SB516 (2010) Detail

Relative to limitations on liability for railroad operators operating railroads near a recreational trail.


SB 516 – AS INTRODUCED

2010 SESSION

10-2967

06/05

SENATE BILL 516

AN ACT relative to limitations on liability for railroad operators operating railroads near a recreational trail.

SPONSORS: Sen. Reynolds, Dist 2; Rep. Merry, Belk 2

COMMITTEE: Judiciary

ANALYSIS

This bill limits the liability of railroad operators that operate railroads near a recreational trail.

This bill is a request of the committee to study liability protection for railroad operators, established in 2009, 309.

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

10-2967

06/05

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Ten

AN ACT relative to limitations on liability for railroad operators operating railroads near a recreational trail.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 New Paragraph; Duty of Care. Amend RSA 212:34 by inserting after paragraph IV the following new paragraph:

V. The provisions of this section shall apply 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 part of a state or municipal designated recreational trail and which is open without charge to any person for recreational purposes.

2 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] sections.

3 Landowner Liability Limited. Amend RSA 508:14, II to read as follows:

II. Any individual, corporation, the state or any political subdivision, or [other] nonprofit legal entity, or any individual who performs services for a nonprofit entity or the state or any political subdivision, 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.

4 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.

5 Effective Date. This act shall take effect upon its passage.