Revision: June 6, 2009, midnight
SB 203 – AS AMENDED BY THE HOUSE
04/08/09 1179s
03Jun2009… 1935h
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
04/08/09 1179s
03Jun2009… 1935h
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 Purpose. The purpose of this act is to further the construction of recreational trails within active rail corridors.
2 New Paragraphs; Duty of Care. Amend RSA 212:34 by inserting after paragraph IV the following new paragraphs:
V. This section applies to a railroad operator, or its employee, who owns, leases, occupies, maintains, or operates a railroad on a railroad corridor, including a right-of-way or easement, that is used as a part of a state or municipal designated recreational trail.
VI. Any new agreement, or modification, extension, or continuance of any existing agreement between the state and any rail operator shall prohibit the rail operators from shifting any pre-existing responsibility for safe operation and maintenance to any other entity.
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, II, and IV, and the liability of owners, lessees, or occupants of land affected by a trail, and of the municipality establishing the trail, shall be limited as set forth in those statutes.
4 Liability Limited. RSA 231-A:8, I is repealed and reenacted to read as follows: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, and of the municipality establishing the trail, shall be limited as set forth in those statutes.
5 Landowner Liability Limited. Amend RSA 508:14, II to read as follows:
II. The state or any individual, corporation, [or other] political subdivision of the state, nonprofit legal entity or [any] individual who performs services for a nonprofit entity or the state or any of its political subdivisions, that constructs, maintains, or improves trails for public recreational use shall not be liable for personal injury or property damage in the absence of gross negligence or willful or wanton misconduct.
6 New Paragraph; Landowner Liability Limited. Amend RSA 508:14 by inserting after paragraph III the following new paragraph:
IV. A railroad operator, or its employee, who owns, leases, occupies, maintains, or operates a railroad on a railroad corridor, including a right-of-way or easement, that is used as part of a state or municipal designated recreational trail and which is open without charge to any person for recreational purposes, shall not be liable for personal injury or property damage in the absence of intentionally caused injury or damage.
7 Repeal. The following are repealed:
I. RSA 212:34, V, relative to the duty of care.
II. RSA 508:14, IV, relative to the landowner liability limited.
8 Effective Date.
I. Sections 4 and 7 of this act shall take effect December 31, 2011.
II. The remainder of this act shall take effect upon its passage.