Revision: June 23, 2011, midnight
HB 131 – VERSION ADOPTED BY BOTH BODIES
09Feb 2011… 0150h
30Mar2011… 1151h
05/11/11 1782s
22June2011… 2389CofC
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.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
09Feb 2011… 0150h
30Mar2011… 1151h
05/11/11 1782s
22June2011… 2389CofC
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 Department of Resources and Economic Development Volunteers. Amend RSA 216-A:3-h to read as follows:
216-A:3-h Indemnification of [Park] Department of Resources and Economic Development Volunteers. Any person 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 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 Section 4 of this act is repealed effective June 30, [2012] 2016.
3 Effective Date. This act shall take effect upon its passage.
LBAO
11-0771
Amended 05/19/11
HB 131 FISCAL NOTE
AN ACT relative to indemnification of volunteers performing duties in the state park system.
FISCAL IMPACT:
The Department of Resources and Economic Development states this bill, as amended by the Senate (Amendment #2011-1782s), may increase state expenditures by an indeterminable amount in FY 2011 and each year thereafter. There is no fiscal impact on county and local expenditures, or state, county, and local revenue.
METHODOLOGY:
The Department of Resources and Economic Development states this bill as amended would indemnify park volunteers performing duties in the park system. The Department states there are immunity statutes that protect the State, its employees and agents, including certain volunteers from civil liability if a member of the public is injured on State property when the member of the public is using the State property without charge. The Department states this immunity does not protect the State from gross negligence, willful or wanton actions, or in situations where members of the public have paid to use State property. As a result an indemnified volunteer could cause an accident for which the State would be responsible. The Department is not able to determine the exact fiscal impact of this bill on state expenditures as it does not know how many indemnified volunteers might cause an accident where the State would be responsible or any possible damages that would result from lawsuits.