CHAPTER 162
SB 108 – FINAL VERSION
03/28/13 1098s
24Apr2013… 1289h
2013 SESSION
05/01
SENATE BILL 108
AN ACT relative to the liability of landowners who permit use of their land for recreational activities.
SPONSORS: Sen. Sanborn, Dist 9; Sen. Woodburn, Dist 1; Sen. Bradley, Dist 3; Rep. Chandler, Carr 1
This bill provides that, with limited exceptions, landowners who permit the use of their land for outdoor recreational activity owe no duty of care to individuals engaged in the construction, maintenance, or expansion of trails or ancillary facilities for such activity.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03/28/13 1098s
24Apr2013… 1289h
13-0955
05/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Thirteen
AN ACT relative to the liability of landowners who permit use of their land for recreational activities.
Be it Enacted by the Senate and House of Representatives in General Court convened:
162:1 New Subparagraph; Ancillary Facilities. Amend RSA 212:34, I by inserting after subparagraph (d) the following new subparagraph:
(e) “Ancillary facilities” means facilities commonly associated with outdoor recreational activities, including but not limited to, parking lots, warming shelters, restrooms, outhouses, bridges, and culverts.
162:2 New Paragraph; Landowner Liability; Duty of Care. Amend RSA 212:34 by inserting after paragraph II the following new paragraph:
II-a. Except as provided in paragraph V, a landowner who permits the use of his or her land for outdoor recreational activity pursuant to this section and who does not charge a fee or seek any other consideration in exchange for allowing such use, owes no duty of care to persons on the premises who are engaged in the construction, maintenance, or expansion of trails or ancillary facilities for outdoor recreational activity.
162:3 Landowner Liability; Duty of Care. Amend RSA 212:34, VI to read as follows:
VI. Except as provided in paragraph V, no cause of action shall exist for a person injured using the premises as provided in paragraph II, engaged in the construction, maintenance, or expansion of trails or ancillary facilities as provided in paragraph II-a, or given permission as provided in paragraph III.
162:4 Effective Date. This act shall take effect January 1, 2014.
Approved: June 28, 2013
Effective Date: January 1, 2014