CHAPTER 309
SB 203 – FINAL VERSION
04/08/09 1179s
03Jun2009… 1935h
06/24/09 2258CofC
06/24/09 2348eba
2009 SESSION
06/04
SENATE BILL 203
AN ACT establishing a committee to study liability protection for railroad operators operating alongside recreational trails.
SPONSORS: Sen. Sgambati, Dist 4; Sen. Reynolds, Dist 2; Sen. Janeway, Dist 7; Sen. Gallus, Dist 1; Rep. Stuart, Belk 4; Rep. Merry, Belk 2; Rep. Arsenault, Belk 4; Rep. Reever, Belk 4; Rep. Pilliod, Belk 5
This bill establishes a committee to study liability protection for railroad operators operating alongside recreational trails.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
04/08/09 1179s
03Jun2009… 1935h
06/24/09 2258CofC
06/24/09 2348eba
09-1035
06/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nine
AN ACT establishing a committee to study liability protection for railroad operators operating alongside recreational trails.
Be it Enacted by the Senate and House of Representatives in General Court convened:
309:1 Committee Established. There is established a committee to study liability protection for railroad operators operating alongside recreational trails.
309:2 Membership and Compensation.
I. The members of the committee shall be as follows:
(a) Three members of the house of representatives, one of whom shall be a member of the house judiciary committee, appointed by the speaker of the house of representatives.
(b) Two members of the senate, one of whom shall be a member of the senate judiciary committee, appointed by the president of the senate.
II. Legislative members of the committee shall receive mileage at the legislative rate when attending to the duties of the committee.
309:3 The committee shall study and report on issues related to liability protection for railroad operators operating alongside recreational trails, including, but not limited to, the following:
I. Whether public policy should provide for liability protection to commercial and recreational railroad operators operating alongside recreational trails, including when the railroad operator is operating on state owned land;
II. The sufficiency of existing provisions of state law in providing liability protection to commercial and recreational railroad operators operating alongside recreational trails and the nature and extent of such existing liability protections;
III. Identifying the persons or entities who are liable under present law for injury, damages, and other violations of law occurring on a recreational trail, and how and to what extent liability for such injury, damages, and violations would be affected if liability protection to railroad operators operating alongside a recreational trail were expanded or otherwise changed;
IV. Whether the siting of a recreational trail alongside a commercial and/or a recreational railroad line has ever been held by a court of any jurisdiction within the United States to constitute a wanton, reckless, or negligent act;
V. The impact on the department of transportation and its leasing arrangements for use of recreational trails of providing, extending or expanding liability protections for railroad operators operating alongside recreational trails and the impact of not providing any such liability protection;
VI. The impact of liability protection for railroad operators on the ability of the state and its municipalities to develop and obtain private and public funding for the expansion of recreational trails throughout the state for the use and enjoyment of all persons;
VII. The impact of the department of transportation’s policy requiring municipalities to provide insurance and indemnification coverage to railroad operators on the ability of the state and its municipalities to develop and maintain recreational trails throughout the state, including in railroad corridors owned by the state, for the use and enjoyment of all persons; and
VIII. Any other issue the committee deems relevant to the issue of liability protection to railroad operators operating alongside recreational trails.
309:4 Chairperson; Quorum. The members of the study committee shall elect a chairperson from among the members. The first meeting of the committee shall be called by the first-named house member. The first meeting of the committee shall be held within 60 days of the effective date of this section. A majority of the members of the committee shall constitute a quorum provided that the members present include at least one member from the house and one member from the senate.
309:5 Report. The committee 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 no later than December 1, 2009.
309:6 Effective Date. This act shall take effect upon its passage.
Approved: July 31, 2009
Effective Date: July 31, 2009