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The committee on Transportation to whom was referred the petition (accompanied by petition, House, No. 3592), relative to child safety on ATVS, with an amendment substituting a new draft entitled An Act relative to the regulation of snow and recreation vehicle (Senate, No. 2735). Steven A Baddour, |
SECTION 1. Section 20 of Chapter 90B is hereby amended as follows:-
Strike the existing definition of “Law enforcement officer, “ and insert in place thereof, the following new definition:-
“Law enforcement officer”, the director, deputy directors of enforcement, chiefs of enforcement, deputy chiefs of enforcement, environmental police officers and deputy environmental police officers of the office of environmental law enforcement, executive office of energy and environmental affairs, suitably-trained park rangers of the department of conservation and recreation, registrar or his authorized agents, police officers, fish and game wardens as defined in section one of chapter one hundred and thirty-one, members of the state police, and city and town police officers or employees of the commonwealth having police powers on public lands.
Strike the existing definition of “Recreation Vehicle,” and insert in place thereof, the following new definition:-
“Recreation Vehicle”, any motor vehicle designed or modified for use over unimproved terrain if used for recreation or pleasure off a public way as defined in chapter ninety, including but not limited to, all terrain vehicles, off highway motorcycles, dirt bikes, recreation utility vehicles, utility vehicles, and all legally registered motor vehicles when used off a way, as defined in chapter ninety, including motorcycles; said recreation vehicles are also referred to as “off-highway vehicles” or “off-road vehicles;” provided, however, that vehicles used for agriculture, forestry, lumbering or construction purposes shall be excluded from this definition when used for such purpose; provided, further, that in any complaint brought under this chapter the burden shall be upon the defendant to prove such use. Any motor vehicle legally registered under chapter ninety will not be subject to registration under this chapter but registration numbers shall be displayed as required by said chapter ninety.
Insert the following new definitions:-
“All Terrain Vehicle (ATV)”, a motorized recreational vehicle designed to travel on four low pressure tires having a seat designed to be straddled by the operator and handlebars for steering control.
“Recreation Utility Vehicle/Utility Vehicle,” a motorized flotation-tire vehicle with not less than four and not more than six low-pressure tires that is limited in engine displacement to less than 1,500 cubic centimeters and in total dry weight to not more than 1,800 pounds and that has a seat that is of bench design, not intended to be straddled by the operator, and a steering wheel for control.
SECTION 2: Section 21 of Chapter 90B is hereby stricken and the following new paragraph inserted thereof:-
Section 21. No person shall operate a snow vehicle or a recreation vehicle unless such vehicle has been registered in accordance with the provisions of this chapter.
SECTION 3. Section 24 of Chapter 90B is hereby amended as follows:-
In paragraph 1, line 2, after the phrase “, a red rear light”, insert the phrase “, a rear break light,”.
Strike the existing language in paragraph 2 and inserting in place thereof the following new language:-
Every person operating or riding in or on a recreation vehicle or a snow vehicle or a sled attached thereto shall wear protective headgear conforming with such minimum standards for construction and performance as the registrar of motor vehicles may prescribe.
Strike the language in the third paragraph and inserting in place thereof the following new language:-
No snow vehicle and no recreation vehicle shall be operated which emits obnoxious fumes or which makes an unusual or excessive noise. No snow vehicle or recreation vehicle manufactured after January the first, nineteen hundred and ninety eight shall be sold, offered for sale, or operated that produces a sound pressure level of more than ninety six dbA when measured from a distance of 20 inches using test procedures established by the Society of Automotive Engineers under Standard J1287 JUL98 or with such other test procedure for measurement of sound pressure levels as the registrar of motor vehicles may adopt. No snow vehicle or recreation vehicle manufactured prior to January 1, 1998 shall be offered for sale or operated that produces a sound pressure level of more than one hundred and one dbA when measured from a distance of 20 inches using test procedures established by the Society of Automotive Engineers under Standard J1287 JUL98 or with such other test procedure for measurement of sound pressure levels as the registrar of motor vehicles may adopt.
SECTION 4. Section 25 of Chapter 90B is hereby amended as follows:-
Strike the first sentence in paragraph 3 and insert in place thereof the following new sentence:-
After coming to a full stop a snow vehicle or a recreation vehicle may cross, as directly as possible, a public way, except a controlled access highway, provided, however, that in the case of recreation vehicles, such public way and crossing must be marked and approved for use by said vehicles as part of an authorized recreation vehicle trail system, and provided further that such crossing can be made in a safe manner and it does not interfere with the free movement of vehicular traffic.
Insert the following new sentence at the end of paragraph 3:-
No person under sixteen and one half years of age shall operate a snow vehicle or a recreation vehicle across or on a public way unless said operator has a motor vehicle driver’s license or a learner’s permit or is directly supervised, as defined in section twenty-six D of chapter 90B, by an adult that is eighteen years of age or older.
Amend paragraph 4 to insert after each reference therein to “a snow vehicle,” the words “ or a recreation vehicle”.
SECTION 5. Section 26 of Chapter 90B is hereby amended by striking the existing language and inserting in place thereof the following new language:-
(a) (1) No person shall operate a snow vehicle or a recreation vehicle recklessly or negligently so as to endanger the lives or safety of the public. Whoever operates a snow vehicle or a recreation vehicle recklessly, or operates a snow vehicle or a recreation vehicle negligently so that the lives or safety of the public might be endangered, or upon a bet or wager or in a race, or whoever operates a snow vehicle or a recreation vehicle for the purpose of making a record and thereby violates any speed regulation, or whoever without stopping and making known his name, residence and the registration number of his snow vehicle or recreation vehicle goes away after knowingly colliding with or otherwise causing injury to any other snow vehicle or recreation vehicle or property, or whoever knowingly makes any false statement in an application for a registration number of a snow vehicle or recreation vehicle shall for a first offense be punished by a fine of not less than two hundred and fifty dollars nor more than one thousand dollars or by imprisonment for not less than thirty days nor more than two years, or both, for a second offense by a fine of not less than six hundred dollars nor more than ten thousand dollars and by imprisonment for not less than sixty days nor more than two and one half years, for a third offense by a fine of not less than one thousand nor more than fifteen thousand dollars and by imprisonment for not less than two and one half years nor more than five years, and for a fourth or subsequent offense by a fine of not less than fifteen hundred dollars nor more than twenty-five thousand dollars and by imprisonment for not less than two and one half years nor more than five years.
Whoever uses a snow vehicle or a recreation vehicle without authority knowing that such use is unauthorized shall, for the first offense be punished by a fine of not less than fifty dollars nor more than five hundred dollars or by imprisonment for not less than thirty days nor more than two years, or both, and for a second offense by imprisonment in the state prison for not more than five years or in a house of correction for not less than thirty days nor more than two and one-half years, or by a fine of not more than one thousand dollars, or by both such fine and imprisonment; and whoever is found guilty of a third or subsequent offense of such use without authority committed within five years of the earliest of his two most recent prior offenses shall be punished by a fine of not less than two hundred dollars nor more than one thousand dollars or by imprisonment for not less than six months nor more than two and one-half years in a house of correction or for not less than two and one-half years nor more than five years in the state prison or by both fine and imprisonment.
Whoever operates a snow vehicle or a recreation vehicle and, without stopping and making known his name, residence and the registration number of his snow vehicle or recreation vehicle, goes away after knowingly colliding with or otherwise causing injury to any person shall be punished by imprisonment for not less than two months nor more than two years.
A summons may be issued instead of a warrant for arrest upon a complaint for a violation of any provision of this subsection if in the judgment of the court or justice receiving the complaint there is reason to believe that the defendant will appear upon a summons.
A conviction of a violation of this subsection shall be reported forthwith by the court or magistrate to the registrar of motor vehicles, who may in any event, and shall unless the court or magistrate recommends otherwise, revoke immediately the license or right to operate and to the director, who may immediately revoke the registration number of the person so convicted, and no appeal, motion for new trial or exceptions shall operate to stay the revocation of such license, right to operate or registration number. If it appears by the records of the director that the person so convicted is the owner of a snow vehicle or a recreation vehicle or has exclusive control of any snow vehicle or recreation vehicle as a manufacturer or dealer or otherwise, the director may revoke the registration of numbers of any or all snow vehicles or recreation vehicles so owned or exclusively controlled.
The registrar, after having revoked the license or right to operate of any person under this subsection, in his discretion, may issue a new license or reinstate the right to operate and the director may issue a new registration number, if the prosecution of such person in the superior court has terminated in favor of the defendant or after an investigation or upon hearing, the registrar may issue a new license or reinstate the right to operate and the director may issue a new registration number to a person convicted in any court of the violation of any provision of this subsection; provided, that no license shall be issued by the registrar to any person convicted of going away without stopping and making known his name, residence and the registration number of his snow vehicle or recreation vehicle after having, while operating such snow vehicle or recreation vehicle knowingly collided with or otherwise caused injury to any person, or to any person adjudged a delinquent child by reason thereof under the provisions of section fifty-eight B of chapter one hundred and nineteen, until one year after the date of revocation following his original conviction or adjudication if for a first offense or until two years after the date of revocation following any subsequent conviction or adjudication, or to any person convicted of using a snow vehicle or recreation vehicle knowing that such use is unauthorized, until one year after the date of revocation following his original conviction or adjudication if for a first offense or until three years after the date of revocation following any subsequent conviction or adjudication, or to any person convicted of violating any other provision of this subsection until sixty days after the date of revocation following his original conviction if for a first offense, or one year after the date of revocation following any subsequent conviction within a period of three years. But the registrar, after investigation, may at any time rescind the revocation of a license or right to operate revoked because of a conviction of operating a snow vehicle or a recreation vehicle negligently so that the lives or safety of the public might be endangered and the director, after investigation, may at any time rescind the revocation of a registration number revoked because of a conviction of operating a snow vehicle or a recreation vehicle negligently so that the lives or safety of the public might be endangered.
Notwithstanding any of the foregoing, any person whose registration number has been revoked under this subsection may at any time and shall within fifteen days be granted a hearing for the purpose of requesting the issuance of a registration number on the grounds of hardship and the director may, in his discretion, issue such registration number under such terms and conditions as he deems appropriate and necessary.
The prosecution of any person for the violation of any provision of this subsection, if a subsequent offense, shall not, unless the interests of justice require such disposition, be placed on file or otherwise disposed of except by trial, judgment and sentence according to the regular course of criminal proceedings; and such a prosecution shall be otherwise disposed of only on motion in writing stating specifically the reasons therefore and verified by affidavits if facts are relied upon.
If the court or magistrate certifies in writing that it is satisfied that the reasons relied upon are sufficient and that the interests of justice require the allowance of the motion, the motion shall be allowed and the certificate shall be filed in the case. A copy of the motion and certificate shall be sent by the court or magistrate forthwith to the director.
In any prosecution commenced pursuant to this subsection, introduction into evidence of a prior conviction or prior finding of sufficient facts by either original court papers or certified attested copy of original court papers, accompanied by a certified attested copy of the biographical and informational data from official probation office records, shall be prima facie evidence that a defendant has been convicted previously or assigned to an alcohol education or rehabilitation program because of a like offense by a court of the commonwealth one or more times within a period of six years preceding the date of commission of the offense for which said defendant is being prosecuted.
(b) (1) Whoever operates a snow vehicle or a recreation vehicle recklessly or negligently so that the lives or safety of the public might be endangered, and by any such operation so described causes serious bodily injury, shall be punished by imprisonment in the state prison for not less than two and one-half years nor more than ten years and by a fine of not more than five thousand dollars, or by imprisonment in a jail or house of correction for not less than six months nor more than two and one-half years and by a fine of not more than five thousand dollars. The sentence imposed upon such person shall not be reduced to less than six months, nor suspended, nor shall any person convicted under this subsection be eligible for probation, parole, or furlough or receive any deduction from his sentence until such person has served at least six months of such sentence; provided, however, that the commissioner of correction may, on the recommendation of the warden, superintendent, or other person in charge of a correctional institution, grant to an offender committed under this subsection a temporary release in the custody of an officer of such institution for the following purposes only: to attend the funeral of a relative; to visit a critically ill relative; to obtain emergency medical or psychiatric services unavailable at said institution; or to engage in employment pursuant to a work release program. Prosecutions commenced under this subsection shall neither be continued without a finding nor placed on file.
The provisions of section eighty-seven of chapter two hundred and seventy-six shall not apply to any person charged with a violation of this section.
(2) For the purposes of this subsection “serious bodily injury” shall mean bodily injury which creates a substantial risk of death or which involves either total disability or the loss or substantial impairment of some bodily function for a substantial period of time.
(3) The registrar of motor vehicles shall revoke the license or right to operate and the director shall revoke the registration number of a person convicted of a violation of this subsection for a period of two years after the date of conviction. No appeal, motion for new trial or exception shall operate to stay the revocation of said license, right to operate or certificate of number provided, however, that such license, right to operate and certificate of number shall be restored if the prosecution of such person ultimately terminates in favor of the defendant.
Notwithstanding the foregoing, any person whose registration number has been revoked under this section may at any time apply for and shall within fifteen days be granted a hearing for the purpose of requesting the issuance of a registration number on the grounds of hardship and the director may, in his discretion, issue such certificate of number under such terms and conditions as he deems appropriate and necessary.
(c)(1) Whoever operates a snow vehicle or a recreation vehicle and so operates said snow vehicle or recreation vehicle recklessly or negligently so that the lives or safety of the public might be endangered, and by any such operation so described causes the death of another person, shall be guilty of vehicular homicide, and shall be punished by imprisonment in the state prison for not less than two and one-half years nor more than fifteen years and a fine of not more than five thousand dollars, or by imprisonment in a jail or house of correction for not less than one year nor more than two and one-half years and a fine of not more than five thousand dollars. The sentence imposed upon such person shall not be reduced to less than one year, nor suspended, nor shall any person convicted under this subsection be eligible for probation, parole, or furlough or receive any deduction from his sentence until such person has served at least one year of such sentence; provided, however, that the commissioner of correction may, on the recommendation of the warden, superintendent, or other person in charge of a correctional institution, or the administrator of a county correctional institution, grant to an offender committed under this paragraph a temporary release in the custody of an officer of such institution for the following purposes only: to attend the funeral of a relative; to visit a critically ill relative; to obtain emergency medical or psychiatric services unavailable at said institution; or to engage in employment pursuant to a work release program. Prosecutions commenced under this subsection shall neither be continued without a finding nor placed on file.
The provisions of section eighty-seven of chapter two hundred and seventy-six, shall not apply to any person charged with a violation of this section.
(2) The registrar shall revoke the license or right to operate and the director shall revoke the registration number of a person convicted of a violation of this subsection for a period of ten years after the date of conviction for a first offense. The registrar shall revoke the license or the right to operate and the director shall revoke the registration number of a person convicted for a subsequent violation of this subsection for the life of such person. No appeal, motion for a new trial or exceptions shall operate to stay the revocation of the license, right to operate, or registration number provided, however, such license, right to operate and registration number shall be restored if the prosecution of such person ultimately terminates in favor of the defendant.
Notwithstanding the foregoing, any person whose registration number has been revoked under this subsection may at any time apply for and shall within fifteen days be granted a hearing for the purpose of requesting the issuance of a certificate of number on the grounds of hardship and the director may, in his discretion, issue such certificate of number under such terms and conditions as he deems appropriate and necessary.
SECTION 6. Chapter 90B is hereby amended by adding the following new section:-
Section 26A. No one shall operate a snow vehicle or a recreation vehicle in a manner that harasses or otherwise harms deer or other wildlife. No one shall operate a snow vehicle or a recreation vehicle in a reforested or planted area in a manner that causes damage to growing stock. No one shall operate a snow vehicle or a recreation vehicle in a manner that causes damage to public or private property, including but not limited to, lands owned or managed by the department of conservation and recreation or the division of fisheries and wildlife, wetlands or other waters of the commonwealth, priority habitats delineated by the division of fisheries and wildlife pursuant to chapter one hundred and thirty-one A, lands used for public water supply purposes or historic or archaeological sites.
SECTION 7. Chapter 90B is hereby amended by adding the following new section:-
Section 26B. No person shall operate a snow vehicle or a recreation vehicle on privately owned property, except in cases of emergency, unless: (a) the operator is the owner or lessee or immediate family member of the owner or lessee of such property; (b) the operator has in his possession either a document, signed by the owner or lessee of such property or his agent, authorizing the operation of a said vehicle on such property by the operator or valid proof of current membership in a club, association or other organization to which express authorization for the operation of said vehicles on such property has been granted; provided, however, that such operation shall be consistent with the express authorization so granted and any restrictions imposed therewith; or (c) the owner or lessee of such property has designated the area for use by said vehicles by posting reasonable notice of such designation in a manner approved by the director.
SECTION 8. Chapter 90B is hereby amended by adding the following new section:-
Section 26C. No one shall carry a firearm, rifle or shotgun in or on a snow vehicle or a recreation vehicle or on a trailer or sled attached thereto unless such firearm, rifle or shotgun is unloaded and in an enclosed case, unless he is a law enforcement officer or other person authorized to carry arms as specifically described in section thirty-two, or a paraplegic as provided in section sixty-five of chapter one hundred and thirty-one.
SECTION 9. Chapter 90B is hereby amended by adding the following new section:-
Section 26D. (a) No person under fourteen years of age shall operate a snow vehicle or recreation vehicle. No person under sixteen and one half years of age shall operate a snow vehicle or a recreation vehicle across a public highway. No person between the age of fourteen years of age and sixteen years of age shall operate a recreation vehicle with an engine capacity greater than 90 cubic centimeters and unless directly supervised by an adult that is eighteen years of age or older . For the purposes of this section, direct supervision shall mean that the supervising adult shall be sufficiently close to an operator at all times that the vehicle is in operation, such that a reasonable person under the totality of the circumstances including, but not limited to, vehicle and ambient noise, the landscape and geography of the location, and the operator’s wearing of protective headgear, would believe that he is maintaining visual contact and verbal communication with the operator.
(b) The director may, after consultation with the state off-highway advisory committee and a public hearing, promulgate regulations consistent with this chapter, including but not limited to increasing age at which persons may operate a snow vehicle or recreation vehicle in the commonwealth or regulating the engine size and speed capabilities of such based on the age of the operator.
(c) The Director shall, within 180 days of passage of this act, amend any CMRs such that they are consistent with this act.
SECTION 10. Chapter 90B is hereby amended by adding the following new section:-
Section 26E. A motor vehicle operator’s license or learner’s permit shall not be required for the operation of a snow vehicle or a recreation vehicle, except as otherwise provided in section 25 of chapter ninety B.
SECTION 11. Chapter 90B is hereby amended by adding the following section:-
Section 26F. All operators of recreation vehicles born after January 1, 1990 shall successfully complete a recreation vehicle safety and responsibility course approved by the director of the office of environmental law enforcement. A parent or the legal guardian of an operator of recreation vehicles under sixteen years of age shall participate in at least one session of the safety and responsibility course or as required by the director in his approval of said course. Proof of the successful completion of the recreation vehicle safety and responsibility course shall be carried on the person of the operator while transporting or operating a recreation vehicle. Proof of an operator’s successful completion of another state’s equivalent recreation vehicle safety and responsibility course, as determined by the director, shall be valid in the commonwealth.
SECTION 12. Chapter 90B is hereby amended by adding the following new section:-
Section 26G. (a) Any owner of a snow vehicle or a recreation vehicle or other person who authorizes a person under eighteen years of age to operate a snow vehicle or a recreation vehicle shall be held liable, jointly and severally, with the operator for any damage or injuries caused by said minor’s operation of the vehicle and for any fines, penalties or restitution resulting therefrom.
(b) Any owner of a snow vehicle or a recreation vehicle or other person who knowingly permits a person eighteen years of age or older to operate a snow vehicle or a recreation vehicle in violation of this chapter shall be held liable, jointly and severally, with the operator, for any damage or injuries caused by said person’s negligent operation of the vehicle and for any fines, penalties or restitution resulting therefrom.
SECTION 13. Section 32 of Chapter 90B is hereby amended as follows:-
Strike the first sentence in paragraph 1, and insert in place thereof, the following new sentence:-
The provisions of sections twenty-one to thirty-four, inclusive, and all the rules and regulations made under the authority thereof shall be enforced by the director, deputy directors of enforcement, chiefs of enforcement, deputy chiefs of enforcement, environmental police officers and deputy environmental police officers of the office of environmental law enforcement, executive office of energy and environmental affairs, suitably-trained park rangers of the department of conservation and recreation, registrar or his authorized agents, police officers, fish and game wardens as defined in section one of chapter one hundred and thirty-one, members of the state police, and city and town police officers or employees of the commonwealth having police powers on public lands.
SECTION 14. Section 34 of Chapter 90B is hereby amended by striking the existing language and inserting in place thereof the following:-
Section 34. Whoever violates any provision of sections twenty-one to twenty-four, inclusive, or any rule or regulation made thereunder, shall be punished by a fine of not less than one hundred dollars nor more than two hundred and fifty dollars.
Whoever violates any provision of sections twenty-one to twenty-four, inclusive, or any rule or regulation made thereunder more than once within twenty four months shall be punished by a fine of not less than two hundred and fifty dollars nor more than five hundred dollars or imprisonment for not less than thirty days nor more than one year, or both such fine and imprisonment.
Whoever violates any provision of section twenty-five or section twenty six A to twenty six G , inclusive, or section 27, inclusive, or of any rule or regulation made thereunder, shall be punished by a fine of not less than two hundred and fifty dollars nor more than five hundred dollars, or by a fine of not less than two hundred fifty dollars nor more than one thousand dollars or imprisonment for not less than 60 days nor more than one year or both such fine and imprisonment.
SECTION 15. Section 10H of Chapter 21A is hereby amended by inserting the following two new paragraph after paragraph three:-
A person notified to appear before the clerk of a district court as provided in section 10G for violation of section 24, section 25, sections 26B through 26G, or twenty seven of said chapter 90B may so appear within the time specified and pay a fine of $150 dollars.
A person notified to appear before the clerk of a district court as provided in section 10G for violation of subsection (e) of section 26 and section 26A may so appear within the time specified and pay a fine of $250 dollars.
SECTION 16. Section 121A of Chapter 266 is hereby amended by striking the existing language in paragraph one and inserting in place thereof the following:-
Whoever, without right, enters upon the private land of another, whether or not such land be posted against trespass, and in so entering makes use of or has in his immediate possession or control any vehicle, machine, or device which includes an internal combustion engine or other source of mechanical power, shall be punished by a fine of not less than two hundred and fifty dollars nor more than five hundred dollars, or by a fine of not less than two hundred fifty dollars nor more than one thousand dollars or imprisonment for not less than 60 days nor more than one year or both such fine and imprisonment.
SECTION 17. Chapter 21A is hereby amended by inserting the following new section:-
Section 18B. There is hereby established within the executive office of energy and environmental affairs a state off-highway vehicle advisory committee. The committee shall advise the secretary and the department of conservation and recreation, the department of fish and game, the department of environmental protection, and the office of environmental law enforcement within said executive office on matters involving the commonwealth’s regulation of off-highway vehicles, including the development and enforcement of state regulations and policies, safety and training programs, and the distribution of available state funding. The secretary shall appoint the members of the committee, which shall consist of 12 members. Of the committee members, 3 shall be representatives of off-highway vehicle users; 1 shall be a representative of the off-highway vehicle manufacturers and dealers; 1 shall be a representative of the department of public health; 1 shall be a representative of child safety advocates associated with the use of off-highway vehicles; 1 shall be a representative of snowmobile association of Massachusetts; 2 shall be representatives of a non-profit organization that owns and manages land open to the public; 1 shall be a representative of an association or organization of large private land owners; and 2 shall be representatives of state and local law enforcement authorities. Each appointee shall serve without compensation for a term of 3 years. The committee shall select a chairperson annually by a majority vote of the members. The committee shall meet at least twice each year, and shall also meet at the request of the secretary or committee chairperson. The minutes of each meeting shall be transmitted in a timely fashion to the Joint Committee on Environment, Natural Resources and Agriculture.
SECTION 18. Chapter 21A is hereby amended by inserting the following new section:-
Section 18C.
(1) There is hereby established and set up on the books of the commonwealth a separate fund to be known as the Off Highway Vehicle Program Fund. There shall be credited to the fund all fees collected by the commonwealth pursuant to sections twenty-one to thirty-two, inclusive, of chapter 90B, and all fines, costs, expenses, and interest imposed by the commonwealth pursuant to its authority under sections 26 and 34 of chapter 90B, section 10H of chapter 21A, or section 121A of chapter 266, any revenue from appropriations or other monies authorized by the general court and specifically designated to be credited to the fund, any appropriation or grant explicitly made to the fund, and any income derived from the investment of amounts credited to the fund.
(2) All amounts credited to the fund may be expended without further appropriation by the executive office of energy and environmental affairs and its office of environmental law enforcement, department of conservation and recreation, department of fish and game, and department of environmental protection for the following purposes:
(a) the enforcement of statutes, regulations, and policies applicable to off-highway vehicles;
(b) the acquisition of land for use as commonwealth-approved trails and facilities for off-highway vehicles or for the development, maintenance, repair or restoration of said commonwealth-approved trails and facilities;
(c) for grants made by the department of conservation and recreation to municipalities and other public entities for the purposes of subsection (2)(a)-(c);
(d) the development and administration of safety and training programs; and
(e) for other off-highway program activities, including all direct and indirect costs of personnel or contactors of the said executive office and its office of environmental law enforcement and departments.
(3) Monies that are deposited in the fund that are unexpended at the end of the fiscal year shall not revert to the General Fund and shall be available for expenditure in the subsequent fiscal year.
SECTION 19. Section 35 of Chapter 90B is hereby amended by striking the existing language and inserting in place thereof the following new language:-
Section 35. All fees collected by the commonwealth pursuant to sections twenty-one to thirty-two, inclusive, shall be credited to the Off Highway Program Fund established pursuant to section 18C of chapter 21A.
SECTION 20. Section 11 of Chapter 21A is hereby amended by striking the existing language and inserting in place thereof the following new language:-
There is hereby established within the office of law enforcement an advisory board to be designated as the boating safety advisory board. The board shall consist of five members to be appointed by the governor, two of whom shall be representative of the boating public each of whom shall hold a certificate of number issued pursuant to section three of chapter ninety B, one of whom may represent the harbormaster's association and two members shall represent the recreational boating business, one of whom shall operate a boat dealership. Each member shall serve for a term of three years. The chairman of the board shall be appointed, from the five members, annually by the governor, and in the absence of same shall be designated by the director. Board members shall be appointed or reappointed for terms of three years.
The boating safety advisory board shall meet at least quarterly and three members in attendance shall constitute a quorum. The chiefs of enforcement of the coastal enforcement bureau and the inland enforcement bureau established under section six of chapter twenty-one, or their designees, shall attend all meetings of said board and shall provide such information as said board shall request.
Said board shall review the budgetary recommendations of the director and the secretary of the executive office of environmental affairs concerning the expenditure of federal funds allocated to the division for recreational boating safety each fiscal year prior to the submission of such recommendations to the secretary or the governor, as the case may be. In the event said board disapproves of any such recommendation it may file a report noting its objection and such report shall be transmitted to the governor and to the house and senate committees on ways and means.
SECTION 21. Section 2 shall take effect as of May 1, 2009; provided however, that no penalty shall be assessed for violation of section 21 of chapter 90B of the General Laws on or before September 1, 2008.
