CHAPTER 150
HB 76 – FINAL VERSION
05/27/09 1773s
10Jun2009… 2084eba
2009 SESSION
06/05
HOUSE BILL 76
AN ACT establishing a permanent commission to study recommendations of the National Transportation Safety Board and relative to the New Hampshire rail transit authority.
SPONSORS: Rep. Ulery, Hills 27
This bill:
I. Establishes a commission to study recommendations of the National Transportation Safety Board.
II. Administratively attaches the New Hampshire rail transit authority to the department of transportation.
III. Subjects the New Hampshire rail transit authority to all requirements of the right-to-know law.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
05/27/09 1773s
10Jun2009… 2084eba
09-0327
06/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nine
AN ACT establishing a permanent commission to study recommendations of the National Transportation Safety Board and relative to the New Hampshire rail transit authority.
Be it Enacted by the Senate and House of Representatives in General Court convened:
150:1 New Section; Commission Established. Amend RSA 21-P by inserting after section 15-a the following new section:
21-P:15-b Commission Established.
I. There is established a commission to study recommendations of the National Transportation Safety Board.
II. The members of the commission shall be as follows:
(a) Three members of the house of representatives, including the chairperson of the house transportation committee, or designee, appointed by the speaker of the house of representatives.
(b) One member of the senate, appointed by the president of the senate.
(c) The commissioner of the department of safety, or designee.
(d) The commissioner of the department of transportation, or designee.
(e) The commissioner of the department of health and human services, or designee.
(f) A representative of the New Hampshire School Transportation Association, appointed by that association.
III. Legislative members of the commission shall receive mileage at the legislative rate when attending to the duties of the commission.
IV. The commission shall study recommendations submitted by the National Transportation Safety Board to the state of New Hampshire and recommend whether any of these recommendations should be the subject of future legislation.
V. The chairperson, or designee, of the house transportation committee shall chair the commission and the members of the commission shall elect a vice-chairperson from among the members. The first meeting of the commission shall be called by the first-named house member. The first meeting of the commission shall be held within 45 days of the effective date of this section. Six members of the commission shall constitute a quorum.
VI. The commission shall report its findings and any recommendations for proposed legislation to the speaker of the house of representatives, the president of the senate, the house clerk, the senate clerk, the governor, and the state library on or before November 1, 2009, and thereafter within 60 days of receipt of the recommendations of the National Transportation Safety Board.
150:2 Authority Established; Administrative Attachment. Amend RSA 238-A:2 to read as follows:
238-A:2 Authority Established. There is hereby established the New Hampshire rail transit authority [which shall be a body both corporate and politic in the state established] for the general purpose of developing and providing commuter rail or other similar forms of passenger rail service. [It is declared that the purposes of this chapter are public and that the authority shall be regarded as performing an essential governmental function in carrying out this chapter.] The authority shall be an administratively attached agency, pursuant to RSA 21-G:10, to the department of transportation.
150:3 Duties of the Rail Transit Authority. The rail transit authority and the department of transportation shall, no later than 120 days after the effective date of this act, allocate their respective responsibilities in a memorandum of understanding.
150:4 Powers of Rail Transit Authority. Amend the introductory paragraph of RSA 238-A:3 to read as follows:
238-A:3 Duties. The authority and the department of transportation shall allocate their respective responsibilities for passenger rail service in a memorandum of understanding. The authority shall take all actions that are reasonably necessary to establish regularly scheduled commuter rail or other similar forms of passenger rail service between points within the state of New Hampshire and points within and adjacent to the state of New Hampshire. These actions may include, but are not limited to:
150:5 Powers of Rail Transit Authority. Amend RSA 238-A:8, I to read as follows:
I. Sue and be sued [to the same extent as a town or city under New Hampshire law], subject to all privileges and immunities of the state of New Hampshire.
150:6 Powers of Rail Transit Authority. Amend RSA 238-A:8, IV to read as follows:
IV. Employ such assistants, attorneys, experts, inspectors, and such other employees and consultants as the board of directors considers necessary for its purposes. The authority shall not be required to hire such personnel in accordance with state personnel rules, so long as state general funds have not been appropriated to fund positions for any such personnel.
150:7 Open Meetings and Records. Amend RSA 238-A:17 to read as follows:
238-A:17 Open Meetings and Records. The authority shall be subject to all requirements of RSA 91-A[:2].
150:8 Liability Policy for Passenger Service. Amend RSA 238-A:18 to read as follows:
238-A:18 Liability Policy for Passenger Service.
I. Agreements [between the authority and a railroad] for the provision of passenger rail service shall provide [that the authority shall secure and maintain] for securing and maintaining a liability insurance policy covering the liability of the [authority and the] railroad for property damage, personal injury, bodily injury, and death arising out of such [commuter] rail service. Such policy shall:
(a) [Name the authority as named insured, and the railroad as an additional insured.
(b)] Have policy limits of not less than $75,000,000 per occurrence annually and $75,000,000 in the aggregate annually.
[(c)] (b) Be subject to self-insured retention in an amount not less than $7,500,000, [1/2 applicable to the operating railroad, whether public or private, and 1/2 applicable to the authority] to be allocated in accordance with the agreement between the railroad and the state.
II. In no event shall the [authority or the] railroad be liable in excess of the coverage limits of such insurance policy for any claim for damage, whether compensatory or punitive, for property damage, personal injury, and death arising out of such passenger rail service.
150:9 New Paragraph; Liability Policy for Passenger Service. Amend RSA 238-A:18 by inserting after paragraph II the following new paragraph:
III. Nothing in this section shall constitute a waiver of the sovereign immunity of the state.
150:10 New Section; Severability. Amend RSA 238-A by inserting after section 18 the following new section:
238-A:19 Severability. If any provision of this chapter or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable.
150:11 New Paragraph; Classified Service and Exemptions. Amend RSA 21-I:49 by inserting after paragraph VIII the following new paragraph:
IX. Personnel of the New Hampshire rail transit authority.
150:12 Effective Date. This act shall take effect upon its passage.
Approved: July 8, 2009
Effective Date: July 8, 2009