to provide coordination between the department of resources and economic development, division of forests and lands, the fish and game department, and the department of transportation, with respect to matters pertaining to snowmobiles and OHRVs.\n\nII. In addition, this bureau shall administer the funds provided the department of resources and economic development for the snowmobile and OHRV program; act as liaison between landowners and snowmobile and OHRV users; work with organized clubs in the support of the snowmobile and OHRV sport; supervise the production of publications produced by the department of resources and economic development relating to regulations and information on trails; maintain up-to-date information and data relative to new snowmobile and OHRV machinery, equipment, national standards, and safety; and assist where required in any training programs that may be established.\n\nIII. The bureau shall be further responsible for coordinating efforts in obtaining easements and rights-of-way, in establishing trails and trail facilities, and any other similarly related tasks that may be required as a responsibility of the department of resources and economic development in relation to snowmobiles and OHRVs. The bureau may, with governor and council approval, acquire by purchase, gift, or devise any land for snowmobile and OHRV trails or facilities.\n\nIV. The bureau shall also have the responsibility to make or participate in a continuing study on the effects of snowmobile and OHRV operations on erosion and other damage to the environment. If other state agencies are involved in an overall study of this nature, the bureau shall cooperate with such agencies, and maintain a record of all findings that pertain to snowmobiles.\n\nV. The bureau shall also have the following duties:\n\n(a) Provide the planning, development, and maintenance of the state trail system.\n\n(b) Promote the proper use of trails throughout the state, and protect their integrity for future generations.\n\n(c) Encourage the use of trails for educational purposes through the use of signs, published material, and trail adoption programs.\n\n(d) Coordinate the development of the New Hampshire Heritage Trail designated in RSA 216-A:11.\n\n(e) Administer the New Hampshire conservation corps established in RSA 216-A:7.\n\n(f) Obtain and administer any federal funds appropriated for the purposes of this chapter.\n\n(g) Assist communities with their trail programs.\n\n(h) Support research and information gathering activities on the economic benefits of trails and improved environmental design of trails.\n\n(i) Coordinate the efforts of motorized and non-motorized trail interests in the state.\n\n(j) Maintain a list of recognized snowmobile clubs.\n\nVI. The chief supervisor of the bureau may make recommendations concerning RSA 215-C:3 and such rules as the chief supervisor feels may be necessary for the use and control of snowmobile trails, facilities, and lands under bureau control or lease to the commissioner of the department of resources and economic development. The commissioner may adopt such recommendations as rules as provided in RSA 215-C:3. A person who fails to observe rules adopted under RSA 215-C:3 shall be subject to the same penalties provided for in other sections of this chapter.\n\nVII. The supervisor of the bureau shall receive all written requests from persons applying for permission to establish a highway trail crossing or trail connector on any class I, class II, or class III highway for any snowmobile trail or cross country ski trail on which a snowmobile trail maintenance vehicle may operate. The requests shall be submitted by the supervisor to the commissioner of the department of transportation or the commissioner\u2019s representative for the department\u2019s approval or disapproval. If approval is granted, the commissioner of the department of transportation may post the area with appropriate signs designating the location of the trail crossing or trail connector and providing signs for both sides of the highway at an appropriate distance from the crossing or trail connector to warn the motoring public of the crossing or trail connector.\n\nVIII. The state treasurer shall keep all money appropriated to the department of resources and economic development for the bureau from the registration of snowmobiles in a special fund to be known as the snowmobile and OHRV fund. At the close of each fiscal year any unexpended balance shall be carried forward and added to the appropriation for the subsequent year.\n\nIX. The bureau may make application to the commissioner of transportation for a permit in writing to allow snowmobiles to operate on or across certain bridges of class I, II, and III highways when such operation is necessary for gaining access to established trails or to events being developed or held in conjunction with established snowmobile club activities. The commissioner of transportation may issue or deny such permits. A permit shall specify the type of snowmobiles to be allowed, the permitted dates and hours of operation, and shall require the bureau to erect and maintain all signs required under the terms of the permit. Any person operating a snowmobile on or across a bridge under this paragraph shall do so at his or her own risk. Said person shall keep to the extreme right side of the bridge and shall yield to all oncoming vehicular traffic.\n\nX. The commissioner of the department of resources and economic development and the executive director of the department of fish and game shall each submit an annual report to the chairpersons of the fish and game committee, the resource, recreation and development committee, the transportation committee, the ways and means committee, and any other appropriate committee of the house of representatives, the chairpersons of the environment and wildlife committee, the ways and means committee, and any other appropriate committee of the senate, and the state library which details their agencies\u2019 activities relating to snowmobile and OHRV programs during the previous year. Such report shall include, but not be limited to, as applicable to each agency\u2019s responsibility, registration revenues, an accounting of all existing snowmobile-related funds, accounts, and subaccounts, disbursements made from each fund, account, or subaccount where applicable, and use of disbursed funds, condition of trails, results of the continuing study on environmental damage by snowmobiles under paragraph IV, and state and contracted or otherwise known local enforcement actions taken. Each report shall be submitted on or before January 15 of each year and shall be made available to the public in a manner deemed appropriate by each reporting agency.\n\n215-C:3 Rulemaking. The commissioner of the department of resources and economic development, as a member of the bureau of trails, shall adopt rules under RSA 541-A relative to:\n\nI. The use and control of snowmobile trails, facilities, and lands under bureau control or lease; and\n\nII. Complete and specific procedures relative to the distribution of and requirements for obtaining funds from the grant-in-aid program established under RSA 215-C:39, VII.\n\n215-C:4 Frozen Surface of a Public Body of Water; Back Lake Speed Limit.\n\nI. The use of any frozen surface of any public body of water by the owner or operator of any snowmobile, shall be done at his or her own risk; and any accident resulting shall not be a legal responsibility of any town, city, or the state. The executive director may, in the interest of public safety, close temporarily to any motorized vehicle all or any part of any frozen surface of a public body of water, for use by the public, except for fishing on foot.\n\nII. No person shall operate any snowmobile in excess of 35 miles per hour during night hours, on the frozen surface of Back Lake in the town of Pittsburg. In this section, \u201cnight hours\u201d means the hours between 1/2 hour after sunset and 1/2 hour before sunrise. Any person who violates this paragraph shall be guilty of a violation.\n\n215-C:5 Limitation on Use of Lake or Pond Used by Ice Fishermen. No person shall operate a snowmobile upon any lake or pond being used by ice fishermen closer than 150 feet to any occupied so-called bob-house, fishing shanty, or fishing hole, unless done at a speed in conformity with RSA 215-C:8, III. The provisions of this section shall not apply to any person engaged in emergency rescue operations or public service of any description.\n\n215-C:6 Vehicles on Sand Dunes Prohibited. The provisions of RSA 482-A:3, VIII and IX shall apply, relative to the operation of snowmobiles and mechanized or off highway recreational vehicles.\n\n215-C:7 Operation on Open Water Prohibited. No person shall knowingly operate a snowmobile on open water, also known as skimming. In this section, \u201copen water\u201d means any area of an inland water body that is free of ice and snow. This section shall not apply to events as permitted pursuant to RSA 215-C:50.\n\n215-C:8 Operation of Snowmobiles.\n\nI. It is unlawful to operate any snowmobile during the period from 1/2 hour after sunset to 1/2 hour before sunrise without displaying at least one lighted headlight and one lighted taillight.\n\nII. No person shall operate a snowmobile upon any portion of the right of way of any public way including the traveled portion of a maintained public way except as provided in this chapter.\n\nIII.(a) No person shall operate a snowmobile at a speed greater than is reasonable and prudent under the existing conditions and without regard for actual and potential hazards. In all cases speed shall be controlled so that the operator will be able to avoid colliding with any person, vehicle, or object.\n\n(b) Where no hazards exist which would require a lower speed to comply with subparagraph (a), the speed of any snowmobile in excess of the limit specified in this section shall be prima facie evidence that the speed is not reasonable or prudent and that it is unlawful:\n\n(1) 10 miles per hour within 150 feet of any so-called bob-house, fishing shanty, or occupied fishing hole of another.\n\n(2) 10 miles per hour on class I through VI highways when the snowmobile is being operated within the rights-of-way adjacent to such highways; town or city sidewalks; class IV, V, and VI highways approved for snowmobile operation; and bridges open for snowmobile operation.\n\n(3) 10 miles per hour at trail junctions or parking lots, or when passing trail grooming equipment.\n\n(4) 15 miles per hour on plowed roads on department of resources and economic development property open to snowmobile operation.\n\n(5) 35 miles per hour on all trail connectors.\n\n(6) 45 miles per hour when operating a snowmobile or OHRV on any approved snowmobile trail.\n\n(c) The prima facie speed limits set forth in subparagraph (b) may be altered for a specific hazard.\n\n(d) The driver of every snowmobile shall, consistent with the requirements of subparagraph (a), drive at an appropriate reduced speed when approaching and crossing an intersection or railway grade crossing, when approaching and going around a curve, when approaching a hillcrest, when traveling upon any narrow or winding trail, and when a special hazard exists with respect to pedestrians or other traffic by reason of weather or trail conditions.\n\nIV. It is unlawful to operate any snowmobile so as to endanger any person or damage any property.\n\nV. When meeting, the operators of snowmobiles or OHRVs shall reasonably turn to the right and reduce speed to avoid collision.\n\nVI. No person shall operate a snowmobile within the limits of any railroad right of way where the rails are still intact unless otherwise posted, except in any emergency pursuant to the provisions of RSA 215-C:9, VI; provided, however, a snowmobile may be driven upon the right of way of any railroad for a crossing of the tracks at their intersection with an authorized trail, road, or highway where a snowmobile is not otherwise prohibited. Any person violating the provisions of this paragraph shall be guilty of a violation for the first offense and shall be guilty of a misdemeanor for any subsequent offense.\n\nVII. No person shall operate a snowmobile upon any airport runway or landing field, or within cemeteries, except in an emergency pursuant to the provisions of RSA 215-C:9, VI. Any person violating the provisions of this paragraph shall be guilty of a violation for the first offense and shall be guilty of a misdemeanor for any subsequent offense.\n\nVIII. No person shall operate a snowmobile on the right of way of any public way classified as a class I highway and designated as an interstate highway, toll road, or limited access highway.\n\nIX. Pursuant to RSA 215-C:31, city or town councils and boards of selectmen may authorize the use of sidewalks and class IV, class V, or class VI highways and bridges, or portions thereof, for use by snowmobiles. The operation of snowmobiles may also be allowed on sidewalks adjacent to class I, II, III, or III-a highways pursuant to RSA 236:56, II(e). Operators of snowmobiles using said roads, or portions thereof, shall keep to the extreme right and shall yield to all conventional motor vehicle traffic. The bureau, or its designee, shall so post such highways where authorized. Following a duly noticed public hearing, except in the case of an emergency closure, such city or town authorities may change the allowable usage of a class IV, class V, or class VI highway by snowmobiles by giving notification to the supervisor of the bureau and removing any signs that no longer apply.\n\nX. A person may operate a snowmobile across any public way where the operation of said snowmobile is not otherwise prohibited by law, but said person shall comply with the following provisions:\n\n(a) The crossing shall be made at an angle of approximately 90 degrees to the direction of the public way and at a place where no obstruction prevents a quick and safe crossing;\n\n(b) The operator shall bring the snowmobile to a complete stop before crossing the shoulder or, if none, the public way, before proceeding;\n\n(c) The operator shall yield the right of way to all motor vehicle traffic on such public way which constitutes an immediate hazard to such crossing; and\n\n(d) The operator shall possess a valid motor vehicle driver\u2019s license or shall have successfully completed the approved snowmobile or OHRV safety training course.\n\nXI. No person shall operate a snowmobile on the traveled portion of any public way classified as a class I, class II, class III, class III-a, class IV, class V, or class VI highway, where said highway is maintained for winter use by conventional motor vehicles, except as specifically provided in paragraphs IX and X, and in accordance with paragraph XII.\n\nXII. In those instances where a municipality does not maintain a class IV, class V, or class VI highway for winter use by conventional motor vehicles, the city or town council or board of selectmen may authorize the use of such a highway by snowmobiles; or, alternatively, it may authorize dual use of such highway by snowmobiles and by those conventional highway vehicles that are being used solely for access to property abutting such highway. Vehicles of any type being used for law enforcement, firefighting, rescue, and road maintenance shall have unrestricted access to such highways in either case. The bureau or its designee shall post said highways in accordance with the status established by municipal authorities as provided in this paragraph. Following a duly noticed public hearing, except in the case of an emergency closure, such authorities may change the status of a highway by giving notification to the supervisor of the bureau and removing any signs that no longer apply.\n\nXIII. Notwithstanding any other provision of law, a snowmobile may be operated within the right-of-way of a public way across a bridge when operated in accordance with a permit issued by the commissioner of public works and highways pursuant to RSA 215-C:2, IX.\n\n215-C:9 Limitations of Snowmobile Operation on Class I, II, and III Highways. The provisions of RSA 236:56 shall apply to all snowmobiles as herein defined with the following exceptions:\n\nI. Highway crossings for established snowmobile trails may be granted pursuant to RSA 215-C:2, VII.\n\nII. No direct crossing of interstate highways or toll roads shall be permitted.\n\nIII. No direct crossings of limited access highways, except those highways designated as controlled access highways by the commissioner of the department of transportation, shall be permitted.\n\nIV. Pursuant to RSA 215-C:2, VII, the commissioner of the department of transportation may issue written permission to the supervisor of the bureau to establish snowmobile trail crossings either under or over interstate, toll, or limited access highways.\n\nV. The policy governing any snowmobile, trail connector, or trail crossing within class I, II, and III highway rights-of-way shall be as determined by the commissioner of the department of transportation.\n\nVI. When travel by conventional motor vehicles is not possible during a period of emergency declared by the appropriate authority having jurisdiction, a snowmobile may be operated on any portion of an interstate highway, toll road, limited access highway, public highway, or any other restricted area; provided, that the operator of the vehicle has received the specific authority of an officer authorized to enforce the provisions of this chapter to so operate.\n\n215-C:10 Limitations of Snowmobile Operation on Class I, II, III, and III-a Highways.\n\nI. A person shall not operate a snowmobile on the traveled portions or the plowed snowbanks adjacent to class I, class II, class III, or class III-a highways.\n\nII. Notwithstanding any provisions of the law to the contrary, a person may operate a snowmobile on a class I, class II, class III, or class III-a highway that is not maintained for winter use by conventional motor vehicles; provided, however, that if a class I, class II, class III, or class III-a highway is not maintained for winter use by conventional motor vehicles and said highway is opened for a snowmobile trail, said highway shall be so posted and conventional motor vehicle traffic prohibited. The commissioner of the department of transportation, upon notification to the supervisor of the bureau, may open at any time a class I, class II, or class III highway which has been closed for conventional motor vehicle use.\n\nIII. A person may operate a snowmobile when snow conditions permit, on separate bicycle trails or pedestrian walkways constructed for such purposes by the department of transportation on the interstate highways, toll roads, or limited access highways, if the trails and walkways are designated and maintained as approved snowmobile trails by the bureau and if such designation and maintenance is approved by the commissioner of the department of transportation.\n\n215-C:11 Operating a Snowmobile While Intoxicated or Under Influence of Drugs.\n\nI. No person shall drive, operate, or attempt to operate a snowmobile:\n\n(a) While he or she is under the influence of intoxicating liquor or any controlled drug or any combination of intoxicating liquor and controlled drugs; or\n\n(b) While the person has an alcohol concentration of 0.08 or more or, in the case of a person under the age of 21, 0.02 or more.\n\nII. A person shall be guilty of aggravated driving while intoxicated if such person drives, operates, or attempts to operate a snowmobile:\n\n(a) While under the influence of intoxicating liquor or any controlled drug or any combination of intoxicating liquor and controlled drug and, at the time alleged:\n\n(1) Causes a snowmobile collision resulting in serious bodily injury, as defined in RSA 625:11, VI, to the person or another; or\n\n(2) Attempts to elude pursuit by a law enforcement officer by increasing speed, extinguishing headlamps while still in motion, or abandoning the snowmobile while being pursued; or\n\n(3) Carries as a passenger a person under the age of 16;\n\n(b) While having an alcohol concentration of 0.08 or more, or, in the case of a person under the age of 21, 0.02 or more and, at the time alleged:\n\n(1) Causes a snowmobile collision resulting in serious bodily injury, as defined in RSA 625:11, VI, to the person or another; or\n\n(2) Attempts to elude pursuit by a law enforcement officer by increasing speed, extinguishing headlamps while still in motion, or abandoning the snowmobile while being pursued; or\n\n(3) Carries as a passenger a person under the age of 16;\n\n(c) While having an alcohol concentration of 0.16 or more.\n\nIII. Upon complaint, information, indictment, or trial of any person charged with a violation of this section, the court may admit evidence obtained under RSA 215-C:12 of the amount of drugs in the defendant\u2019s blood or the defendant\u2019s alcohol concentration as defined in RSA 259:3-b at the time alleged, as shown by chemical, infrared molecular absorption or gas chromatograph test or tests of his or her breath, urine, or blood.\n\nIV.(a) Any person who is convicted of a violation of paragraph I shall be subject to the same penalties as a person convicted of a violation of RSA 265:82 as specified in RSA 265:82-b.\n\n(b) Any person who is convicted of a violation of paragraph II shall be subject to the same penalties as a person convicted of a violation of RSA 265:82-a as specified in RSA 265:82-b.\n\n215-C:12 Implied Consent of Operator of Snowmobile to Submit to Testing to Determine Alcohol Concentration. Any person who drives, operates or attempts to operate a snowmobile in this state shall be deemed to have given consent to physical tests and examinations for the purpose of determining whether the person is under the influence of intoxicating liquor or controlled drugs, and to a chemical, infrared molecular absorption or gas chromatograph test or tests of any or all of any combination of the following: blood, urine, or breath for the purpose of determining the controlled drug content of the person\u2019s blood or alcohol concentration if arrested for any offense arising out of acts alleged to have been committed while the person was driving, operating, attempting to operate or in actual physical control of a snowmobile while under the influence of intoxicating liquor or controlled drugs or while having an alcohol concentration of 0.08 or more or, in the case of a person under the age of 21, 0.02 or more. The test or tests shall be administrated at the direction of a peace officer having reasonable grounds to believe the person to have been driving, operating, attempting to operate or in actual physical control of an snowmobile in this state while under the influence of intoxicating liquor or controlled drugs or while having an alcohol concentration of 0.08 or more or, in the case of a person under the age of 21, 0.02 or more. A copy of the report of any such test shall be furnished by the law enforcement agency to the person tested within 48 hours of receipt of the report by the agency by certified mail directed to the address shown on such person\u2019s license or other identification furnished by the person. Results of a test of the breath shall be furnished immediately in writing to the person tested by the law enforcement officer conducting the test.\n\n215-C:13 Refusal of Consent. If a person under arrest for any violation or misdemeanor under RSA 215-C refuses, upon request of a law enforcement officer to submit to physical tests or to a test of blood, urine, or breath designated by the officer as provided in RSA 215-C:12, none shall be given, but such person shall be subject to the same penalties described in RSA 265:92.\n\n215-C:14 Evidence. Upon complaint, information, indictment, or trial of any person charged with a violation of the provisions of this chapter relative to the operation of snowmobiles by a person under the influence of intoxicating liquor or a controlled drug, the court may admit evidence in the same manner as permitted by RSA 265:89.\n\n215-C:15 Administration of Blood Alcohol Content Tests. Alcohol concentration tests performed as authorized in this chapter shall be conducted pursuant to the requirements of RSA 265:85.\n\n215-C:16 Additional Tests. The provisions of RSA 265:86 shall apply to any person to whom RSA 215-C:12 is applicable.\n\n215-C:17 Effect of Evidence of Test for Alcohol Concentration. The provisions of RSA 215-C:11 - RSA 215-C:26 shall not limit the introduction of any other competent evidence bearing on the question of whether a person charged with the violation of RSA 215-C:11 was under the influence of intoxicating liquor or controlled drugs.\n\n215-C:18 Evidence of Refusal to Take Test for Alcohol Concentration. If a person refuses to submit to a test as provided in RSA 215-C:12, such refusal may be admissible into evidence in a civil or criminal action or proceeding arising out of an act alleged to have been committed by that person while operating or attempting to operate a snowmobile while under the influence of intoxicating liquor or any controlled drug or any combination of intoxicating liquor or controlled drug.\n\n215-C:19 Official Record of Tests. The provisions of RSA 265:90 shall govern the official record of tests conducted pursuant to this chapter.\n\n215-C:20 Preliminary Breath Tests. The provisions of RSA 265:92-a shall govern preliminary breath tests conducted pursuant to RSA 215-C:11.\n\n215-C:21 Annulment; Plea Bargaining. The provisions of RSA 265:82-c, relative to annulment and plea bargaining, shall apply to any person arrested for a violation of RSA 215-C:11.\n\n215-C:22 Payment of All Obligations Prior to Restoration or Renewal. The provisions of RSA 265:82-d, relative to payment of all obligations prior to restoration or renewal, shall apply to any person convicted of a violation of RSA 215-C:11.\n\n215-C:23 Arrest Without a Warrant. Notwithstanding any other provision of the law to the contrary, a law enforcement officer may, without a warrant, arrest any person involved in a snowmobile accident when the officer has probable cause to believe that such person has violated the provisions of RSA 215-C:11, RSA 215-A:11, RSA 265:82, or RSA 265:82-a.\n\n215-C:24 Blood Testing on Certain Snowmobiles Fatalities. The provisions of RSA 265:93, relative to blood testing of certain motor vehicle fatalities, shall be complied with when a snowmobile accident results in the death of or serious bodily injury to any person.\n\n215-C:25 Incapacity to Give Consent. Any person who is dead, unconscious, or who is otherwise in a condition rendering him or her incapable of refusing shall be deemed not to have withdrawn the consent provided by RSA 215-C:12 and the test or tests may be administered. The provisions of RSA 215-C:26 shall not apply to persons incapable of giving consent as provided for in this section.\n\n215-C:26 Prerequisites to Tests.\n\nI. Before any test specified in RSA 215-C:12 is given, the law enforcement officer shall:\n\n(a) Inform the arrested person of his or her right to have a similar test or tests made by a person of his other own choosing;\n\n(b) Afford him or her an opportunity to request such additional test; and\n\n(c) Inform him or her of the consequences of his or her refusal to permit a test at the direction of the law enforcement officer.\n\nII. If the law enforcement officer fails to comply with the provisions of this section, the test shall be inadmissible as evidence in any proceeding before any administrative officer and court of this state.\n\n215-C:27 Administrative License Suspension.\n\nI. If a person refuses a test as provided in RSA 215-C:13 or submits to a test described in RSA 215-C:12 which discloses an alcohol concentration of 0.08 or more or, in the case of a person under the age of 21, 0.02 or more, such person shall be subject to an administrative license suspension as described in RSA 265:91-a. The law enforcement officer shall conform to the requirements of RSA 265:91-a provided, however, that the law enforcement officer shall have reasonable grounds to believe the arrested person had been driving, operating, or attempting to operate or was in actual physical control of a snowmobile while under the influence of intoxicating liquor or controlled drugs or while the arrested person has an alcohol concentration of 0.08 or more or, in the case of a person under the age of 21, 0.02 or more.\n\nII. Any person whose license has been suspended or revoked under this section may request an administrative review or a hearing pursuant to RSA 265:91-b, provided, however, that the law enforcement officer shall have reasonable grounds to believe the arrested person had been driving, operating, or attempting to operate or was in actual physical control of a snowmobile while under the influence of intoxicating liquor or controlled drugs or while the arrested person has an alcohol concentration of 0.08 or more or, in the case of a person under the age of 21, 0.02 or more.\n\nIII. Upon receipt of the sworn report of a law enforcement officer submitted under paragraph I, the department shall suspend the person\u2019s driver\u2019s license or privilege to drive as follows:\n\n(a) In the case of a refusal to take a test described in RSA 215-C:12, the suspension shall be for the period specified in RSA 265:92.\n\n(b) In the case of a person who submits to a test described in RSA 215-C:12, which discloses an alcohol concentration of 0.08 or more or, in the case of a person under the age of 21, 0.02 or more, the suspension shall be for:\n\n(1) Six months if there is no prior refusal under RSA 265:92, RSA 215-C:13, or RSA 215-A:11-b, no prior driving while intoxicated or aggravated driving while intoxicated convictions, and no prior administrative license suspension pursuant to RSA 265:91-a, RSA 215-A:11-q, or RSA 215-C:27.\n\n(2) Two years if there is a prior refusal under RSA 265:92, RSA 215-A:11-b, or RSA 215-C:13, or a prior driving while intoxicated or aggravated driving while intoxicated conviction, or a prior administrative suspension pursuant to RSA 265:91-a, RSA 215-A:11-q, or this section. If a license or driving privilege has been suspended under RSA 265:91-a, RSA 215-A:11-q, or this section and the person is also convicted on criminal charges arising out of the same event, both the suspension and court ordered revocation shall be imposed pursuant to RSA 265:91-c.\n\nIV. Any person whose license has been suspended or revoked under this section, after the administrative review or hearing, may appeal the decision as provided in RSA 265:91-d.\n\n215-C:28 Manufacturing Specification Requirements.\n\nI. No person shall sell, offer to sell, or operate in this state, a snowmobile manufactured after July 1, 1981, unless it meets the minimum safety standards for snowmobile product certification of the Snowmobile Safety and Certification Committee in effect at the time of its manufacture, including the standards covering seats, controls, brake systems, fuel systems, shields and guards, electrical systems and lighting, reflectors, handgrips, and general hazard requirements. Proof of compliance with the requirements of this section shall be in the form of certification by a qualified independent testing company which is not affiliated with the manufacturer and is approved by the executive director.\n\nII. No person shall sell, offer to sell, or operate in this state a snowmobile manufactured after January 1, 1973, which produces a sound level:\n\n(a) If manufactured between January 2, 1973, and June 30, 1978, inclusive, of 82 decibels or more on the \u201cA\u201d scale when measured in accordance with the provisions of the Society of Automotive Engineers Recommended Practice, J192a, \u201cExterior Sound Level for Snowmobiles;\u201d\n\n(b) If manufactured on or after July 1, 1978, of 73 decibels or more on the \u201cA\u201d scale when measured in accordance with the Society of Automotive Engineers Recommended Practice, J1161, \u201cOperational Sound Level Measurement Procedure for Snow Vehicles.\u201d\n\nIII. No person shall operate in this state any snowmobile which is designed, constructed, and sold solely for closed-course competition and is without a headlight and a taillight. The provisions of this paragraph shall not apply to snowmobiles operated at approved snowmobile competitions, or when the exhaust system is modified to comply with the provisions of paragraph IV and RSA 227-L:20.\n\nIV. No person shall modify the manufacturer\u2019s specified exhaust system of any snowmobile in any manner which will increase or amplify the noise emitted above that emitted by the original muffler.\n\n215-C:29 Snowmobiles Must be Submitted to Sound Tests.\n\nI. The operator or owner of any snowmobile shall, when required by any law enforcement officer, submit his or her vehicle to a sound test conducted according to the applicable provisions of RSA 215-C:28.\n\nII. The executive director may adopt sound level limits and test procedures to regulate sound emissions of snowmobiles not otherwise regulated in this chapter.\n\n215-C:30 Snowmobile Required Equipment.\n\nI. No person shall operate a snowmobile unless it is equipped with:\n\n(a) At least one, but not more than 2 headlights, all in working order, when operating at any time during the period from 1/2 hour after sunset to 1/2 hour before sunrise.\n\n(b) One or more rear taillights, all in working order, when operating at any time during the period from 1/2 hour after sunset to 1/2 hour before sunrise.\n\n(c) Adequate brakes in good working order sufficient to control the vehicle at all times. The brakes must be capable of stopping the vehicle within 40 feet at 20 miles per hour, or track to a standstill.\n\n(d) The current registration decal affixed to the snowmobile as required by this chapter.\n\n(e) Mufflers and an exhaust system which comply with the requirements of RSA 215-C:28.\n\nII. Any sled or trailer towed behind a snowmobile shall be equipped with reflectors and a rigid hitch such as a tow bar.\n\nIII. Any police officer or person authorized to make criminal arrests may stop and check any snowmobile in regard to any safety equipment, mufflers, brakes, lights and appropriate inspections pursuant to RSA 215-C:29.\n\n215-C:31 Regulations of Political Subdivisions.\n\nI. With bylaws or ordinances city or town councils and boards of selectmen may regulate the operation of snowmobiles within city or town limits, providing they do not conflict with provisions of this chapter.\n\nII. Speed limits for snowmobiles traveling on the frozen surface of Turtle Pond, also known as Turtle Town Pond, in the city of Concord shall not exceed 55 miles per hour.\n\nIII. Enforcement of paragraph II shall be the joint responsibility of the city of Concord and the state of New Hampshire.\n\nIV. The local legislative body of a municipality shall not by ordinance or resolution authorize the planning board to review and approve or disapprove site plans for the development, siting, maintenance, or use of trails on private property for snowmobiles, as defined in RSA 215-C:1.\n\n215-C:32 Enforcement.\n\nI. The provisions of this chapter shall be enforced by all duly authorized representatives of the department of fish and game and by every police and law enforcement officer including, but not limited to, members of the state police, sheriffs, deputy sheriffs, policemen, and constables and all persons empowered to make arrests in criminal cases.\n\nII. The commissioner of the department of resources and economic development shall appoint a chief supervisor of the bureau of trails, who shall have additional duties as state parks and forest security officer with authority under RSA 594. The commissioner of the department of resources and economic development shall, at his or her discretion, also appoint bureau of trail area\n\nsupervisors and foremen, who shall be peace officers for the purposes of RSA 594.\n\nIII. The commissioner of the department of resources and economic development may designate employees of the bureau as forest and park patrol officers. The chief supervisors appointed under paragraph II and RSA 215-A:16, II and the forest and park patrol officers shall have the authority of peace officers, as defined under RSA 594:1, to enforce the provisions of this chapter anywhere in the state and all rules of the department of resources and economic development on lands owned by, leased to, or under control of the department of resources and economic development. Forest and park patrol officers shall also have authority as peace officers under RSA 594:1 to enforce laws dealing with trespass, litter, breaking and entering, larceny, and vandalism on lands owned by, leased to, or otherwise being used by the state in connection with official recreational or snowmobile trails.\n\n215-C:33 Snowmobile Fines.\n\nI. The court or justice of any court in which a complaint for a violation of any law or any rule adopted pursuant to RSA 541-A, brought by a conservation officer of the New Hampshire fish and game department, is prosecuted shall remit the amount of any fine or forfeiture paid pursuant to such complaint as provided in RSA 206:34.\n\nII. The court or justice of any court in which a complaint for a violation of any law or rule adopted pursuant to RSA 541-A brought by a forest and park patrol officer of the department of resources and economic development is prosecuted shall, within 30 days after any fine or forfeiture is paid, remit the amount thereof to the commissioner of the department of resources and economic development; provided, however, that, from each fine collected by a municipal or district court, there shall be deducted $10 and 20 percent of that part of the fine which exceeds $10 and the same shall be continually appropriated to the department for the purposes of RSA 215-C:39, VI.\n\nIII. The court or justice of any court in which a complaint is prosecuted for a violation of this chapter, or any rule adopted pursuant to RSA 541-A under the authority of this chapter, brought by a local police officer, shall, within 30 days after any fine or forfeiture is paid, remit the amount of the fine or forfeiture to the local police department in whose service the police officer was acting; provided, however, that from each fine collected by a municipal or district court, there shall be deducted $10 and 20 percent of that part of the fine which exceeds $10.\n\n215-C:34 Penalties and Owner/Operator Responsibilities.\n\nI.(a) Unless otherwise provided, any person who violates this chapter or any rule relating thereto shall be guilty of a violation. In addition thereto, the operator or owner or both of any snowmobile shall be responsible and held accountable:\n\n(1) To the owner of any lands where trees, shrubs, or other property have been damaged as a result of travel over his or her premises by such vehicles.\n\n(2) For any damage incurred or for violations of this chapter committed by a person under the age of 18.\n\n(b) The executive director may revoke, after a hearing, the registration of any snowmobile and OHRV registered in the name of any person who violates this chapter or any rule relating thereto.\n\nII. Any person who, while operating or in charge of a snowmobile, shall refuse when requested by a police officer or person authorized to make criminal arrests to give his or her name and address or the name and address of the owner of such snowmobile or who shall give a false name and address, or who shall refuse or neglect to stop when signaled to stop by any police officer or any person authorized to make criminal arrests who is in uniform or who displays his or her badge conspicuously on the outside of his or her outer coat or garment, or who refuses on demand of such officer or person to produce his or her license to operate such vehicle or his or her certificate of registration, or to permit such officer or person to take the license or certificate in hand for the purpose of examination, or who refuses on demand of such officer or person to sign his or her name in the presence of such officer, or who refuses to surrender to the executive director or his or her duly authorized representative any license, registration certificate or number decal upon demand after suspension or revocation of the same, shall be guilty of a misdemeanor.\n\nIII. If any person shall mischievously take, drive, ride, or use any snowmobile, without the consent of the owner or person having control thereof, but not with the intent to steal the same, he or she shall be guilty of a misdemeanor.\n\nIV.(a) Notwithstanding any other provisions of law to the contrary, any snowmobile, operated by a minor in violation of any provision of this chapter or of any motor vehicle law, may be seized by a law enforcement officer and retained by such officer for up to a 24-hour period or until released to the owner upon payment of the cost of such seizure and retention.\n\n(b) Notwithstanding RSA 169-B and RSA 169-D, any minor who violates a provision of this chapter shall not be considered a delinquent or a child in need of services. Any minor who violates a provision of this chapter shall be guilty of a violation and may be punished by a fine for each offense, may have his or her snowmobile or OHRV safety training certification suspended for up to 6 months, and may be required to complete community service or to complete additional snowmobile safety training.\n\nV. A police officer may cause the removal and storage of a snowmobile if he or she has reason to believe any of the following:\n\n(a) The snowmobile has been left unattended on any public property for a period of greater than 48 hours.\n\n(b) The owner or legal occupant of private property has complained that a snowmobile has been abandoned on said private property for a period of greater than 48 hours.\n\n(c) The snowmobile is reported stolen, is apparently abandoned, is without proper registration, or is apparently unsafe to be driven.\n\n(d) The owner or custodian of the snowmobile is under arrest or otherwise incapacitated.\n\n(e) The snowmobile has been used in connection with a criminal offense.\n\nVI. No custodian or police officer shall be liable for damages to a snowmobile while it is in his or her custody under paragraph V, provided he or she exercises due care.\n\nVII. In addition to any other penalty imposed, any person who is convicted of violating any of the following statutes shall be assessed an administrative penalty of $200 to be paid to the department of fish and game, which shall forward such sum to the state treasurer for deposit in the fish and game fund:\n\n(a) Disobeying any person authorized to enforce the provisions of this chapter, as provided in RSA 215-C:32, by acting in a manner prohibited by paragraph II or any other provision of law.\n\n(b) RSA 215-C:11, relative to operating an snowmobile while intoxicated or under the influence of drugs.\n\n(c) RSA 215-C:13, relative to refusal of consent.\n\n(d) RSA 215-C:8, IV, relative to endangerment of any person or damage to any property.\n\n(e) RSA 215-C:49, XII, relative to failure to yield right of way.\n\nVIII. In addition to any other penalty imposed, any person who is convicted of violating any of the following statutes, and who has not already successfully completed a snowmobile training program, shall complete a snowmobile training program, at that person\u2019s own expense, within\n\n6 months of conviction. Any person who fails to successfully complete the snowmobile training program within 6 months may not legally register or reregister any snowmobile until such time as the snowmobile or OHRV training program is successfully completed:\n\n(a) Laws relative to speed limit or safe operation.\n\n(b) RSA 215-C:28 and RSA 215-C:29, relative to decibel limits on noise.\n\n215-C:35 Loaded Firearms Forbidden. No person shall carry on a snowmobile, or a trailer towed by same, any firearms unless said firearm is unloaded. This section shall not apply to law enforcement officers carrying firearms in the course of duty or to pistols carried under a permit issued pursuant to the authority of RSA 159.\n\n215-C:36 Registration.\n\nI. Registration of a snowmobile or OHRV does not constitute a license to operate the vehicle on private land. Any person operating a snowmobile upon the land of another shall stop and identify himself or herself upon the request of the landowner or a duly authorized representative and, if requested, shall promptly remove the snowmobile from the premises.\n\nII. Except as otherwise provided, no snowmobile shall be operated in this state unless registered as provided in this chapter. No registration shall be required for a snowmobile operated solely on land owned or leased by the owner of the snowmobile. All snowmobile registrations shall expire on July 1 in each year. The executive director shall collect a fee for each registration as provided in RSA 215-C:39.\n\nIII. The executive director or designee is authorized to establish a snowmobile and OHRV registry. The executive director shall adopt rules pursuant to RSA 541-A for the establishment and requirements of said registry.\n\nIV. No person under the age of 18 shall register a snowmobile.\n\nV. All snowmobiles shall be registered with a number to be placed on both sides of the front cowl in a location designated by the executive director for the purpose of placing identification numbers. The registration number shall be contained on a decal of a type and size designated by the executive director. The number for said vehicle shall be assigned by the executive director or one of his or her agents. In case of a transfer, the number shall expire and become invalid. If a new machine is obtained a new number shall be assigned, unless otherwise authorized by the executive director.\n\nVI. Notwithstanding the provisions of paragraph V, antique snowmobiles may be registered by a one-time purchase of a permanent plate to be affixed permanently to the snowmobile. This registration shall be available at the fish and game headquarters only.\n\nVII. Notwithstanding paragraph V, no registration shall be required for a youth model snowmobile when the operator is under 12 years of age and accompanied by a person 18 years of age or older who holds a valid license to operate a snowmobile.\n\nVIII.(a) All snowmobile trails maintenance vehicles shall be registered with a number to be placed and attached in the manner prescribed in paragraph V.\n\n(b) The registration number shall be contained on a decal of a design, color, and size designated by the executive director. The registration number for said vehicle shall be assigned by the executive director or one of his or her agents. In case of a transfer, the number shall expire and become invalid. If a new machine is obtained a new number shall be assigned, unless otherwise authorized by the executive director.\n\nIX. No person shall operate any snowmobile unless the assigned snowmobile registration numbers, plates, or decals are placed on the snowmobile as required by this chapter.\n\nX. The registration certificate shall be subject to inspection on demand by any officer authorized to enforce provisions of this chapter. The registration certificate shall be carried while the snowmobile is in operation. The operator shall, when requested, show proof of personal identification.\n\nXI. No person shall register a snowmobile at the resident fee, as defined in RSA 215-C:39, unless such person is a resident as defined in RSA 215-C:1.\n\n215-C:37 Transfer of Registration.\n\nI. A person who conveys to another the ownership of his or her registered snowmobile may register in his or her name another snowmobile for the remainder of that registration year, at a reduced rate of $13, provided that the reverse side of the registration form is completely filled out and submitted to a registration agent upon request for transfer.\n\nII. Only a registration agent may transfer a registration under paragraph I. The agent shall issue a new registration certificate and decals. The originally issued decals shall not be transferred, and shall become invalid for further use. The agent shall return the previous white registration certificate to the snowmobile and OHRV registry attached to the new registration certificate office copy.\n\nIII. A new owner of any snowmobile shall purchase a new registration certificate and decals at full price if he or she does not have a current registration for a snowmobile of which he or she has relinquished ownership.\n\nIV. Notwithstanding any other provision of this section, a person or club who conveys to another ownership of a registered snowmobile trails maintenance vehicle may register in his name or her or the club\u2019s name another snowmobile trails maintenance vehicle for the remainder of the year at the rate designated in RSA 215-C:39, provided that the reverse side of the registration form is completely filled out and submitted to the department of fish and game upon request for transfer.\n\n215-C:38 Missing or Damaged Decals or Plates. The original white registration certificate shall be returned to a snowmobile registration agent completed on the reverse side with the probable date lost; the reason the decals or plates are missing, specifying, for example, lost, destroyed, or stolen; and the signature of the owner. The snowmobile registration agent shall issue new registration decals and certificate in accordance with RSA 215-C:37.\n\n215-C:39 Registration Fees. The fees to be collected under this chapter are as follows:\n\nI. Individual resident registration- $75 for each snowmobile registration upon presentation of a valid driver\u2019s license issued to a New Hampshire resident 18 years of age or older. An individual resident registering a snowmobile who provides proof, at the time of registration, that the individual is a member of an organized New Hampshire nonprofit snowmobile club which is a member of the New Hampshire Snowmobile Association shall pay $45 for each snowmobile.\n\n(a) The first $55 for each snowmobile registration registered by an individual who does not, at the time of registration, provide proof of membership in an organized New Hampshire nonprofit snowmobile club, or $25 of each snowmobile registration registered by an individual who provides proof of membership in a snowmobile club as provided for in paragraph I of this section, shall be appropriated to the department of resources and economic development for the bureau\u2019s grant-in-aid program pursuant to paragraph VII.\n\n(b) From the balance, $10.30 from each snowmobile registration shall be appropriated to the department of resources and economic development for administration of the bureau for the purposes listed in paragraph VIII, and $9.70 from each snowmobile registration shall be appropriated to the department of fish and game for the purposes listed in paragraph IX.\n\nII. Resident antique snowmobile permanent registration- $35 for each registration upon presentation of a valid New Hampshire driver\u2019s license issued to a person 18 years of age or older. From each fee collected pursuant to this paragraph:\n\n(a) The first $20 shall be appropriated to the department of resources and economic development for administration of the bureau\u2019s grant-in-aid program pursuant to paragraph VII.\n\n(b) From the balance, $7.50 shall be appropriated to the department of resources and economic development for administration of the bureau for the purposes listed in paragraph VIII, and $7.50 shall be appropriated to the department of fish and game for the purposes listed in paragraph IX.\n\nIII. Individual nonresident registration- $90 for each snowmobile registration. An individual nonresident registering a snowmobile who provides proof, at the time of registration, that the individual is a member of an organized New Hampshire nonprofit snowmobile club which is a member of the New Hampshire Snowmobile Association, shall pay $60 for each snowmobile.\n\n(a) The first $66 of each snowmobile registration registered by an individual who does not, at the time of registration, provide proof of membership in an organized New Hampshire nonprofit snowmobile club, or $36 of each snowmobile registration registered by an individual who provides proof, at the time of registration, of membership as provided for in paragraph III of this section shall be appropriated to the department of resources and economic development for the bureau\u2019s grant-in-aid program pursuant to paragraph VII.\n\n(b) From the balance, $12.10 from each snowmobile registration shall be appropriated to the department of resources and economic development for administration of the bureau for the purposes listed in paragraph VIII, and $11.90 from each snowmobile registration shall be appropriated to the department of fish and game for the purposes listed in paragraph IX.\n\nIV. Dealer registration- $35 for each plate.\n\n(a) The first $16 shall be appropriated to the department of resources and economic development for administration of the bureau\u2019s grant-in-aid program pursuant to paragraph VII.\n\n(b) From the balance, $9.30 shall be appropriated to the department of resources and economic development for administration of the bureau for the purposes listed in paragraph VIII, and $9.70 shall be appropriated to the department of fish and game for the purposes listed in paragraph IX.\n\nV. Rental agency registration- $58 for each set of decals.\n\n(a) The first $35 shall be appropriated to the department of resources and economic development for administration of the bureau\u2019s grant-in-aid program pursuant to paragraph VII.\n\n(b) From the balance, $11.10 shall be appropriated to the department of resources and economic development for administration of the bureau for the purposes listed in paragraph VIII, and $11.90 shall be appropriated to the department of fish and game for the purposes listed in paragraph IX.\n\nVI. Registration after transfer as provided in RSA 215-C:37- $13.\n\n(a) The first $8 shall be appropriated to the department of resources and economic development for administration of the bureau\u2019s grant-in-aid program pursuant to paragraph VII.\n\n(b) From the balance, $2.80 shall be appropriated to the department of resources and economic development for administration of the bureau for the purposes listed in paragraph VIII, and $2.20 shall be appropriated to the department of fish and game for the purposes listed in paragraph IX.\n\nVII.(a) Any funds appropriated to the department of resources and economic development for the bureau\u2019s grant-in-aid program shall be kept in a separate account and shall not be used for any other purpose. The corresponding registration fee moneys allocated to the bureau\u2019s grant-in-aid program under paragraphs I and III shall be deposited in the account. Moneys in the account may only be used for grant-in-aid projects that benefit the ridership of snowmobiles. Any unexpended balance in said account shall not lapse, but shall be carried forward to the next fiscal year. From each registration fee collected under this section, $5 shall be used for the purpose of purchasing trail grooming equipment. All remaining funds shall be used for trail maintenance and construction.\n\n(b) Grants-in-aid shall be granted to snowmobile clubs and political subdivisions for the construction and maintenance of public use snowmobile trails and facilities. The bureau shall make grants on such terms as it deems necessary and shall determine what trails and facilities shall be eligible. Notwithstanding the provisions of this subparagraph, a landowner who grants permission for a grant-in-aid trail to be located on his or her property shall retain the right to establish the inclusive dates during which snowmobile operation shall be permitted. Use of trails on private land shall extend only to the specific type of snowmobile and OHRV permitted by the landowner.\n\n(c) All revenue appropriated in this paragraph shall be in addition to any other funds appropriated to the grant-in-aid program of the bureau of trails. Such revenue is hereby continually appropriated to the department of resources and economic development for the purposes of this paragraph.\n\nVIII. Funds appropriated to the department of resources and economic development for administration of the bureau shall be used for the following purposes:\n\n(a) Publications.\n\n(b) Trail maintenance and acquisition.\n\n(c) Land purchases, easements, rights-of-way, and new construction of trails.\n\n(d) Snowmobile facilities.\n\n(e) From the amount collected from each individual registration fee, $3 shall be used by the bureau for the purposes of purchasing trail maintenance equipment or paying trail maintenance expenses. These funds shall be kept in a separate account and shall be used and appropriated solely for these purposes.\n\n(f) Such other purposes as may be budgeted within the limits of the funds available. Any unexpended balance in said accounts shall not lapse, but shall be carried forward to the next fiscal year\n\nIX. Any funds appropriated to the fish and game department shall be used for the following purposes:\n\n(a) Enforcement of the provisions of RSA 215-C and RSA 215-A.\n\n(b) Establishment of snowmobile training programs. At the discretion of the director, snowmobile training programs may be combined with OHRV training programs.\n\n(c) Law enforcement under this chapter, which shall be the responsibility of the executive director.\n\n(d) Snowmobile registration.\n\n(e) Such other purposes as may be budgeted within the limitation of the funds available. Any unexpended balance in said accounts shall not lapse, but shall be carried forward to the next fiscal year.\n\nX. Any excess registration fees collected and not expended shall be nonlapsing and shall be retained by the snowmobile and OHRV program for future use. In each year of the biennium, the excess fees collected may be expended by the fish and game department and the department of resources and economic development in the same proportion as described in this section with prior approval of the fiscal committee and the governor and council.\n\nXI. Notwithstanding the provisions of paragraph X, there shall be paid to the executive director, in addition to the fees required by this section, an additional fee of $1 for each registration required by this section. The additional fee shall be paid into the fish and game search and rescue fund established under RSA 206:42.\n\nXII. Notwithstanding any other provision of this section, $5 for each set of plates for snowmobile trails maintenance vehicles. No other fees shall be collected under this chapter for the registration of such vehicles. Any such funds collected shall be appropriated to the department of fish and game for the costs of administration of snowmobile trails maintenance vehicles.\n\n215-C:40 Individual Vanity Plates or Decals. The executive director is hereby authorized to design and to issue vanity plates or decals for residents only to be used on snowmobiles in lieu of other number plates or decals. Such plates or decals shall be of such design and shall bear such letters or letters and numbers as the executive director shall prescribe, but there shall be no duplication of identification. The executive director, or designee, may deny or revoke any plate or decal deemed inappropriate. Such vanity plates or decals shall be issued only upon application therefor and upon payment of a special fee of $20. The special fee shall be in addition to the regular snowmobile registration fee under RSA 215-C:39 and any fee otherwise required by law for the particular vehicle. All special fees collected under this section shall be nonlapsing and continually appropriated to the fish and game department for the purposes described in RSA 215-C:39, IX(b), the administrative costs of this section, and the actual costs to produce the plates or decals. The executive director shall, if necessary, adopt rules pursuant to RSA 541-A relative to the application for, design of, issuance, denial, or revocation of vanity plates or decals.\n\n215-C:41 Issuing Agents; Fees. If any registration is issued for the executive director by one of his or her duly authorized agents, such agent shall collect from the registrant a fee of $2 in addition to the fee prescribed by RSA 215-C:39. Such agent shall retain the additional fee as compensation for his or her services in connection with the issuance of such registration, except that, if the agent is on the payroll of the executive director, the additional fee shall be retained by the department of fish and game.\n\n215-C:42 Snowmobile Agent\u2019s Accounting.\n\nI. The agent shall collect from the applicant a fee of $2 for each snowmobile registration issued and shall account to the executive director for the full face value of the registration decals. He or she shall pay to the executive director no later than the fourteenth of each month the full face value of all registrations sold up to the first of the same month and shall report the names and addresses of all persons to whom registration decals have been sold and such other information as may be requested on blanks to be furnished by the fish and game department or its designee.\n\nII. When the fourteenth of any month falls on a Saturday, Sunday, or legal holiday, the accounting and payment due date shall be advanced to the next succeeding day that is not a Saturday, Sunday, or holiday.\n\nIII. If the accounting and payment required by paragraphs I and II of this section are mailed, they shall be considered to have been reported or paid on time if they are properly addressed and postmarked by a United States post office no later than the fourteenth of the month in which they are due.\n\nIV. If the accounting and payment required by paragraphs I and II of this section are delinquent, the agent shall be assessed and pay a penalty equal to 10 percent of the amount due or $10, whichever is greater. Penalties collected under this paragraph shall be credited to the fish and game fund. Fifty percent of these agent penalties are hereby continually appropriated to the department of fish and game department or its designee.\n\nV. If the accounting and payment remain delinquent 30 days after the due date required by paragraphs I and II of this section, the agency status shall be terminated.\n\nVI. If the penalty required by paragraph IV of this section remains delinquent 30 days after notification of such delinquency, the agency shall be terminated and all penalties shall be deferred.\n\nVII. The executive director shall have the authority to waive the requirements of paragraphs IV, V, and VI, when in his or her judgment there is just cause to do so.\n\nVIII. The executive director shall adopt rules and establish fees pursuant to RSA 541-A for all agents who issue snowmobile and OHRV registrations.\n\n215-C:43 Unused Snowmobile Decals. Agents shall return to the executive director, within 10 days after the close of the current registration year, all unused snowmobile and OHRV decals. The snowmobile registration agents shall be held responsible to the state for the resident value of all snowmobile decals for which they are chargeable until settlement has been made as provided in RSA 215-C:42.\n\n215-C:44 Vehicles Exempted From Fee. All snowmobiles operated in this state by the federal government, the state, or any political subdivision of the state shall be exempt from registration fees; however, such vehicles shall be registered with a permanent plate or set of plates and a certificate, in such a manner as may be required by the executive director.\n\n215-C:45 Snowmobile Dealers and Rental Agents.\n\nI. Any person who is in the business of selling snowmobiles shall be required to be licensed as a dealer with the executive director. The executive director shall assign a distinguishing number to the dealer and issue appropriate plates. The dealer may use the plates for pleasure purposes, but shall not rent or otherwise permit these plates to be used except for demonstration purposes in connection with the dealer\u2019s business. License numbers or plates shall be carried while the snowmobile is operated.\n\nII. Any person shall make application to the executive director to accept money or other valuable consideration for the temporary use of snowmobiles provided to members of the general public. The executive director shall assign a distinguishing number to the applicant and issue appropriate decals which shall not be transferable between snowmobiles owned by the rental agent and those used for rental. When renting snowmobiles, any person shall be required to use rental decals, if said machine is to be used off the renter\u2019s land.\n\nIII. The executive director or duly authorized agent may revoke a dealer or rental agent license for cause.\n\nIV. Each dealer or rental agent shall be licensed by the fish and game department under this section and shall pay $10 for each license. All license fees collected shall be nonlapsing and continually appropriated to the fish and game department to offset the administrative costs of this section.\n\nV. The executive director shall adopt rules, pursuant to RSA 541-A, relative to the application for, further definitions, licensing requirements, design of, issuance, denial, or revocation of dealer or rental agent plates or decals.\n\n215-C:46 New Owner Notification of Laws. The fish and game department shall provide to snowmobile dealers and rental agents a disclosure statement to inform buyers and renters of snowmobiles of the laws and penalties relative to snowmobile operation, including but not limited to, the need for permission to operate on the property of others. The disclosure statement shall be accompanied by a map showing known snowmobile trails that are open to the public. Snowmobile dealers and rental agents shall require each buyer or renter to sign the disclosure document prior to each sale or rental of a snowmobile. One copy shall be retained by the snowmobile dealer or rental agent, one copy shall be retained by the buyer or renter, and one copy shall be remitted to the fish and game department by the dealer or rental agent as a requirement of licensure under RSA 215-C:45. At the discretion of the executive director, the disclosure statements for snowmobiles and OHRVs may be combined.\n\n215-C:47 Reciprocity.\n\nI. A snowmobile which is registered in Vermont, Maine, or Quebec shall be deemed to be properly registered for the purposes of this chapter if it is registered in accordance with the laws of the state or province in which it is registered, but only to the extent that a reciprocal exemption or privilege is granted under the laws of that state or province for snowmobiles registered in this state. For the purpose of this section, the executive director shall determine the extent of the privilege of operation granted by Vermont, Maine, and Quebec and, when necessary, adopt rules and charge fees to achieve a true reciprocity. The executive director\u2019s determination shall be final.\n\nII. In order to operate any snowmobile granted reciprocity under paragraph I, such vehicle shall meet all equipment requirements and sound level decibel limitations which are mandated by RSA 215-C for snowmobiles registered in New Hampshire.\n\n215-C:48 Financial Responsibility and Conduct After an Accident.\n\nI. All provisions, including the penalties, suspensions and prohibitions of the New Hampshire financial responsibility law, and the provisions of statutes relative to the operation of a motor vehicle, shall apply to a snowmobile being operated upon a public highway.\n\nII. The operator of a snowmobile involved in an accident resulting in death or injury to a person or damage to property in excess of $500, or the owner of the snowmobile having knowledge of the accident, should the operator be incapacitated, shall report the accident immediately to the nearest police officer or nearest police station and shall file a report of the accident with the department of fish and game and the department of safety within 5 days on forms prescribed by the department of fish and game.\n\nIII. Any accident involving a snowmobile, which took place at any location other than a public way, will in no way affect the right to operate a motor vehicle.\n\nIV. Any person who is the operator of a snowmobile who is knowingly involved in any accident which results in death, personal injury, or damage to property, shall immediately stop such vehicle at the scene of such accident and give to the operator of any other vehicle involved in said accident, and to the person injured, or the owner of the property damaged, his or her name and address, the registration number of the vehicle, and if unable to do so, shall report the said accident to the nearest police officer or nearest police station. Voluntary intoxication shall not constitute a defense in the matter of knowledge under the provisions of this section. If this section is not complied with by the said operator, then it will be the duty of the owner of said vehicle to do so, if the vehicle was being used with the owner\u2019s permission or consent.\n\nV. Any person who is knowingly involved in any accident involving personal injury with a snowmobile shall report said accident to the nearest police officer or police station. A report of said accident shall be filed forthwith by said police officer or police station with the department of safety, the bureau of trails, and the fish and game department in such form as the executive director may prescribe.\n\nVI. Following an accident involving death or personal injury, any operator or owner who fails to comply with paragraphs II, IV, or V shall be guilty of a class B felony.\n\n(b) Any operator or owner who provides information required by paragraphs II, IV, or V, knowing or having reason to know that the information is false, shall be guilty of a class B felony.\n\n(c) Any operator or owner who fails to comply with the requirements of paragraph II or paragraph IV following an accident involving property damage, or who otherwise violates the provisions of this section, shall be guilty of a misdemeanor.\n\n215-C:49 Snowmobile Operation and License.\n\nI. No person shall operate a snowmobile on land not owned or leased by such person or such person\u2019s parent, grandparent, or guardian unless such person:\n\n(a) If under 14 years of age, is accompanied at all times by a person at least 18 years of age who has met the conditions of subparagraph (b); and\n\n(b) If 12 years of age or older, has either:\n\n(1) Successfully completed the snowmobile or OHRV training program, the recognition of which has not been suspended or otherwise disallowed by law; or\n\n(2) Is licensed to drive a vehicle in accordance with RSA 263, or in accordance with the law of another state or a province of Canada, provided the person would be eligible for a driver\u2019s license in this state.\n\nII.(a) Except as further specified in subparagraph (b), it shall be prima facie evidence that any person at least 18 years of age who travels with a person under 14 years of age shall be legally responsible for the snowmobile operation of such person and shall be liable according to law for personal injury or property damage to others which may result from such person\u2019s operation.\n\n(b) When more than one person at least 18 years of age is traveling with a person under 14 years of age, and if any of the following persons over 18 years of age are present, then only such persons shall be legally responsible and liable under this paragraph:\n\n(1) Parents or guardians, or\n\n(2) Any person who has otherwise been given or assumed the responsibility for supervising the person under 14 years of age at the time of snowmobile operation.\n\n(c) Any person legally responsible and liable under this paragraph shall accompany the person under 14 years of age at all times of snowmobile operation.\n\n(d) Except as provided in RSA 215-C:50, IV, an organizer of an event or contest shall be responsible for ensuring that each participant under 14 years of age is accompanied at all times.\n\nIII. A person 12 years of age or older operating a snowmobile shall carry evidence of compliance with subparagraph I (b) or RSA 215-A:29, I (b) in the form of a valid driver\u2019s license or evidence of successfully completing a snowmobile or OHRV training program. The person shall present such evidence to any law enforcement officer who is empowered to enforce this chapter, upon demand of such law enforcement officer.\n\nIV. The provisions of paragraphs I and III shall not apply to any person participating in a snowmobile training program. The provisions of paragraph II shall not apply to any person teaching a snowmobile training program.\n\nV. The owner of a snowmobile shall not permit the snowmobile to be operated contrary to this section.\n\nVI. The executive director of the fish and game department may suspend a person\u2019s snowmobile or OHRV training program certificate or the department\u2019s recognition of a person\u2019s completion of a snowmobile training program if not administered or sponsored by the department, in accordance with rules adopted under RSA 541-A, for violating any provision or rule of this chapter. The terms of such suspension shall be determined by the executive director.\n\nVII. Snowmobile or OHRV training programs shall be established within the snowmobile budget of the New Hampshire fish and game department as referred to in RSA 215-C:39, IX. The department shall issue a certificate to any person successfully completing a snowmobile training program administered or sponsored by the department. At the discretion of the executive director, training programs for snowmobiles and for OHRVs may be combined.\n\nVIII. If a parent or guardian knowingly or negligently permits any person under the age of 18 to operate a snowmobile, in accordance with RSA 626:8, II(b), said parent or guardian shall be held criminally liable and fully accountable for any damage incurred or for any violations of this chapter which may be committed by the person under the age of 18. If a person under the age of 18 has completed an approved snowmobile or OHRV safety training course, such evidence may be used in mitigation of damages.\n\nIX. If an owner of a snowmobile permits any person under the age of 18 to operate the owner\u2019s snowmobile, in accordance with RSA 626:8, II(b), said owner may be held criminally liable and fully accountable for any damage incurred or for any violations of this chapter which may be committed by the person under the age of 18. If a person under the age of 18 has completed an approved snowmobile or OHRV safety training course, such evidence may be used in mitigation of damages.\n\nX. A person registered as owner of a snowmobile may be fined not less than $50 or more than $500 if a snowmobile bearing his or her registration number is operated contrary to the provisions of this chapter. The registered owner may not be so fined if:\n\n(a) The snowmobile was reported as stolen to a law enforcement agency at the time of the alleged unlawful act;\n\n(b) The registered owner demonstrates that the snowmobile either was stolen or was not in use at the time of the alleged unlawful act; or\n\n(c) The registered owner furnishes to law enforcement officers upon request the identity of the person in actual physical control of the snowmobile at the time of such violation.\n\nXI. The provisions of paragraph X do not apply to any person who rents or leases a snowmobile if such person keeps a record of the name and address of the person or persons renting or leasing such snowmobile, the registration number thereof, the departure date and time, and expected time of return thereof and furnishes such information to law enforcement officers upon request. Such record shall be preserved for at least 6 months and shall be prima facie evidence that the person named therein was the operator of the snowmobile at the time it was operated contrary to the provisions of this chapter.\n\nXII. Any person operating a snowmobile shall yield the right of way to any person on horseback, foot, skis, snowshoes or other mode of travel on foot; provided, however, that such persons traveling do not unreasonably obstruct or delay snowmobiles on the trail.\n\nXIII. No person shall operate a snowmobile on the property of another unless such operator has obtained written permission from the landowner except as follows:\n\n(a) Verbal permission given to a snowmobile club or to the chief of the bureau of trails shall be adequate for operating a snowmobile on trails established by organized snowmobile clubs or on trails designated as snowmobile trails by the chief of the bureau of trails. A list and description of such designated snowmobile trails shall be maintained by the chief of the bureau of trails, and such list shall be available to the public upon request. Individuals operating snowmobiles on such trails shall not be required to obtain specific landowner permission.\n\n(b) Individuals operating snowmobiles on trails designated under subparagraph (a) shall operate solely on trails as permitted by the landowner. Any individual who operates a snowmobile off the trail shall obtain written landowner permission.\n\nXIV. Verbal or written permission given by a landowner to a snowmobile club, the chief of the bureau of trails, or an individual to permit snowmobile operation on trails on his or her property shall in no way be construed as granting a lien or an irrevocable right to operate snowmobiles on said property.\n\nXV. If a landowner has not given verbal or written permission to a snowmobile club, the chief of the bureau of trails, or an individual, to permit snowmobile operation on trails on the landowner\u2019s property, a snowmobile user shall not acquire prescriptive rights to the landowner\u2019s property by such adverse use, nor shall such adverse use mature into a prescriptive right.\n\nXVI. No snowmobile shall be operated above a height of 4,000 feet above sea level except upon existing roads and trails as designated by the bureau.\n\nXVII. No person shall operate a snowmobile in any manner so as to harass animals pursuant to the provisions of the definition of \u201ctake or taking\u201d in RSA 207:1.\n\nXVIII. The provisions of this section do not prohibit or limit the prosecution of a snowmobile operator for violating any of the paragraphs referred to in this section.\n\nXIX. No person under the age of 18 shall operate any snowmobile within this state without wearing a protective helmet and eye protection.\n\nXX. No person shall operate any snowmobile within this state carrying passengers under the age of 18 unless each passenger is wearing a protective helmet.\n\nXXI.(a) No person shall operate a snowmobile if such person\u2019s driver\u2019s license has been suspended or revoked by the director of motor vehicles or by the authority of another state or any province of Canada.\n\n(b) Any person who violates this section by operating a snowmobile in this state during the period of suspension or revocation of such person\u2019s license or driving privilege for a violation of RSA 215-C:11, RSA 215-A:11, RSA 265:79, RSA 265:82, RSA 265:82-a, and RSA 630:3, II shall be guilty of a misdemeanor and shall be sentenced in accordance with RSA 263:64, IV.\n\n215-C:50 Events.\n\nI. Any person, organization, or corporation who wishes to operate or to promote any snowmobile or OHRV event or contest involving the use of unregistered snowmobiles and OHRVs shall procure a permit from the executive director. The application for the permit shall be on an annual basis, shall include a listing of scheduled events, and shall be accompanied by an annual fee of $50. Participants in an event or contest shall not be required to register in New Hampshire, but shall operate under the provisions of the permit. Any such participant who is not registered in New Hampshire shall not operate away from the race course or contest area specified in the permit. Distribution of any fees collected under this section shall be as follows:\n\n(a) The first $35 shall be appropriated to the department of resources and economic development for the administration of the bureau, and shall be used by the bureau for its grant-in-aid program pursuant to RSA 215-C:39, VII.\n\n(b) From the balance, $7.50 shall be appropriated to the department of resources and economic development for administration of the bureau for the purposes listed in RSA 215-C:39, VIII or RSA 215-A:23, VII, and $7.50 shall be appropriated to the department of fish and game for the\n\npurposes specified in RSA 215-C:39, IX or RSA 215-A:23, VIII.\n\nII. Unregistered snowmobiles may be operated as part of an organized, commercial snowmobile event or contest that takes place on property owned by the organizer of such event or contest, without a permit being obtained under paragraph I.\n\nIII. The snowmobiles training and driver\u2019s license requirements of RSA 215-C:49, I(b) and III or RSA 215-A:29, I(b) and III shall not apply to any person participating in an organized event or contest permitted under this section or in an event not requiring a permit as provided for in paragraph II.\n\nIV. The provisions of RSA 215-C:49, I(a) and II shall not apply relative to any person under 14 years of age participating in an organized event or contest, where the organizer of the event or contest has obtained landowner permission and procured a permit from the executive director for such type of activity in the same manner and under the same terms as provided in paragraph I. The organizer of the permitted event or contest shall be responsible for maintaining conditions that have the effect of ensuring actual physical direction and control over participants under 14 years of age.\n\n215-C:51 State Parks and Forests. All trails under the jurisdiction of the department of resources and economic development so far as possible and consistent with their primary functions, shall be made available for use by snowmobile subject to the fees, and rules as established by the directors of the division of parks and recreation and the division of forests and lands, with the approval of the commissioner of resources and economic development.\n\n215-C:52 General Administration.\n\nI. Except as provided in RSA 215-C:9 and RSA 215-C:10, the executive director is authorized to adopt and amend, pursuant to RSA 541-A, such rules and administrative procedures which are consistent with the provisions of this chapter relative to snowmobiles that he or she deems necessary or advisable to carry out the intent and purposes of said provisions with regard to:\n\n(a) Equipment requirements;\n\n(b) Registrations;\n\n(c) Classification;\n\n(d) The safety of operators, passengers, and other persons; and\n\n(e) The protection of property.\n\nII. The provisions of this chapter relative to snowmobiles, any rules adopted by the executive director, and any other information he or she deems feasible shall be printed by the executive director in booklet form and made available to the public.\n\n215-C:53 Snowmobile Statistics; Safety.\n\nI. The executive director shall report annually to the registrar of vital records pursuant to RSA 5-C:2 on any deaths or injuries occurring in the state related to the operation of snowmobiles and OHRVs.\n\nII. The executive director shall approve snowmobile or OHRV safety training courses after consultation with the commissioner of the department of health and human services.\n\n215-C:54 Removal or Defacing Signs or Markers. If any person shall willfully or maliciously deface, destroy, remove, obstruct, alter or otherwise tamper with any trail sign, marker, posting, or other fixed monument along any trail or on anyone\u2019s property, upon conviction he or she shall be guilty of a misdemeanor. Further, said person shall be liable for full restitution for any damage incurred for which he or she is charged. The provisions of this section do not apply to persons who are authorized to relocate, remove or alter signs, markers, or postings.\n\n215-C:55 Posted Land.\n\nI. An owner may post all or any portion of his or her land against use by a snowmobile. Such notices may read \u201cSNOWMOBILES PROHIBITED\u201d or may have in lieu of these words an appropriate sign with the designated symbol of sufficient size to be readable at a distance of 50 feet indicating that use of this land is prohibited for the purpose so specified. Whoever without right enters such land that has been so posted shall be guilty of a violation. Provided, however, that failure of an owner to post his or her land as provided in this section shall not be construed as granting any license to users of snowmobiles to enter said premises, nor shall said failure be construed as implying any duty of care to the user of a snowmobile by the owner.\n\nII. It is recognized that snowmobile operation may be hazardous. Therefore, each person who drives or rides a snowmobile accepts, as a matter of law, the dangers inherent in the sport, and shall not maintain an action against an owner, occupant, or lessee of land for any injuries which result from such inherent risks, dangers, or hazards. The categories of such risks, hazards, or dangers which the snowmobile user assumes as a matter of law include, but are not limited to, the following: variations in terrain, trails, paths or roads, surface or subsurface snow or ice conditions, bare spots, rocks, trees, stumps, and other forms of forest growth or debris, structures on the land, equipment not in use, pole lines, fences, and collisions with other operators or persons.\n\n215-C:56 Operating Budget. The commissioner of the department of resources and economic development shall ensure that all sources of funding of the bureau of trails are reflected in the operating budget documents submitted by the department.\n\n215-C:57 Rockingham Recreational Trail.\n\nI. No person shall operate a snowmobile on any portion of the Rockingham recreational trail west of Route 28 when it is not snow-covered.\n\nII. No person shall use the parking lot at the Windham depot along the Rockingham recreational trail during the period from 1/2 hour after sunset to 1/2 hour before sunrise.\n\nIII. The department of resources and economic development shall provide sanitary facilities at the parking area in Windham along the Rockingham recreational trail when the trail is snow-covered.\n\n210:2 State Treasury; Application of Receipts. Amend RSA 6:12, I(b)(110) to read as follows:\n\n(110) Moneys deposited in the OHRV and snowmobile fund under RSA 215-A:3, VII and RSA 215-C:2, VIII.\n\n210:3 Department Police Powers. Amend RSA 12-A:1-d to read as follows:\n\n12-A:1-d Police Powers. The commissioner of the department of resources and economic development, the director of the division of parks and recreation, and the director of the division of forests and lands shall have authority as peace officers as provided in RSA 594 and may confer said authority upon certain individuals within the department of resources and economic development, the division of parks and recreation, and the division of forests and lands. Said police powers shall be limited to the enforcement of state laws and rules of the department of resources and economic development on lands or property owned by, leased to, or otherwise under the control of the department of resources and economic development. Nothing herein shall limit the police powers of employees of the department of resources and economic development as provided for in RSA 227-G:7, RSA 215-C:32, and RSA 215-A:16 and 17.\n\n210:4 Fish and Game Fines. Amend RSA 206:34, I to read as follows:\n\nI. The court or justice of any court in which a complaint for a violation of any law or rule relating to fish, game, fur-bearing animals, or marine species, or any complaint brought by an employee of the fish and game department for any violation of RSA 215-A or RSA 215-C, is prosecuted shall, within 30 days after any fine or forfeiture is paid, remit the amount thereof to the executive director; provided, however, that from each fine collected by a municipal or district court, there shall be deducted $10 and 20 percent of that part of the fine which exceeds $10, and the same shall be disposed of as provided in RSA 502:14 or RSA 502-A:8.\n\n210:5 Search and Rescue Fund. Amend RSA 206:42 to read as follows:\n\n206:42 Fish and Game Search and Rescue Fund. The additional fee of $1 collected under the provisions of RSA 270-E:5, II(b) for each private boat registered [ and], under RSA 215-A:23, X for each OHRV registered, and under RSA 215-C:39, XI for each snowmobile registered, shall be paid over to the state treasurer who shall keep such fees in a special fund to be expended by the fish and game department for use in search and rescue operations. The special fund shall be nonlapsing. All funds received under this subdivision are continually appropriated to the fish and game department for the purposes of this subdivision. The fish and game department shall report to the fiscal committee on a quarterly basis beginning on October 1, 1989, on the expenditures made from the fund.\n\n210:6 Methods of Taking; Snowmobile Added. Amend RSA 207:7 to read as follows:\n\n207:7 Hunting From Motor Vehicle, OHRV, Snowmobile, Boat, or Aircraft.\n\nI. No person shall take or attempt to take wild birds or wild animals from a motor vehicle, OHRV, snowmobile as defined in RSA 215-C:1, boat, aircraft or other craft propelled by mechanical power.\n\nII. No person shall have or carry, in or on a motor vehicle, OHRV, snowmobile, or aircraft, whether moving or stationary, a cocked crossbow, a loaded rifle or loaded shotgun, or a rifle or shotgun with a cartridge in a magazine or clip attached to the gun.\n\nIII. No person shall have in or on a boat or other craft while being propelled by mechanical power, or in a boat or other craft being towed by a boat or other craft propelled by mechanical power, a cocked crossbow, a loaded rifle or loaded shotgun, or a rifle or shotgun with a cartridge in a magazine or clip attached to the gun.\n\nIV. The provisions of this section shall not apply to law enforcement officers carrying guns in the line of duty.\n\n210:7 Disabled Persons. Amend RSA 207:7-a, I to read as follows:\n\nI. RSA 207:7 shall not apply to a disabled person who is suffering from paraplegia or who is suffering from the loss of, or the loss of the use of, both lower extremities and who has obtained a current license to hunt; provided, however, that such person must first obtain from the executive director a special permit entitling said person to hunt while using a motor vehicle, not to include boats with motor attached or aircraft. For purposes of this section, \u201cmotor vehicle\u201d shall include off highway recreational vehicles and all terrain vehicles as defined in RSA 215-A:1, and snowmobiles as defined in RSA 215-C:1. No loaded firearm, shotgun, or rifle shall be carried or transported with a cartridge in the chamber, magazine, or clip attached to the firearm, shotgun, or rifle, while the vehicle is in motion. The executive director may issue such a permit upon application in person or upon documentary proof of such disability by a licensed hunter. Such permit shall be carried upon the person of the permittee while hunting and shall be produced for inspection upon the demand of any law enforcement officer. A $10 administrative fee shall be charged once, upon application to the executive director for such permit.\n\n210:8 Manner of Hunting Deer. Amend RSA 208:7, II to read as follows:\n\nII. No person shall knowingly drive deer by the use of horns, whistles, or other noise-making devices or by the use of an OHRV, snowmobile, aircraft, or other motorized vehicles\n\n210:9 Illegal Night Hunting. Amend RSA 208:8, I(b) to read as follows:\n\n(b) Knowingly uses an artificial light between 1/2 hour after sunset and 1/2 hour before sunrise to illuminate, locate, or attempt to locate wild birds or wild animals while possessing on the person or in a motor vehicle, OHRV, snowmobile, boat, aircraft, or other craft propelled by mechanical power, a bow and arrow, crossbow and bolt, rifle, pistol, revolver, shotgun, or muzzle-loading firearm with live ammunition to fit the weapon, whether loaded or unloaded.\n\n210:10 Operation on Great Bay. Amend RSA 211:17-b to read as follows:\n\n211:17-b Operation of Motor Vehicles, Snowmobiles, or OHRVs on Ice on Great Bay. No person shall drive a motor vehicle, snowmobile, or OHRV on the ice on Great Bay, except that any person who holds a New Hampshire fishing license may do so, provided that he does not drive or park his vehicle any closer than 300 feet to any occupied so-called bob-house, fishing shanty or fishing hole other than the one he occupies. The provisions of this section shall not apply to any person engaged in emergency rescue operations or public service of any description. No person driving a motor vehicle, snowmobile, or OHRV on the ice on Great Bay shall operate said vehicle at a speed greater than 10 miles per hour. Whoever violates any provision of this section shall be guilty of a violation.\n\n210:11 Duty of Care. Amend RSA 212:34 to read as follows:\n\n212:34 Duty of Care.\n\nI. An owner, lessee or occupant of premises owes no duty of care to keep such premises safe for entry or use by others for hunting, fishing, trapping, camping, horseback riding, water sports, winter sports, snowmobiling, or OHRVs as defined in RSA 215-A, hiking, sightseeing, or removal of fuel wood, or to give any warning of hazardous conditions, uses of, structures, or activities on such premises to persons entering for such purposes, except as provided in paragraph III hereof.\n\nII. An owner, lessee or occupant of premises who gives permission to another to hunt, fish, trap, camp, ride horseback, hike, use snowmobiles as defined in RSA 215-C, use OHRVs as defined in RSA 215-A, sightsee upon, or remove fuel wood from, such premises, or use said premises for water sports, or winter sports does not thereby:\n\n(a) Extend any assurance that the premises are safe for such purpose, or\n\n(b) Constitute the person to whom permission has been granted the legal status of an invitee to whom a duty of care is owed, or\n\n(c) Assume responsibility for or incur liability for an injury to person or property caused by any act of such person to whom permission has been granted except as provided in paragraph III hereof.\n\nIII. This section does not limit the liability which otherwise exists:\n\n(a) For willful or malicious failure to guard or warn against a dangerous condition, use, structure or activity; or\n\n(b) For injury suffered in any case where permission to hunt, fish, trap, camp, ride horseback, hike, use for water sports, winter sports, use of snowmobiles as defined in RSA 215-C, or use of OHRVs as defined in RSA 215-A, sightsee, or remove fuel wood was granted for a consideration other than the consideration, if any, paid to said landowner by the state; or\n\n(c) The injury caused by acts of persons to whom permission to hunt, fish, trap, camp, ride horseback, hike, use for water sports, winter sports, use of snowmobiles as defined in RSA 215-C, or use of OHRVs as defined in RSA 215-A, sightsee, or remove fuel wood was granted, to third persons as to whom the person granting permission, or the owner, lessee or occupant of the premises, owed a duty to keep the premises safe or to warn of danger.\n\n210:12 OHRVs; Definitions. Amend RSA 215-A:1, III-a - XIII to read as follows:\n\nIII-a. \u201cDealer\u201d means a person in the OHRV or snowmobile business who sells OHRVs to the general public, or demonstrates for sale vehicles on consignment to the general public. There shall be a rebuttable presumption that any person who sells or who acts as an agent of a seller for 5 or more vehicles at retail to the general public in a consecutive 12-month period is a retail vehicle dealer. For the purpose of this definition, this shall include retail OHRV dealers and wholesale OHRV dealers.\n\nIV. \u201cExecutive director\u201d means the executive director of the fish and game department.\n\nV. \u201cOHRV\u201d means off highway recreational vehicle.\n\nV-a. \u201cOHRV club\u201d means an organized, dues-paying group of OHRV users with bylaws, registered with the secretary of state as a nonprofit organization.\n\nV-b. \u201c Snowmobile or OHRV training program,\u201d \u201c snowmobile or OHRV safety training course,\u201d or \u201c snowmobile or OHRV safety education program\u201d means a course of instruction approved or recognized by the department of fish and game as appropriate for a certain type or types of OHRVs, that sufficiently covers proper operation, safety, laws and regulations, penalties, equipment maintenance, and other related matters pertaining to such type or types of OHRVs. At the discretion of the executive director, education or training programs for snowmobiles and OHRVs may be combined.\n\nV-c. \u201cOther OHRV\u201d means an OHRV that is not a [ snow traveling vehicle or a] trail bike.\n\nVI. \u201cOff highway recreational vehicle\u201d means any mechanically propelled vehicle used for pleasure or recreational purposes running on rubber tires, [ belts, cleats,] tracks, [ skis] or cushion of air and dependent on the ground or surface for travel, or other unimproved terrain whether covered by ice or snow or not, where the operator sits in or on the vehicle. All legally registered motorized vehicles when used for off highway recreational purposes shall fall within the meaning of this definition; provided that, when said motor vehicle is being used for transportation purposes only, it shall be deemed that said motor vehicle is not being used for recreational purposes. For purposes of this chapter \u201coff highway recreational vehicle\u201d shall be abbreviated as OHRV. OHRVs shall not include snowmobiles as defined in RSA 215-C.\n\nVI-a. \u201cOHRV trails maintenance vehicle\u201d means any mechanically-propelled vehicle used to maintain OHRV trails or cross country ski trails, classified by the chief of the bureau of trails. When said vehicle is registered as an OHRV trails maintenance vehicle, it shall not be used for recreational purposes. For the purposes of this chapter, all vehicles within this definition shall be classified as off highway recreational vehicles.\n\nVII. \u201cOperate\u201d, in all its moods and tenses, when it refers to an OHRV, means to use that vehicle in any manner for transportation.\n\nVIII. \u201cOperator\u201d means a person riding on or in, and who is in actual physical control of, an OHRV or snowmobile.\n\nIX. \u201cOwner\u201d means any person, other than a lienholder, having title to an OHRV.\n\nX. \u201cPublic way\u201d means any public highway, street, sidewalk, avenue, alley, park or parkway, or any way that is funded by state, city, town, county, or the federal government, or laid out by statute, or any parking lots open for use by the public or vehicular traffic, or any frozen surface of a public body of water; provided, however, the off highway portion of any trail established specifically for OHRVs shall not be a public way.\n\nXI. \u201cPublic water\u201d means any public body of water as defined by RSA 271:20 which has been frozen over and is sufficient to hold any person or vehicle, whatsoever. Such public waters shall be deemed a public way and any violation shall be treated as if it took place on land.\n\nXI-a. \u201cRental agent\u201d means a person licensed under RSA 215-A:26 or RSA 215-C:45 accepting money or other valuable consideration for the temporary use of OHRVs, provided to members of the general public.\n\nXII. \u201cResident\u201d means a citizen of the United States who has lived and made his or her home continuously within the state not less than 6 months prior to his or her application for registration of an OHRV and has not during that period claimed a residence in any other state for any purpose.\n\nXIII. [ \u201cSnow traveling vehicle\u201d] \u201c Snowmobile\u201d means any vehicle propelled by mechanical power that is designed to travel over ice or snow supported in part by skis, [ belts] tracks, or cleats. Only vehicles that are no more than 54 inches in width and no more than 1200 pounds in weight shall be considered [ snow traveling vehicles] snowmobiles under this chapter. [ For the purposes of this chapter, all vehicles within this definition shall be classified as off highway recreational vehicles] Snowmobiles shall not include OHRVs.\n\n210:13 OHRVs; Bureau of Trails. Amend RSA 215-A:3 to read as follows:\n\n215-A:3 Bureau Responsibilities.\n\nI. The bureau shall have the responsibility to provide coordination between the department of resources and economic development, division of forests and lands, the fish and game department, and the department of transportation, with respect to matters pertaining to OHRVs and snowmobiles.\n\nII. In addition, this bureau shall administer the funds provided the department of resources and economic development for the OHRV and snowmobile program; act as liaison between landowners and OHRV and snowmobile users; work with organized clubs in the support of the OHRV and snowmobile sport; supervise the production of publications produced by the department of resources and economic development relating to regulations and information on trails; maintain up-to-date information and data relative to new OHRV machinery, equipment, national standards and safety; and assist where required in any training programs that may be established.\n\nIII. The bureau shall be further responsible for coordinating efforts in obtaining easements and rights-of-way, in establishing trails and trail facilities, and any other similarly related tasks that may be required as a responsibility of the department of resources and economic development in relation to OHRVs and snowmobiles. The bureau may with governor and council approval acquire by purchase, gift or devise any land for OHRV and snowmobile trails or facilities.\n\nIV. The bureau shall also have the responsibility to make or participate in a continuing study on the effects of OHRV and snowmobile operations on erosion and other damage to the environment. If other state agencies are involved in an overall study of this nature, the bureau shall cooperate with such agencies, and maintain a record of all findings that pertain to OHRVs and snowmobiles.\n\nIV-a. The bureau shall also have the following duties:\n\n(a) Provide the planning, development, and maintenance of the state trail system.\n\n(b) Promote the proper use of trails throughout the state, and protect their integrity for future generations.\n\n(c) Encourage the use of trails for educational purposes through the use of signs, published material and trail adoption programs.\n\n(d) Coordinate the development of the New Hampshire Heritage Trail designated in RSA 216-A:11.\n\n(e) Administer the New Hampshire conservation corps established in RSA 216-A:7.\n\n(f) Obtain and administer any federal funds appropriated for the purposes of this chapter.\n\n(g) Assist communities with their trail programs.\n\n(h) Support research and information gathering activities on the economic benefits of trails and improved environmental design of trails.\n\n(i) Coordinate the efforts of motorized and non-motorized trail interests in the state.\n\n(j) Maintain a list of recognized OHRV clubs.\n\nV. The chief supervisor of the bureau may make recommendations concerning RSA 215-A:3-a and such rules as the chief supervisor feels may be necessary for the use and control of OHRV trails, facilities, and lands under bureau control or lease to the commissioner of the department of resources and economic development. The commissioner may adopt such recommendations as rules as provided in RSA 215-A:3-a. A person who fails to observe rules adopted under RSA 215-A:3-a shall be subject to the same penalties provided for in other sections of this chapter.\n\nVI. The supervisor of the bureau shall receive all written requests from persons applying for permission to establish a highway trail crossing or trail connector on any class I, class II or class III highway for any OHRV trail or cross country ski trail on which an OHRV trail maintenance vehicle may operate. The requests shall be submitted by the supervisor to the commissioner of the department of transportation or the commissioner\u2019s representative for the department\u2019s approval or disapproval. If approval is granted, the commissioner of the department of transportation may post the area with appropriate signs designating the location of the trail crossing or trail connector and providing signs for both sides of the highway at an appropriate distance from the crossing or trail connector to warn the motoring public of said crossing or trail connector.\n\nVII. The state treasurer shall keep all money appropriated to the department of resources and economic development for the bureau from the registration of off highway recreational vehicles in a special fund to be known as the OHRV and snowmobile fund. At the close of each fiscal year any unexpended balance shall be carried forward and added to the appropriation for the subsequent year.\n\nVIII. The bureau may make application to the commissioner of transportation for a permit in writing to allow OHRVs to operate on or across certain bridges of class I, II and III highways when such operation is necessary for gaining access to established trails or to events being developed or held in conjunction with established OHRV club activities. The commissioner of transportation may issue or deny such permits. A permit shall specify the type of OHRVs to be allowed, the permitted dates and hours of operation, and shall require the bureau to erect and maintain all signs required under the terms of the permit. Any person operating an OHRV on or across a bridge under this paragraph shall do so at his or her own risk. Said person shall keep to the extreme right side of the bridge and shall yield to all oncoming vehicular traffic.\n\nIX. The commissioner of the department of resources and economic development and the executive director of the department of fish and game shall each submit an annual report to the chairpersons of the fish and game committee, the resource, recreation and development committee, the transportation committee, the ways and means committee, and any other appropriate committee of the house of representatives, the chairpersons of the wildlife and recreation committee, the ways and means committee, and any other appropriate committee of the senate, and the state library which details their agencies\u2019 activities relating to OHRV and snowmobile programs during the previous year. Such report shall include, but not be limited to, as applicable to each agency\u2019s responsibility, registration revenues received by type of vehicle, an accounting of all existing OHRV-related funds, accounts, and subaccounts, disbursements made from each fund, account, or subaccount by type of vehicle, where applicable, and use of disbursed funds, condition of trails by type of vehicle use, results of the continuing study on environmental damage by type of vehicle under RSA 215-A:3, IV, and state and contracted or otherwise known local enforcement actions taken by type of vehicle. Each report shall be submitted on or before January 15 of each year and shall be made available to the public in a manner deemed appropriate by each reporting agency.\n\nX. [Repealed.]\n\n210:14 OHRV Operation; Speed. Amend RSA 215-A:6, III(b)(6) to read as follows:\n\n(6) 45 miles per hour when operating an OHRV or snowmobile on any approved OHRV trail.\n\n210:15 OHRV Operation. Amend RSA 215-A:6, V to read as follows:\n\nV. When meeting, the operators of OHRVs or snowmobiles shall reasonably turn to the right and reduce speed to avoid collision.\n\n210:16 OHRV Operation. Amend RSA 215-A:6, X(d) to read as follows:\n\n(d) The operator shall possess a valid motor vehicle driver\u2019s license or shall have successfully completed the approved snowmobile or OHRV safety training course.\n\n210:17 Intoxication; Arrest Without Warrant. Amend RSA 215-A:11-m to read as follows:\n\n215-A:11-m Arrest Without a Warrant. Notwithstanding any other provision of the law to the contrary, a law enforcement officer may, without a warrant, arrest any person involved in an OHRV accident when the officer has probable cause to believe that such person has violated the provisions of RSA 215-A:11, RSA 215-C:11, RSA 265:82 or RSA 265:82-a.\n\n210:18 Administrative License Suspension. Amend RSA 215-A:11-q, III(b)(1) and (2) to read as follows:\n\n(1) Six months if there is no prior refusal under RSA 265:92 [ or], RSA 215-A:11-b, or RSA 215-C:13, no prior driving while intoxicated or aggravated driving while intoxicated convictions, and no prior administrative license suspension pursuant to RSA 265:91-a [ or], RSA 215-A:11-q, or RSA 215-C:27.\n\n(2) Two years if there is a prior refusal under RSA 265:92 [ or], RSA 215-A:11-b, or RSA 215-C:13 or a prior driving while intoxicated or aggravated driving while intoxicated conviction, or a prior administrative suspension pursuant to RSA 265:91-a [ or], RSA 215-A:11-q, or RSA 215-C:27. If a license or driving privilege has been suspended under RSA 265:91-a [ or], RSA 215-A:11-q, or RSA 215-C:27 and the person is also convicted on criminal charges arising out of the same event, both the suspension and court ordered revocation shall be imposed pursuant to RSA 265:91-c.\n\n210:19 OHRV Sound Test; Reference Deleted. Amend RSA 215-A:13, I to read as follows:\n\nI. The operator or owner of any [ snow traveling vehicle,] trail bike, or other OHRV shall, when required by any law enforcement officer, submit his or her vehicle to a sound test conducted according to the applicable provisions of RSA 215-A:12.\n\n210:20 Law Enforcement Authority. Amend the section heading of RSA 215-A:17 to read as follows:\n\n215-A:17 Law Enforcement Authority of [ BOHRV] Bureau of Trails Officers.\n\n210:21 Operator Responsibility. Amend RSA 215-A:19, I(b) to read as follows:\n\n(b) The executive director may revoke, after a hearing, the registration of any OHRV or snowmobile registered in the name of any person who violates this chapter or any rule relating thereto.\n\n210:22 Operator Responsibility; Minors. Amend RSA 215-A:19, IV(b) to read as follows:\n\n(b) Notwithstanding RSA 169-B and RSA 169-D, any minor who violates a provision of this chapter shall not be considered a delinquent or a child in need of services. Any minor who violates a provision of this chapter shall be guilty of a violation and may be punished by a fine for each offense, may have his or her snowmobile or OHRV safety training certification suspended for up to 6 months, and may be required to complete community service or to complete additional OHRV safety training.\n\n210:23 Penalties. Amend the introductory paragraph of RSA 215-A:19, IX to read as follows: IX. In addition to any other penalty imposed, any person who is convicted of violating any of the following statutes, and who has not already successfully completed an OHRV or snowmobile training program, shall complete an OHRV training program, at that person\u2019s own expense, within 6 months of conviction. Any person who fails to successfully complete the OHRV training program within 6 months may not legally register or reregister any OHRV until such time as the OHRV training program is successfully completed:\n\n210:24 Registration; Registry. Amend RSA 215-A:21, I \u2013 II-a to read as follows:\n\nI. Registration of an OHRV or snowmobile does not constitute a license to operate said vehicle on private land. Any person operating an OHRV upon the land of another shall stop and identify himself upon the request of the landowner or his duly authorized representative and, if requested, shall promptly remove said OHRV from the premises.\n\nII. Except as otherwise provided, no OHRV shall be operated in this state unless registered as provided in this chapter. No registration shall be required for an OHRV operated solely on land owned or leased by the owner of the OHRV. All OHRV registrations shall expire on July 1 in each year. The executive director shall collect a fee for each registration as provided in RSA 215-A:23.\n\nII-a. The executive director or designee is authorized to [ enter into a contract with another state agency to] establish an OHRV and snowmobile registry. The executive director shall adopt rules pursuant to RSA 541-A for the establishment and requirements of said registry.\n\n210:25 OHRV Registration. Amend RSA 215-A:21, V-a(a) to read as follows:\n\nV-a.(a) All OHRV trails maintenance vehicles shall be registered with a number to be placed and attached [ as follows:\n\n(1) If the vehicle is a snow traveling maintenance vehicle, in the manner prescribed in paragraph IV.\n\n(2) If the vehicle is a wheeled maintenance vehicle, ]in the manner prescribed in paragraph V.\n\n210:26 Transfer of Registration. Amend RSA 215-A:22, II to read as follows:\n\nII. Only a registration agent may transfer a registration under paragraph I. The agent shall issue a new registration certificate and decals. The originally issued decals shall not be transferred, and shall become invalid for further use. The agent shall return the previous white registration certificate to the OHRV and snowmobile registry attached to the new registration certificate office copy.\n\n210:27 OHRV Fees. Amend RSA 215-A:23, I to read as follows:\n\nI. Individual resident registration- $42 for each 2-wheeled trail bike registration[, $75 for each snow traveling vehicle registration,] or $51 for each other OHRV registration upon presentation of a valid driver\u2019s license issued to a New Hampshire resident 18 years of age or older. [ An individual resident registering a snow traveling vehicle who provides proof, at the time of registration, that the individual is a member of an organized New Hampshire nonprofit snowmobile club which is a member of the New Hampshire Snowmobile Association shall pay $45 for each snow traveling vehicle.]\n\n(a) The first $7 of each 2-wheeled trail bike registration[, $55 for each snow traveling vehicle registration registered by an individual who does not, at the time of registration, provide proof of membership in an organized New Hampshire nonprofit snowmobile club, $25 of each snow traveling vehicle registration registered by an individual who provides proof of membership in a snowmobile club as provided for in paragraph I of this section,] or $16 of each other OHRV registration shall be appropriated to the department of resources and economic development for the bureau\u2019s grant-in-aid program pursuant to paragraph VI.\n\n(b) From the balance, [ $10.30 from each snow traveling vehicle registration or] $15.30 from each 2-wheeled trail bike or other OHRV registration shall be appropriated to the department of resources and economic development for administration of the bureau for the purposes listed in paragraph VII, and [ $9.70 from each snow traveling vehicle registration or] $19.70 from each 2-wheeled trail bike or other OHRV registration shall be appropriated to the department of fish and game for the purposes listed in paragraph VIII.\n\n210:28 OHRV Fees; Reference Removed. Amend RSA 215-A:23, VI - IX to read as follows:\n\nVI.(a) Any funds appropriated to the department of resources and economic development for the bureau\u2019s grant-in-aid program shall be kept in a separate account and shall not be used for any other purpose. [ Two subaccounts shall be kept within the separate account and shall be separately designated for snow traveling vehicles and for 2-wheeled trail bikes and other OHRVs, respectively.] The corresponding registration fee moneys allocated to the bureau\u2019s grant-in-aid program under paragraphs I and III shall be deposited in the[ respective sub-accounts] account. Moneys in [ a subaccount] the account may only be used for grant-in-aid projects that benefit the ridership of [ the type of vehicle for which the subaccount was established, in amounts proportional to the approximate benefit of each project to such ridership when compared to that of the ridership of other types of] OHRVs[, as determined by the bureau. Any unexpended balance in said account shall not lapse, but shall be carried forward to the next fiscal year]. Any unexpended balance remaining in the [2-wheeled trail bike and other OHRV subaccount] account at the end of the fiscal year shall not lapse and shall be transferred to the account established in RSA 215-A:23, VII(c). From each registration fee collected under this section, $5 shall be used for the purpose of purchasing [ trail grooming equipment and] trail maintenance equipment. All remaining funds shall be used for trail maintenance and construction.\n\n(b) Grants-in-aid shall be granted to OHRV clubs and political subdivisions for the construction and maintenance of public use OHRV trails and facilities. The bureau shall make grants on such terms as it deems necessary and shall determine what trails and facilities shall be eligible. Notwithstanding the provisions of this subparagraph, a landowner who grants permission for a grant-in-aid trail to be located on his or her property shall retain the right to establish the inclusive dates during which OHRV operation shall be permitted. Use of trails on private land shall extend only to the specific type of OHRV and snowmobile permitted by the landowner.\n\n(c) All revenue appropriated in this paragraph shall be in addition to any other funds appropriated to the grant-in-aid program of the bureau of trails. Such revenue is hereby continually appropriated to the department of resources and economic development for the purposes of this paragraph.\n\nVII. Funds appropriated to the department of resources and economic development for administration of the bureau shall be used for the following purposes:\n\n(a) Publications.\n\n(b) Trail maintenance and acquisition.\n\n(c) Land purchases, easements, rights-of-way, and new construction of trails. A separate account shall be established into which $2 of each resident trail bike and other OHRV registration fee appropriated for administration of the bureau under RSA 215-A:23, I(b) and $2 of each nonresident trail bike and other OHRV registration fee appropriated for administration of the bureau under RSA 215-A:23, III(b) shall be deposited to be used only for land purchases, easements, rights-of-way, and direct costs attributed to the physical construction of ATV or trail bike trails or parking facilities.\n\n(d) OHRV facilities.\n\n(e) From the amount collected from each individual registration fee, $3 shall be used by the bureau for the purposes of purchasing [ OHRV] trail maintenance equipment or paying trail maintenance expenses. These funds shall be kept in a separate account and shall be used and appropriated solely for these purposes.\n\n(f) Such other purposes as may be budgeted within the limits of the funds available. Any unexpended balance in said accounts shall not lapse, but shall be carried forward to the next fiscal year.\n\nVIII. Any funds appropriated to the fish and game department shall be used for the following purposes:\n\n(a) Enforcement of the provisions of RSA 215-A and RSA 215-C.\n\n(b) Establishment of snowmobile and OHRV training programs. At the discretion of the director, OHRV training programs may be combined with snowmobile training programs.\n\n(c) Law enforcement under this chapter, which shall be the responsibility of the executive director.\n\n(d) OHRV registration.\n\n(e) Such other purposes as may be budgeted within the limitation of the funds available. Any unexpended balance in said accounts shall not lapse, but shall be carried forward to the next fiscal year.\n\n(f) Contracting with state, county, and local law enforcement agencies to enforce the provisions of this chapter relative to ATV use. Ten dollars of each resident trail bike and other OHRV registration fee appropriated to the department of fish and game under RSA 215-A:23, I(b), and $19 of each nonresident trail bike and other OHRV registration fee appropriated to the department of fish and game under RSA 215-A:23, III(b) shall be used exclusively for such contracting and shall not be transferred or diverted to any other purpose.\n\nIX. Any excess registration fees collected and not expended shall be nonlapsing and shall be retained by the OHRV and snowmobile program for future use. In each year of the biennium, the excess fees collected may be expended by the fish and game department and the department of resources and economic development in the same proportion as described in this section with prior approval of the fiscal committee and the governor and council.\n\n210:29 Agent Fees; Accounting; Decals. Amend RSA 215-A:24 through RSA 215-A:24-b to read as follows:\n\n215-A:24 Issuing Agents; Fees. If any registration is issued for the executive director by one of his or her duly authorized agents, such agent shall collect from the registrant a fee of $2 in addition to the fee prescribed by RSA 215-A:23. [ Each application for registration of an OHRV shall have printed thereon the words and figures, \u201cagent\u2019s fee $2.\u201d] Such agent shall retain the additional fee as compensation for his or her services in connection with the issuance of such registration, except that, if the agent is on the payroll of the executive director, the additional fee shall be retained by the department of fish and game.\n\n215-A:24-a OHRV Agent\u2019s Accounting.\n\nI. The agent shall collect from the applicant a fee of $2 for each OHRV registration issued and shall account to the executive director for the full face value of the registration decals. He shall pay to the executive director no later than the fourteenth of each month the full face value of all registrations sold up to the first of the same month and shall report the names and addresses of all persons to whom registration decals have been sold and such other information as may be requested on blanks to be furnished by the [ OHRV registration office] fish and game department, or its designee.\n\nII. When the fourteenth of any month falls on a Saturday, Sunday or legal holiday, the accounting and payment due date shall be advanced to the next succeeding day that is not a Saturday, Sunday or holiday.\n\nIII. If the accounting and payment required by paragraphs I and II of this section are mailed, they shall be considered to have been reported or paid on time if they are properly addressed and postmarked by a United States post office no later than the fourteenth of the month in which they are due.\n\nIV. If the accounting and payment required by paragraphs I and II of this section are delinquent, the agent shall be assessed and pay a penalty equal to 10 percent of the amount due or $10, whichever is greater. Penalties collected under this paragraph shall be credited to the fish and game fund. Fifty percent of these agent penalties are hereby continually appropriated to the [ OHRV registration office] fish and game department, or its designee.\n\nV. If the accounting and payment remain delinquent 30 days after the due date required by paragraphs I and II of this section, the agency status shall be terminated.\n\nVI. If the penalty required by paragraph IV of this section remains delinquent 30 days after notification of such delinquency, the agency shall be terminated and all penalties shall be deferred.\n\nVII. The executive director shall have the authority to waive the requirements of paragraphs IV, V and VI when in his or her judgment there is just cause to do so.\n\nVIII. The executive director shall adopt rules and establish fees pursuant to RSA 541-A for all agents who issue OHRV or snowmobile registrations.\n\n215-A:24-b Unused OHRV Decals. Agents shall return to the executive director, within 10 days after the close of the current registration year, all unused OHRV or snowmobile decals. The OHRV registration agents shall be held responsible to the state for the resident value of all OHRV decals for which they are chargeable until settlement has been made as provided in RSA 215-A:24-a.\n\n210:30 Notification of Laws. Amend RSA 215-A:26-a to read as follows:\n\n215-A:26-a New Owner Notification of Laws. The fish and game department shall provide to OHRV and snowmobile dealers and rental agents a disclosure statement to inform buyers and renters of OHRVs of the laws and penalties relative to OHRV operation, including but not limited to, the need for permission to operate on the property of others. The disclosure statement shall be accompanied by a map showing known OHRV trails that are open to the public. OHRV dealers and rental agents shall require each buyer or renter to sign the disclosure document prior to each sale or rental of an OHRV. One copy shall be retained by the OHRV dealer or rental agent, one copy shall be retained by the buyer or renter, and one copy shall be remitted to the fish and game department by the dealer or rental agent as a requirement of licensure under RSA 215-A:26. At the discretion of the executive director, the disclosure statements for OHRVs and snowmobiles may be combined.\n\n210:31 Reciprocity. Amend RSA 215-A:27 to read as follows:\n\n215-A:27 Reciprocity.\n\nI. [ A snow-traveling vehicle or any other] An OHRV not registered for highway use which is registered in Vermont, Maine, or Quebec shall be deemed to be properly registered for the purposes of this chapter if it is registered in accordance with the laws of the state or province in which it is registered, but only to the extent that a reciprocal exemption or privilege is granted under the laws of that state or province for OHRVs registered in this state. For the purpose of this section, the executive director shall determine the extent of the privilege of operation granted by Vermont, Maine, and Quebec and, when necessary, adopt rules and charge fees to achieve a true reciprocity. The executive director\u2019s determination shall be final.\n\nII. Any motorcycle which is registered for highway use in any state other than New Hampshire owned by a nonresident shall be deemed to be properly registered for the purposes of this chapter if it is registered in accordance with the laws of the state or province in which its owner resides, but only to the extent that a reciprocal exemption or privilege is granted under the laws of that state for motorcycles registered in New Hampshire.\n\nIII. In order to operate any [ snow traveling vehicle or] OHRV granted reciprocity under paragraph I, such vehicle shall meet all equipment requirements and sound level decibel limitations which are mandated by RSA 215-A for OHRVs [ and snow traveling vehicles] registered in New Hampshire.\n\n210:32 OHRV Operation and License. Amend RSA 215-A:29 to read as follows:\n\n215-A:29 OHRV Operation and License.\n\nI. No person shall operate an OHRV on land not owned or leased by such person or such person\u2019s parent, grandparent, or guardian unless such person:\n\n(a) If under 14 years of age, is accompanied at all times by a person at least 18 years of age who has met the conditions of subparagraph (b); and\n\n(b) If 12 years of age or older, has either:\n\n(1) Successfully completed [ an] the snowmobile or OHRV training program, the recognition of which has not been suspended or otherwise disallowed by law; or\n\n(2) Is licensed to drive a vehicle in accordance with RSA 263, or in accordance with the law of another state or a province of Canada, provided the person would be eligible for a driver\u2019s license in this state.\n\nII.(a) Except as further specified in subparagraph (b), it shall be prima facie evidence that any person at least 18 years of age who travels with a person under 14 years of age shall be legally responsible for the OHRV operation of such person and shall be liable according to law for personal injury or property damage to others which may result from such person\u2019s operation.\n\n(b) When more than one person at least 18 years of age is traveling with a person under 14 years of age, and if any of the following persons over 18 years of age are present, then only such persons shall be legally responsible and liable under this paragraph:\n\n(1) Parents or guardians, or\n\n(2) Any person who has otherwise been given or assumed the responsibility for supervising the person under 14 years of age at the time of OHRV operation.\n\n(c) Any person legally responsible and liable under this paragraph shall accompany the person under 14 years of age at all times of OHRV operation.\n\n(d) Except as provided in RSA 215-A:30, IV, an organizer of an event or contest shall be responsible for ensuring that each participant under 14 years of age is accompanied at all times.\n\nIII. A person 12 years of age or older operating an OHRV shall carry evidence of compliance with subparagraph I(b) or RSA 215-C:49, I(b) in the form of a valid driver\u2019s license or evidence of successfully completing an OHRV training program. The person shall present such evidence to any law enforcement officer who is empowered to enforce this chapter, upon demand of such law enforcement officer.\n\nIII-a. The provisions of paragraphs I and III shall not apply to any person participating in an OHRV training program. The provisions of paragraph II shall not apply to any person teaching an OHRV training program.\n\nIV. The owner of an OHRV shall not permit the OHRV to be operated contrary to this section.\n\nV. The executive director of the fish and game department may suspend a person\u2019s OHRV training program certificate or the department\u2019s recognition of a person\u2019s completion of [ an] a snowmobile or OHRV training program if not administered or sponsored by the department, in accordance with rules adopted under RSA 541-A, for violating any provision or rule of this chapter. The terms of such suspension shall be determined by the executive director.\n\nVI. Snowmobile or OHRV training programs shall be established within the OHRV budget of the New Hampshire fish and game department as referred to in RSA 215-A:23, VIII. The department shall issue a certificate to any person successfully completing an OHRV training program administered or sponsored by the department. At the discretion of the executive director, training programs for snowmobiles and OHRVs may be combined.\n\nVII. If a parent or guardian knowingly or negligently permits any person under the age of 18 to operate an OHRV [ or snow traveling vehicle], in accordance with RSA 626:8, II(b), said parent or guardian shall be held criminally liable and fully accountable for any damage incurred or for any violations of this chapter which may be committed by the person under the age of 18. If a person under the age of 18 has completed an approved snowmobile or OHRV safety training course, such evidence may be used in mitigation of damages.\n\nVII-a. If an owner of an OHRV permits any person under the age of 18 to operate the owner\u2019s OHRV, in accordance with RSA 626:8, II(b), said owner may be held criminally liable and fully accountable for any damage incurred or for any violations of this chapter which may be committed by the person under the age of 18. If a person under the age of 18 has completed an approved snowmobile or OHRV safety training course, such evidence may be used in mitigation of damages.\n\nVIII. A person registered as owner of [ a snow traveling vehicle or] an OHRV may be fined not less than $50 or more than $500 if [ a snow traveling vehicle or] an OHRV bearing his or her registration number is operated contrary to the provisions of this chapter. The registered owner may not be so fined if:\n\n(a) The [ snow traveling vehicle or] OHRV was reported as stolen to a law enforcement agency at the time of the alleged unlawful act; or\n\n(b) The registered owner demonstrates that the [ snow traveling vehicle or] OHRV either was stolen or was not in use at the time of the alleged unlawful act; or\n\n(c) The registered owner furnishes to law enforcement officers upon request the identity of the person in actual physical control of the [ snow traveling vehicle or] OHRV at the time of such violation.\n\nIX. The provisions of paragraph VIII do not apply to any person who rents or leases a [ snow traveling vehicle or] an OHRV if such person keeps a record of the name and address of the person or persons renting or leasing such [ snow traveling vehicle or] OHRV, the registration number thereof, the departure date and time, and expected time of return thereof and furnishes such information to law enforcement officers upon request. Such record shall be preserved for at least 6 months and shall be prima facie evidence that the person named therein was the operator of the [ snow traveling vehicle or] OHRV at the time it was operated contrary to the provisions of this chapter.\n\nX. Any person operating an OHRV shall yield the right of way to any person on horseback, foot, skis, snowshoes or other mode of travel on foot; provided, however, that such persons traveling do not unreasonably obstruct or delay OHRVs on the trail.\n\nXI. No person shall operate an OHRV on the property of another unless such operator has obtained written permission from the landowner except as follows:\n\n[ (a) Verbal permission given to an OHRV club or to the chief of the bureau of trails shall be adequate for operating a snow traveling vehicle on trails established by organized OHRV clubs or on trails designated as snow traveling vehicle trails by the chief of the bureau of trails. A list and description of such designated snow traveling vehicle trails shall be maintained by the chief of the bureau of trails, and such list shall be available to the public upon request. Individuals operating snow traveling vehicles on such trails shall not be required to obtain specific landowner permission. ]\n\n[ (b)] (a) Verbal permission given to an OHRV club or to the chief of the bureau of trails shall be adequate for operating a wheeled OHRV on trails established by organized OHRV clubs or on trails designated by the chief of the bureau of trails as wheeled OHRV trails. A list and description of such wheeled OHRV trails shall be maintained by the chief of the bureau of trails and shall be available to the public upon request. Individuals operating wheeled OHRVs on such trails shall not be required to obtain specific landowner permission.\n\n[ (c)] (b) Individuals operating OHRVs on trails designated under subparagraph (a) [ or (b)] shall operate solely on trails as permitted by the landowner. Any individual who operates an OHRV off the trail shall obtain written landowner permission.\n\nXI-a. Verbal or written permission given by a landowner to an OHRV club, the chief of the bureau of trails, or an individual to permit OHRV operation on trails on his or her property shall in no way be construed as granting a lien or an irrevocable right to operate OHRVs on said property.\n\nXI-b. If a landowner has not given verbal or written permission to an OHRV club, the chief of the bureau of trails, or an individual, to permit OHRV operation on trails on the landowner\u2019s property, an OHRV user shall not acquire prescriptive rights to the landowner\u2019s property by such adverse use, nor shall such adverse use mature into a prescriptive right.\n\nXII. No OHRV shall be operated above a height of 4,000 feet above sea level except upon existing roads and trails as designated by the bureau.\n\nXIII. No person shall operate an OHRV in any manner so as to harass animals pursuant to the provisions of the definition of \u201ctake or taking\u201d in RSA 207:1.\n\nXIV. The provisions of this section do not prohibit or limit the prosecution of [ a snow traveling or] an OHRV operator for violating any of the paragraphs referred to in this section.\n\nXV. No person under the age of 18 shall operate any OHRV within this state without wearing a protective helmet and eye protection.\n\nXVI. No person shall operate any OHRV within this state carrying passengers under the age of 18 unless each passenger is wearing a protective helmet.\n\nXVII. No person less than 18 years of age shall operate an ATV while transporting or carrying any passengers.\n\nXVIII. [Repealed.]\n\nXIX.(a) No person shall operate an OHRV if such person\u2019s driver\u2019s license has been suspended or revoked by the director of motor vehicles or by the authority of another state or any province of Canada.\n\n(b) Any person who violates this section by operating an OHRV in this state during the period of suspension or revocation of such person\u2019s license or driving privilege for a violation of RSA 215-A:11, RSA 215-C:11, RSA 265:79, RSA 265:82, RSA 265:82-a, and RSA 630:3, II shall be guilty of a misdemeanor and shall be sentenced in accordance with RSA 263:64, IV.\n\n210:33 Events. Amend RSA 215-A:30 to read as follows:\n\n215-A:30 Events.\n\nI. Any person, organization or corporation who wishes to operate or to promote any snow traveling vehicle or OHRV or snowmobile event or contest involving the use of unregistered [ snow traveling vehicles] snowmobiles or unregistered OHRVs shall procure a permit from the executive director The application for the permit shall be on an annual basis, shall include a listing of scheduled events and shall be accompanied by an annual fee of $50. Participants in an event or contest shall not be required to register in New Hampshire, but shall operate under the provisions of the permit. Any such participant who is not registered in New Hampshire shall not operate away from the race course or contest area specified in the permit. Distribution of any fees collected under this section shall be as follows:\n\n(a) The first $35 shall be appropriated to the department of resources and economic development for the administration of the bureau, and shall be used by the bureau for its grant-in-aid program pursuant to RSA 215-A:23, VI and RSA 215-C:39, VII.\n\n(b) From the balance, $7.50 shall be appropriated to the department of resources and economic development for administration of the bureau for the purposes listed in RSA 215-A:23, VII, RSA 215-C:39, VIII and $7.50 shall be appropriated to the department of fish and game for the purposes specified in RSA 215-A:23, VIII and RSA 215-C:39, IX.\n\nII. Unregistered OHRVs may be operated as part of an organized, commercial OHRV event or contest that takes place on property owned by the organizer of such event or contest, without a permit being obtained under paragraph I.\n\nIII. The OHRV training and driver\u2019s license requirements of RSA 215-A:29, I(b) and III or RSA 215-C:49, I(b) and III shall not apply to any person participating in an organized event or contest permitted under this section or in an event not requiring a permit as provided for in paragraph II.\n\nIV. The provisions of RSA 215-A:29, I(a) and II shall not apply relative to any person under 14 years of age participating in an organized event or contest, where the organizer of the event or contest has obtained landowner permission and procured a permit from the executive director for such type of activity in the same manner and under the same terms as provided in paragraph I. The organizer of the permitted event or contest shall be responsible for maintaining conditions that have the effect of ensuring actual physical direction and control over participants under 14 years of age.\n\n210:34 OHRV Statistics. Amend RSA 215-A:32-a to read as follows:\n\n215-A:32-a OHRV Statistics; Safety.\n\nI. The executive director shall report annually to the registrar of vital records pursuant to RSA 5-C:2 on any deaths or injuries occurring in the state related to the operation of OHRVs and snowmobiles.\n\nII. The executive director shall approve snowmobile or OHRV safety training courses after consultation with the commissioner of the department of health and human services.\n\n210:35 Statewide Trail System. Amend RSA 216-F:2, I to read as follows:\n\nI. The trails within the system shall be held, developed and administered under this chapter primarily as recreational trails for hiking, nature walks, bird watching, horseback riding, bicycling, ski touring, snowshoeing, snowmobiling, and off highway recreational vehicles and the natural scenic beauty thereof shall be preserved insofar as is practical; provided, however, that the commissioner may permit uses of trails and land acquired hereunder, by the owner of adjoining land or others, in such a manner and at such seasons as will not substantially interfere with the primary use of the trails.\n\n210:36 Advisory Committee. Amend RSA 216-F:5, II to read as follows:\n\nII. OHRV trails, snowmobile trails, the New Hampshire Heritage Trail, and trail planning and development shall be specific items on the agenda of this advisory committee.\n\n210:37 Highway Rights of Way. Amend RSA 236:56 to read as follows:\n\n236:56 Prohibition of Certain Vehicles Within Highway Rights-of-Way.\n\nI. No person shall operate a motorbike, motorcycle, trail bike, snowmobile, all terrain vehicle including 4-wheel drive vehicles or other motorized 2 or 3 wheel trail type vehicle and track type vehicles within or upon the rights-of-way adjacent to the traveled way of the interstate highway system, toll roads, or limited access highways of this state, except as authorized pursuant to RSA 215-A:9 and RSA 215-C:9.\n\nII. It shall be unlawful for any person to operate a motorbike, motorcycle, trail bike, snowmobile, all terrain vehicle, including 4-wheel drive vehicles or other motorized 2 or 3 wheeled trail type vehicles and track type vehicles within or upon highway easements or rights-of-way adjacent to the traveled way of any class I, class III, or class III-a highway or state maintained portion of any class II highway with the following exceptions:\n\n(a) Emergency. In the event of an emergency, a person may operate one of the above motor vehicles in the right-of-way portion of such public highways; provided, however, that a vehicle not registered for highway use shall not be operated on the main traveled portion and paved shoulders of said highway.\n\n(b) Adjacent to Public Highways. Whenever it is impracticable to gain immediate access to an area adjacent to a public highway where one of the above vehicles is to be operated, said vehicle may be operated within the right-of-way adjacent and parallel to such public highway over the shortest practical distance for the purpose of gaining access to the area of operation. This paragraph shall also apply to the operation of such vehicles to the point where the same are unloaded, from motorized conveyance to the area where the vehicle is to be operated, or from the area where operated to a motorized conveyance when such loading and unloading can not be effected in the immediate vicinity of the area of operation without causing a hazard to vehicular traffic approaching from either direction on said highway. Such loading or unloading must be accomplished with due regard to safety at the nearest possible point to the area of operation.\n\n(c) Crossing Highways. In crossing public highways, properly registered motorbikes, motorcycles, trail bikes, snowmobiles, all terrain vehicles, including 4-wheel drive vehicles or other motorized 2 or 3 wheeled trail type vehicles and track type vehicles may cross the rights-of-way adjacent to the public highway as directly as possible, preferably at right angles provided that such crossing can be made in safety and does not interfere with the free movement of vehicular traffic approaching from either direction on such public highways. It shall be the responsibility of the operator of such vehicles to yield the right-of-way to all vehicular traffic upon any such way before crossing same.\n\n(d) Trail Connectors. All OHRVs and snowmobiles may be operated within specified trail connectors and pursuant to the provisions of RSA 215-A:9 or RSA 215-C:9. The commissioner of the department of transportation may limit the operation of specified types of OHRVs and snowmobiles when the commissioner feels this is necessary in matters of safety and maintenance of trail corridors or at the suggestion of the chief supervisor of the bureau of trails.\n\n(e) Sidewalks. The operation of OHRVs and snowmobiles may be allowed on sidewalks adjacent to class I, II, III, and III-a highways upon the request of a town or city after consultation with the bureau of trails and with the approval of the department of transportation.\n\n210:38 Motor Vehicles; Drive and Driver. Amend RSA 259:24 and RSA 259:25 to read as follows:\n\n259:24 Drive. \u201cDrive,\u201d in all its moods and tenses, shall mean to operate or be in actual physical control of a motor vehicle [ or], OHRV, or snowmobile.\n\n259:25 Driver. \u201cDriver\u201d shall mean a person who drives or is in actual physical control of a motor vehicle as defined in RSA 259:60 or an OHRV or snowmobile.\n\n210:39 Definition of OHRV. Amend RSA 259:69 to read as follows:\n\n259:69 Off Highway Recreational Vehicle. \u201cOff highway recreational vehicle\u201d shall mean any mechanically propelled vehicle used for pleasure or recreational purposes running on rubber tires, [ belts, cleats,] tracks, [ skis] or cushion of air and dependent on the ground or surface for travel, or other unimproved terrain whether covered by ice or snow or not, where the driver sits in or on the vehicle. All legally registered vehicles when used for off highway recreational purposes shall fall within the meaning of this definition; provided that when said vehicle is being used for transportation purposes only, it shall be deemed that said vehicle is not being used for recreational purposes. Off highway recreational vehicle shall not include snowmobiles as defined in RSA 215-C:1.\n\n210:40 Private Passenger Vehicle. Amend RSA 259:81 to read as follows:\n\n259:81 Private Passenger Vehicle. \u201cPrivate passenger vehicle\u201d shall mean a motor vehicle, except motorcycles, tractors, snowmobiles, OHRV\u2019s and mopeds, which is designed and used for the purpose of transporting 10 persons or less and used for the transportation of human beings with their necessary personal belongings, and not exceeding 8,000 pounds in gross vehicle weight.\n\n210:41 Snow Traveling Vehicle. Amend RSA 259:102 to read as follows:\n\n259:102 [ Snow Traveling Vehicle. \u201cSnow traveling vehicle\u201d] Snowmobile\u201d shall mean any vehicle propelled by mechanical power that is designed to travel over ice or snow supported in part by skis, [ belts] tracks, or cleats[, or low pressure tires]. Only vehicles that are no more than 54 inches in width and no more than 1200 pounds in weight shall be considered a snowmobile. Snowmobiles shall not include OHRVs as defined in RSA 215-A.\n\n210:42 Road Toll Refund. Amend RSA 260:47, I(b) to read as follows:\n\n(b) Road tolls paid by the state of New Hampshire, its agencies, or any city, town, county, school district, or village district which uses the motor fuel in its own vehicles; provided, however, that no person, except an organized club of OHRVs or an organized club of snowmobiles, shall be entitled to a refund for an amount less than $10. The right to receive any refund under this section shall not be assignable and any assignment thereof shall be void. Provided, however, members of an organized club for OHRV or an organized club of snowmobile users may assign individual rights to a refund under this section to their respective clubs for the expansion and maintenance of club trails. With the exception of refunds made to OHRV or snowmobile clubs, no payment of any refund shall be made to any person other than the original person entitled to it and using motor fuel as set forth in this paragraph; and provided further, the OHRV or snowmobile of the user shall be registered for OHRV or snowmobile use in New Hampshire to be eligible for the road toll refund under this section.\n\n210:43 Refund; Motorsport Facility. Amend RSA 260:47, VI to read as follows:\n\nVI. Motorsport facilities which sell or dispense automotive racing fuel for off-highway activities including snowmobile use shall be entitled to apply for a refund under this section. Refunds shall only be granted to such facilities for fuels which are specifically designed for automotive racing and which have an octane rating of 105 or higher.\n\n210:44 Road Tolls; Credit; Insurance. Amend RSA 260:61 to read as follows:\n\n260:61 Credit Provided; Liability Insurance.\n\nI. Annually on or before June 30 the state treasurer shall transfer, from road tolls collected, an amount equal to the number of licensed OHRVs and snowmobiles for the previous year times the average number of gallons consumed per year per OHRV and snowmobile times the gasoline road toll imposed under RSA 260:32, less any amount refunded for OHRV and snowmobile use for the previous year, to the [ OHRV] bureau of trails. For the purposes of this section, \u201cthe average number of gallons consumed per year per OHRV or snowmobile \u201d is 50. The [ OHRV] bureau shall use 66- 2/3 percent of the amount credited for grants under its grant-in-aid program, and 33- 1/3 percent for general operating expenses and expenses incurred in administering and supervising the grant-in-aid program. Any balances in the funds hereby transferred shall not lapse at the end of the fiscal year but shall remain in the OHRV and snowmobile fund.\n\nII. The [ OHRV] bureau\u2019s grant-in-aid program shall bear the expenses of the following:\n\n(a) A liability insurance policy for the benefit of landowners who allow riders of off highway recreational vehicles, as defined in RSA 215-A:1, VI, and snowmobiles, as defined in RSA 215-C:1, to use their property, and\n\n(b) A liability insurance policy for the benefit of landowners who lease their land to the state of New Hampshire for use by riders of off highway recreational vehicles, as defined in RSA 215-A:1, VI, and snowmobiles, as defined in RSA 215-C:1.\n\n210:45 Dealer Number Plates. Amend RSA 261:97 to read as follows:\n\n261:97 Rulemaking Authority on Dealer Number Plates. The director shall have the authority to adopt rules pursuant to RSA 260:5 relative to the issuance and use of dealer number plates by motor vehicle dealers, motorcycle dealers, OHRV dealers, snowmobile dealers, utility dealers, boat dealers, transporters, repairers and wholesalers consistent with the provisions of this chapter relative to such dealer number plates.\n\n210:46 Driver\u2019s License Suspension. Amend RSA 263:64, IV to read as follows:\n\nIV. Any person who violates this section by driving a motor vehicle in this state during the period of suspension or revocation of his or her license or driving privilege for a violation of RSA 265:79 shall be guilty of a misdemeanor. Any person who violates this section by driving a motor vehicle or by operating an OHRV or snowmobile in this state during the period of suspension or revocation of his or her license or driving privilege for a violation of RSA 215-A:11, RSA 215-C:11, RSA 265:82, RSA 265:82-a, or RSA 630:3, II shall be guilty of a misdemeanor and shall be sentenced to imprisonment for a period not less than 7 consecutive 24-hour periods to be served within 6 months of the conviction, shall be fined not more than $1,000, and shall have his or her license or privilege revoked for an additional year. No portion of the minimum mandatory sentence of imprisonment shall be suspended by the court. No case brought to enforce this paragraph shall be continued for sentencing for longer than 35 days. No person serving the minimum mandatory sentence under this paragraph shall be discharged pursuant to authority granted under RSA 651:18, released pursuant to authority granted under RSA 651:19, or in any manner, except as provided in RSA 623:1, prevented from serving the full amount of such minimum mandatory sentence under any authority granted by title LXII or any other provision of law.\n\n210:47 Driving While Intoxicated; Reference Added. Amend the introductory paragraph of RSA 265:82-b, I(a) to read as follows:\n\n(a) Any person who is convicted of any offense under RSA 215-A:11, I, RSA 215-C:11, I, or RSA 265:82 shall be:\n\n210:48 Driving While Intoxicated; Reference Added. Amend the introductory paragraph of RSA 265:82-b, I(b) to read as follows:\n\n(b) Any person who is convicted of any aggravated DWI offense under RSA 215-A:11, II, RSA 215-C:11, II, or RSA 265:82-a, except as provided in subparagraph (c), shall be:\n\n210:49 Driving While Intoxicated; Reference Added. Amend the introductory paragraph of RSA 265:82-b, I(c) to read as follows:\n\n(c) Any person who is convicted of aggravated DWI under RSA 215-A:11, II(a)(1) or II(b)(1), RSA 215-C:11, II(a)(1) or II(b)(1), or RSA 265:82-a, I(b) or II(b), shall be:\n\n210:50 Driving While Intoxicated; Reference Added. Amend the introductory paragraph of RSA 265:82-b, II to read as follows:\n\nII. Upon conviction of any offense under RSA 215-A:11, RSA 215-C:11, RSA 265:82, or RSA 265:82-a, based on a complaint which alleged that the person has had one or more prior convictions under RSA 215-A:11, RSA 215-C:11, RSA 265:82, or RSA 265:82-a, or RSA 630:3, II, or under reasonably equivalent offenses in an out-of-state jurisdiction, within 10 years preceding the date of the second or subsequent offense, the person shall be subject to the following penalties in addition to those provided in paragraph I:\n\n210:51 Driving While Intoxicated; Reference Added. Amend RSA 265:82-b, III to read as follows:\n\nIII. If any person is convicted of a violation of RSA 215-A:11, RSA 215-C:11, RSA 265:82, or RSA 265:82-a, and the conviction is not based upon a complaint which alleges prior convictions as provided in RSA 265:82-b, II, but the person is found to have had one or more such prior convictions in this state or in an out-of-state jurisdiction within 10 years preceding the date of the offense, the person\u2019s driver\u2019s license or privilege to drive shall be revoked for not less than one year nor more than 3 years. Except for good cause found by the court and noted in writing, the court may suspend up to 6 months of this sentence, provided that within 45 days after conviction the person has entered the 7-day program at the state-operated multiple DWI offender intervention detention center program or an equivalent 7-day residential intervention program approved by the , commissioner of health and human services, as provided in RSA 172-B:2-b and RSA 263:65-a. The person\u2019s license shall not be restored until the person has successfully completed the program. The court may further order attendance at a residential treatment center, for a period not to exceed 30 days, at the person\u2019s own expense.\n\n210:52 Driving While Intoxicated; Reference Added. Amend RSA 265:82-b, VI-VIII to read as follow:\n\nVI. Upon conviction under the provisions of RSA 215-A:11, RSA 215-C:11, RSA 265:82, or RSA 265:82-a, the prosecutor shall present to the court a certified copy of the defendant\u2019s record of convictions of motor vehicle offenses under RSA title XXI and reasonably equivalent offenses in out-of-state jurisdictions which are on record at the New Hampshire division of motor vehicles or known to the prosecutor, or a signed statement that the defendant has no such prior convictions within the preceding 7 years. Prior to sentencing the court shall note on the complaint the number of prior convictions for drug or alcohol-related motor vehicle offenses, or the absence of any such prior convictions, as shown on such report or statement.\n\nVII. Any conviction under RSA 215-A:11, RSA 215-C:11, RSA 265:82, or RSA 265:82-a shall be reported to the commissioner of the department of safety, division of motor vehicles, and shall become a part of the motor vehicle driving record of the person convicted.\n\nVIII. Any person convicted of a violation of RSA 215-A:11, RSA 215-C:11, RSA 270:48-a, or RSA 265:82-a, and who at the time of driving a vehicle [ or], off highway recreational vehicle, or snowmobile, or operating a boat was transporting a person under the age of 16, shall have the driver\u2019s license or privilege to drive revoked for the maximum time period under the section violated and the person\u2019s license or privilege to drive shall not be restored until the offender has successfully completed a 7-day program at the state-operated multiple DWI offender program or an equivalent 7-day residential intervention program approved by the commissioner at the person\u2019s own expense.\n\n210:53 Rules of the Road; Annulment. Amend RSA 265:82-c, I to read as follows:\n\nI. Notwithstanding the provisions of RSA 651:5, no court shall order an annulment of any record of conviction of driving or attempting to drive a vehicle upon any way while under the influence of intoxicating liquor or any controlled drug or while having an alcohol concentration of 0.08 or more or of aggravated drunken driving until 10 years after the date of conviction. Any record thus annulled shall be retained in a permanent file, to be opened only for purposes of sentencing in the case of an offense under RSA 215-A:11, II, RSA 215-C:11, II, or RSA 265:82-a.\n\n210:54 Regulation of Motor Vehicle Manufacturers; Definition of OHRV. Amend RSA 357-C:1, XXV to read as follows:\n\nXXV. \u201cOff highway recreational vehicle\u201d means any mechanically propelled vehicle used for pleasure or recreational purposes running on rubber tires, [ belts, cleats,] tracks, [ skis,] or cushioned air and dependent on the ground or surface for travel, or other unimproved terrain whether covered by ice or snow or not, where the operator sits in or on the vehicle. All legally registered motorized vehicles when used for off highway recreational purposes shall fall within the meaning of this definition; provided that, when said OHRV is being used for transportation purposes only, it shall be deemed that said OHRV is not being used for recreational purposes. For purposes of this chapter OHRVs shall also include: \u201call terrain vehicle\u201d as defined in RSA 215-A:1, I-b, [ \u201csnow traveling vehicle\u201d as defined in RSA 215-A:1, XIII,] and \u201ctrail bike\u201d as defined in RSA 215-A:1, XIV. OHRVs shall not include snowmobiles as defined in paragraph XXVI and RSA 215-C:1.\n\n210:55 New Paragraph; Regulation of Motor Vehicle Manufacturers; Definition of Snowmobile. Amend RSA 357-C:1 by inserting after paragraph XXV the following new paragraph:\n\nXXVI. \u201cSnowmobile\u201d means any vehicle propelled by mechanical power that is designed to travel over ice or snow supported in part by skis, tracks, or cleats. Only vehicles that are no more than 54 inches in width and no more than 1200 pounds in weight shall be considered snowmobiles under this chapter. \u201cSnowmobile\u201d shall not include OHRVs as defined in paragraph XXV or RSA 215-A.\n\n210:56 Motor Vehicle Dealers; Prohibited Conduct. Amend the introductory paragraph of RSA 357-C:3, I-b to read as follows:\n\nI-b. Distributor or motor vehicle dealer, in offering for sale a direct import vehicle other than an OHRV or snowmobile, not to disclose to the prospective buyer in writing the following:\n\n210:57 Motor Vehicle Dealers; Termination of Franchise. Amend RSA 357-C:7, II(b)(2) to read as follows:\n\n(2)(A) Except with regard to OHRV and snowmobile dealers, such failure thereafter continued within the period which began not more than 180 days before the date notification of termination, cancellation, or nonrenewal was given pursuant to paragraph V; and\n\n(B) With regard to OHRV and snowmobile dealers, such failure thereafter continued within the period which began not more than 365 days before the date notification of termination, cancellation, or nonrenewal was given pursuant to paragraph V; and\n\n210:58 New Subparagraph; New Motor Vehicle Arbitration. Amend RSA 357-D:2, X by inserting after subparagraph (d) the following new subparagraph:\n\n(e) Any snowmobile as defined in RSA 215-C:1.\n\n210:59 Warranties. Amend RSA 357-D:3, V to read as follows:\n\nV. If, after a reasonable number of attempts, the manufacturer, its agent or authorized dealer or its delegate is unable to conform the motor vehicle to any express warranty by repairing or correcting any defect or condition covered by the warranty which substantially impairs the use, market value, or safety of the motor vehicle to the consumer, the manufacturer shall, at the option of the consumer within 30 days of the effective date of the board\u2019s order, replace the motor vehicle with a new motor vehicle from the same manufacturer, if available, of comparable worth to the same make and model with all options and accessories with appropriate adjustments being allowed for any model year differences or shall accept return of the vehicle from the consumer and refund to the consumer the full purchase price or to the lessee, in the case of leased vehicles, as provided in paragraph IX. In those instances in which a refund is tendered, the manufacturer shall refund to the consumer the full purchase price as indicated in the purchase contract and all credits and allowances for any trade-in or down payment, license fees, finance charges, credit charges, registration fees, and any similar charges and incidental and consequential damages or, in the case of leased vehicles, as provided in paragraph IX. Refunds shall be made to the consumer and lienholder, if any, as their interests may appear, or to the motor vehicle lessor and lessee as provided in paragraph IX. A reasonable allowance for use shall be that amount directly attributable to use by the consumer prior to the first repair attempt and shall be calculated by multiplying the full purchase price of the vehicle by a fraction having as its denominator 100,000, or for a motorcycle, snowmobile, or OHRV with an engine size of 250 cubic centimeters or smaller 20,000, or for a motorcycle, snowmobile, or OHRV with an engine size greater than 250 cubic centimeters 40,000, and having as its numerator the number of miles that the vehicle traveled prior to the first attempt at repairing the vehicle.\n\n210:60 Warranties. Amend RSA 357-D:3, IX(a) to read as follows:\n\n(a) The manufacturer shall provide to the lessee the aggregate deposit and rental payments previously paid to the motor vehicle lessor by the lessee, and incidental and consequential damages, if applicable, minus a reasonable allowance for use. The aggregate deposit shall include, but not be limited to, all cash payments and trade-in allowances tendered by the lessee to the motor vehicle lessor under the lease agreement. The reasonable allowance for use shall be calculated by multiplying the aggregate deposit and rental payments made by the lessee on the motor vehicle by a fraction having as its denominator 100,000 or for a motorcycle, snowmobile, or OHRV 20,000, and having as its numerator the number of miles that the vehicle traveled prior to the first attempt to repair the vehicle.\n\n210:61 Self Storage Liens. Amend RSA 451-C:1, II to read as follows:\n\nII. \u201cMotor vehicle\u201d means a motor vehicle as defined in RSA 259:60, a motorcycle as defined in RSA 259:63, and any boat, watercraft, or motorized vehicle including any \u201coff highway recreational vehicle\u201d as defined in RSA 215-A:1, VI or any snowmobile as defined in RSA 215-C:1.\n\n210:62 Wetlands. Amend RSA 482-A:14-b, III to read as follows:\n\nIII. A landowner shall not be liable for violations of this chapter caused by persons operating OHRVs, as defined in RSA 215-A:1, V, or snowmobiles, as defined in RSA 215-C:1, in a location or in a manner not authorized by the landowner.\n\n210:63 Continuation of Rules. All existing rules adopted by the commissioner of resources and economic development and the executive director of fish and game relative to snowmobiles pursuant to authority in RSA 215-A, shall continue in effect until such rules are amended, repealed, or expire under RSA 541-A.\n\n210:64 Repeal. The following are repealed:\n\nI. RSA 215-A:1, I-a, relative to defining antique snow traveling vehicle.\n\nII. RSA 215-A:1, III, relative to defining cowl.\n\nIII. RSA 215-A:1, XVIII, relative to defining youth model snowmobile.\n\nIV. RSA 215-A:5-b, relative to operation on open water.\n\nV. RSA 215-A:7, relative to operation of snowmobiles.\n\nVI. RSA 215-A:10, III, relative to snow traveling vehicle limitations on highways.\n\nVII. RSA 215-A:12, I and II, relative to manufacturing requirements for snowmobiles.\n\nVIII. RSA 215-A:15, VI, relative to local regulation of trails.\n\nIX. RSA 215-A:21, IV and IV-a, relative to registration.\n\nX. RSA 215-A:21, IV-d, relative to youth model registration.\n\nXI. RSA 215-A:23, II, relative to resident registration fees.\n\n210:65 Effective Date. This act shall take effect July 1, 2006.\n\n(Approved: July 1, 2005)\n\n(Effective Date: July 1, 2006)", "in_text": [], "chars": 171087}, "nver": 0, "namd": 0, "rsa": {"RSA 215-C": "/laws/215-c", "RSA 271:20": "/laws/271#s20", "RSA 215-C:45": "/laws/215-c#s45", "RSA 215-A:26": "/laws/215-a#s26", "RSA 215-A": "/laws/215-a", "RSA 215-A:2": "/laws/215-a#s2", "RSA 216-A:11": "/laws/216-a#s11", "RSA 216-A:7": "/laws/216-a#s7", "RSA 215-C:3": "/laws/215-c#s3", "RSA 541-A": "/laws/541-a", "RSA 215-C:39": "/laws/215-c#s39", "RSA 215-C:8": "/laws/215-c#s8", "RSA 482-A:3": "/laws/482-a#s3", "RSA 215-C:50": "/laws/215-c#s50", "RSA 215-C:9": "/laws/215-c#s9", "RSA 215-C:31": "/laws/215-c#s31", "RSA 236:56": "/laws/236#s56", "RSA 215-C:2": "/laws/215-c#s2", "RSA 625:11": "/laws/625#s11", "RSA 215-C:12": "/laws/215-c#s11", "RSA 259:3-b": "/laws/259#s3-b", "RSA 265:82": "/laws/265#s82", "RSA 265:82-b": "/laws/265#s82-b", "RSA 265:82-a": "/laws/265#s82-a", "RSA 265:92": "/laws/265#s92", "RSA 265:89": 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"/laws/215-c#s49", "RSA 159": "/laws/159", "RSA 215-C:37": "/laws/215-c#s37", "RSA 206:42": "/laws/206#s42", "RSA 215-C:42": "/laws/215-c#s42", "RSA 263": "/laws/263", "RSA 215-A:29": "/laws/215-a#s29", "RSA 626:8": "/laws/626#s8", "RSA 207:1": "/laws/207#s1", "RSA 265:79": "/laws/265#s79", "RSA 630:3": "/laws/630#s3", "RSA 263:64": "/laws/263#s64", "RSA 215-A:23": "/laws/215-a#s23", "RSA 215-C:10": "/laws/215-c#s10", "RSA 5-C:2": "/laws/5-c#s2", "RSA 6:12": "/laws/6#s12", "RSA 215-A:3": "/laws/215-a#s3", "RSA 12-A:1-d": "/laws/12-a#s1-d", "RSA 227-G:7": "/laws/227-g#s7", "RSA 502:14": "/laws/502", "RSA 502-A:8": "/laws/502-a#s8", "RSA 270-E:5": "/laws/270-e#s5", "RSA 207:7": "/laws/207#s7", "RSA 207:7-a": "/laws/207#s7-a", "RSA 215-A:1": "/laws/215-a#s1", "RSA 208:7": "/laws/208#s7", "RSA 208:8": "/laws/208#s8", "RSA 211:17-b": "/laws/211#s17-b", "RSA 212:34": "/laws/212#s34", "RSA 215-A:3-a": "/laws/215-a#s3-a", "RSA 215-A:6": "/laws/215-a#s6", "RSA 215-A:11-m": "/laws/215-a#s11-k", "RSA 215-A:13": "/laws/215-a#s13", "RSA 215-A:12": "/laws/215-a#s12", "RSA 215-A:17": "/laws/215-a#s17", "RSA 215-A:19": "/laws/215-a#s19", "RSA 215-A:21": "/laws/215-a#s21", "RSA 215-A:22": "/laws/215-a#s22", "RSA 215-A:24": "/laws/215-a#s24", "RSA 215-A:24-b": "/laws/215-a#s24-b", "RSA 215-A:24-a": "/laws/215-a#s24-a", "RSA 215-A:26-a": "/laws/215-a#s26-a", "RSA 215-A:27": "/laws/215-a#s27", "RSA 215-A:30": "/laws/215-a#s30", "RSA 215-A:32-a": "/laws/215-a#s32-a", "RSA 216-F:2": "/laws/216-f#s2", "RSA 216-F:5": "/laws/216-f#s5", "RSA 215-A:9": "/laws/215-a#s9", "RSA 259:24": "/laws/259#s24", "RSA 259:25": "/laws/259#s25", "RSA 259:60": "/laws/259#s60", "RSA 259:69": "/laws/259#s69", "RSA 259:81": "/laws/259#s81", "RSA 259:102": "/laws/259#s102", "RSA 260:47": "/laws/260#s47", "RSA 260:61": "/laws/260#s61", "RSA 260:32": "/laws/260#s32", "RSA 261:97": "/laws/261#s97", "RSA 260:5": "/laws/260#s5", "RSA 651:18": "/laws/651#s18", "RSA 651:19": "/laws/651#s19", "RSA 623:1": "/laws/623#s1", "RSA 172-B:2-b": "/laws/172-b#s2-a", "RSA 263:65-a": "/laws/263#s65-a", "RSA 270:48-a": "/laws/270#s47", "RSA 651:5": "/laws/651#s5", "RSA 357-C:1": "/laws/357-c#s1", "RSA 357-C:3": "/laws/357-c#s3", "RSA 357-C:7": "/laws/357-c#s7", "RSA 357-D:2": "/laws/357-d#s2", "RSA 357-D:3": "/laws/357-d#s3", "RSA 451-C:1": "/laws/451-c#s1", "RSA 259:63": "/laws/259#s63", "RSA 482-A:14-b": "/laws/482-a#s14-b", "RSA 215-A:5-b": "/laws/215-a#s5-b", "RSA 215-A:7": "/laws/215-a#s7", "RSA 215-A:10": "/laws/215-a#s10", "RSA 215-A:15": "/laws/215-a#s15"}, "amends": {"RSA 6:12": "/laws/6#s12", "RSA 12-A:1-d": "/laws/12-a#s1-d", "RSA 206:34": "/laws/206#s34", "RSA 206:42": "/laws/206#s42", "RSA 207:7": "/laws/207#s7", "RSA 207:7-a": "/laws/207#s7-a", "RSA 208:7": "/laws/208#s7", "RSA 208:8": "/laws/208#s8", "RSA 211:17-b": "/laws/211#s17-b", "RSA 212:34": "/laws/212#s34", "RSA 215-A:1": "/laws/215-a#s1", "RSA 215-A:3": "/laws/215-a#s3", "RSA 215-A:6": "/laws/215-a#s6", "RSA 215-A:11-m": "/laws/215-a#s11-k", "RSA 215-A:11-q": "/laws/215-a#s11-k", "RSA 215-A:13": "/laws/215-a#s13", "RSA 215-A:17": "/laws/215-a#s17", "RSA 215-A:19": "/laws/215-a#s19", "RSA 215-A:21": "/laws/215-a#s21", "RSA 215-A:22": "/laws/215-a#s22", "RSA 215-A:23": "/laws/215-a#s23", "RSA 215-A:24": "/laws/215-a#s24", "RSA 215-A:24-b": "/laws/215-a#s24-b", "RSA 215-A:26-a": "/laws/215-a#s26-a", "RSA 215-A:27": "/laws/215-a#s27", "RSA 215-A:29": "/laws/215-a#s29", "RSA 215-A:30": "/laws/215-a#s30", "RSA 215-A:32-a": "/laws/215-a#s32-a", "RSA 216-F:2": "/laws/216-f#s2", "RSA 216-F:5": "/laws/216-f#s5", "RSA 236:56": "/laws/236#s56", "RSA 259:24": "/laws/259#s24", "RSA 259:25": "/laws/259#s25", "RSA 259:69": "/laws/259#s69", "RSA 259:81": "/laws/259#s81", "RSA 259:102": "/laws/259#s102", "RSA 260:47": "/laws/260#s47", "RSA 260:61": "/laws/260#s61", "RSA 261:97": "/laws/261#s97", "RSA 263:64": "/laws/263#s64", "RSA 265:82-b": "/laws/265#s82-b", "RSA 265:82-c": "/laws/265#s82-c", "RSA 357-C:1": "/laws/357-c#s1", "RSA 357-C:3": "/laws/357-c#s3", "RSA 357-C:7": "/laws/357-c#s7", "RSA 357-D:2": "/laws/357-d#s2", "RSA 357-D:3": "/laws/357-d#s3", "RSA 451-C:1": "/laws/451-c#s1", "RSA 482-A:14-b": "/laws/482-a#s14-b", "RSA 215-A:5-b": "/laws/215-a#s5-b", "RSA 215-A:7": "/laws/215-a#s7", "RSA 215-A:10": "/laws/215-a#s10", "RSA 215-A:12": "/laws/215-a#s12", "RSA 215-A:15": "/laws/215-a#s15"}, "changed": ["6:12", "12-A:1-d", "206:34", "206:42", "207:7", "207:7-a", "208:7", "208:8", "211:17-b", "212:34", "215-A:1", "215-A:3", "215-A:5-b", "215-A:6", "215-A:7", "215-A:10", "215-A:12", "215-A:13", "215-A:15", "215-A:17", "215-A:19", "215-A:21", "215-A:22", "215-A:23", "215-A:26-a", "215-A:27", "215-A:29", "215-A:30", "215-A:32-a", "215-C:1", "215-C:2", "215-C:3", "215-C:4", "215-C:5", "215-C:6", "215-C:7", "215-C:8", "215-C:9", "215-C:10", "215-C:28", "215-C:29", "215-C:30", "215-C:31", "215-C:32", "215-C:33", "215-C:34", "215-C:35", "215-C:36", "215-C:37", "215-C:38", "215-C:39", "215-C:44", "215-C:45", "215-C:46", "215-C:47", "215-C:48", "215-C:49", "215-C:50", "215-C:51", "215-C:52", "215-C:53", "215-C:54", "215-C:55", "215-C:56", "215-C:57", "216-F:2", "216-F:5", "236:56", "259:24", "259:25", "259:69", "259:81", "259:102", "260:47", "260:61", "261:97", "263:64", "357-C:1", "357-C:3", "357-C:7", "357-D:2", "357-D:3", "482-A:14-b"]}