Revision: March 9, 2009, midnight
SB 203 – AS INTRODUCED
2009 SESSION
06/04
SENATE BILL 203
AN ACT relative to 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 clarifies the liability of railroad operators operating alongside recreational trails.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
09-1035
06/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nine
AN ACT relative to liability protection for railroad operators operating alongside recreational trails.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Duty of Care. Amend RSA 212:34, I and the introductory paragraph to RSA 212:34, II to read as follows:
I. An owner, lessee or occupant of premises, or a railroad operator whose right-of-way is used as part of a designated recreational trail, 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.
II. An owner, lessee or occupant of premises, or a railroad operator whose right-of-way is used as part of a designated recreational trail, 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:
2 Duty of Care. Amend RSA 212:34, IV to read as follows:
IV. Except as provided in paragraph III, a person using the premises as provided in paragraph I or given permission as provided in paragraph II, shall not maintain an action against the owner, occupant, or lessee of the premises, or a railroad operator whose right-of-way is used as part of a designated recreational trail, for any injury which resulted while on the premises.
3 Liability Limited. Amend RSA 231-A:8, I to read as follows:
I. All trails established under this chapter shall be deemed to constitute land open without charge for recreational or outdoor educational purposes pursuant to RSA 212:34 and RSA 508:14, I, and the liability of owners, lessees or occupants of land affected by a trail, railroad operators whose right-of-way is used as part of a designated recreational trail, and of the municipality establishing the trail, shall be limited as set forth in those statutes.
4 Landowner Liability Limited. Amend RSA 508:14, I to read as follows:
I. An owner, occupant, or lessee of land, including the state or any political subdivision, or a railroad operator whose right-of-way is used as part of a designated recreational trail, who without charge permits any person to use land for recreational purposes or as a spectator of recreational activity, shall not be liable for personal injury or property damage in the absence of intentionally caused injury or damage.
5 Effective Date. This act shall take effect 60 days after its passage.