Revision: Feb. 9, 2011, midnight
HB 131 – AS AMENDED BY THE HOUSE
09 Feb 2011… 0150h
2011 SESSION
04/10
HOUSE BILL 131
AN ACT relative to indemnification of volunteers performing duties in the state park system.
SPONSORS: Rep. Bolster, Belk 5; Rep. C. Christensen, Hills 19; Rep. St. Cyr, Belk 5; Sen. Odell, Dist 8
COMMITTEE: Resources, Recreation and Development
This bill amends the statute governing indemnification of volunteers under the supervision of department of resources and economic development personnel and limits the liability of any such volunteer performing duties at a state park, forest, trail, reservation, or historic site. The bill also extends the repeal date of the state park system advisory council to June 30, 2016.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
09 Feb 2011… 0150h
11-0771 04/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eleven
AN ACT relative to indemnification of volunteers performing duties in the state park system.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Indemnification of Park Volunteers. Amend RSA 216-A:3-h to read as follows:
216-A:3-h Indemnification of Park Volunteers. Any [person] individual, corporation, nonprofit legal entity, or individual who performs services for a nonprofit entity who is recognized by the [director, division of parks and recreation,] commissioner of the department of resources and economic development as a [park] volunteer and who is under the general supervision of [a park manager] authorized department of resources and economic development personnel, and is actually performing assigned volunteer duties or activities at a state park, forest, reservation, trail, or historic site, shall be considered a state employee for the purpose of defense and indemnification from civil suits under RSA 99-D; provided, however, such a volunteer shall not be indemnified from any civil suit arising out of a criminal act.
2 Landowner Liability Limited. Amend RSA 508:14, II to read as follows:
II. Any individual, corporation, or other nonprofit legal entity, or any individual who performs services for a nonprofit entity, or any recognized volunteer for the state or any political subdivision of the state, that constructs, maintains, or improves trails for public recreational use on public or private lands shall not be liable for personal injury or property damage in the absence of gross negligence or willful or wanton misconduct.
3 State Park System Advisory Council; Repeal Date Extended. Amend 2007, 359:5 as amended by 2010, 374:1 to read as follows:
359:5 Repeal. Section 4 of this act is repealed effective June 30, [2012] 2016.
4 Effective Date. This act shall take effect upon its passage.