Bill Text - HB1396 (2016)

(Second New Title) relative to OHRV operation on certain highways in Grafton county, relative to highway surveillance at the New London park and ride, and establishing a commission to study OHRV usage and the allocation of law enforcement and emergency response resources and responsibilities.


Revision: June 14, 2016, midnight

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HB 1396 - VERSION ADOPTED BY BOTH BODIES

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2016 SESSION

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HOUSE BILL\t1396

 

AN ACT\trelative to OHRV operation on certain highways in Grafton county and establishing a commission to study OHRV usage and the allocation of law enforcement and emergency response resources and responsibilities.

 

SPONSORS:\tRep. D. Brown, Graf. 16; Rep. Ingbretson, Graf. 15; Rep. Bailey, Graf. 14; Rep. Hull, Graf. 9; Rep. Darrow, Graf. 17; Rep. Chandler, Carr. 1; Sen. Forrester, Dist 2

 

COMMITTEE:\tTransportation

 

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AMENDED ANALYSIS

 

\tThis bill allows the operation of off highway recreational vehicles (OHRVs) on certain highways in Grafton county that have been designated open for such use.  The bill also establishes a commission to study OHRV usage and the allocation of law enforcement and emergency response resources and responsibilities.

 

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Explanation:\tMatter added to current law appears in bold italics.

\t\tMatter removed from current law appears [in brackets and struckthrough.]

\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.

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STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Sixteen

 

AN ACT\trelative to OHRV operation on certain highways in Grafton county and establishing a commission to study OHRV usage and the allocation of law enforcement and emergency response resources and responsibilities.

 

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

 

\t1  OHRV Operation on Certain Highways in Grafton County.  Amend RSA 215-A:10, IV(a)  to read as follows:

\t\tIV.(a)  Notwithstanding any provisions of the law to the contrary, a person may operate an OHRV on a class I, class II, class III, or class III-a highway that has been designated open for use, in Coos county or in Grafton county, by the bureau of trails, with the approval of the department of transportation and the department of safety and a public meeting in each community which would be directly affected by such designation.  The bureau, or its designee, shall sign any approved sections of highway for OHRV use.

\t2  Transportation; Operation within Highway Rights-of-way; Trail Connectors.  Amend RSA 236:56, II(d) to read as follows:

\t\t\t(d)  Trail Connectors.  All OHRVs and snowmobiles may be operated within specified trail connectors and pursuant to the provisions of RSA 215-A:9 or RSA 215-C:9.  The commissioner of the department of transportation may limit the operation of specified types of OHRVs and snowmobiles when the commissioner feels this is necessary in matters of safety and maintenance of trail corridors or at the suggestion of the chief supervisor of the bureau of trails.  Trail connectors, as defined in RSA 215-A:1, in Coos county and in Grafton county shall be exempt from the provisions of RSA 215-A:42 and RSA 215-A:43.

\t3  New Section; Commission to Study OHRV Usage and the Allocation of Law Enforcement and Emergency Response Resources and Responsibilities.  Amend RSA 215-A by inserting after section 10 the following new section:

\t215-A:10-a  Commission Established; OHRV Usage and the Allocation of Law Enforcement and Emergency Response Resources and Responsibilities.

\t\tI.  There is established a commission to study OHRV usage and the allocation of law enforcement and emergency response resources and responsibilities.  

\t\tII.  The members of the commission shall be as follows:

\t\t\t(a)  One member of the senate, appointed by the president of the senate.

\t\t\t(b)  Two members of the house of representatives, appointed by the speaker of the house of representatives.

\t\t\t(c)  The commissioner of the department of safety, or designee.

\t\t\t(d)  The commissioner of the department of transportation, or designee.

\t\t\t(e)  The executive director of the fish and game department, or designee.

\t\t\t(f)  The chief supervisor of the bureau of trails of the department of resources and economic development, or designee.

\t\t\t(g)  A representative of the New Hampshire Off-Highway Vehicle Association, appointed by the association.

\t\t\t(h)  A representative of the New Hampshire Municipal Association, appointed by the association.

\t\t\t(i)  A representative of the New Hampshire Sheriff's Association, appointed by the association.

\t\t\t(j)  A representative of the New Hampshire Association of Chiefs of Police, appointed by the association.

\t\t\t(k)  A representative of the Society for the Protection of New Hampshire Forests, appointed by the society.

\t\t\t(l)  A representative of the Nature Conservancy of New Hampshire, appointed by that organization.

\t\tIII.  Legislative members of the commission shall receive mileage at the legislative rate when attending to the duties of the commission.

\t\tIV.(a)  The commission’s study shall include, but not be limited to, reviewing and examining:

\t\t\t\t(1)  The provisions of RSA 215-A.

\t\t\t\t(2)  OHRV usage on state highways, on trail connectors, on town highways, as well as on town roads that are not part of the trail system.

\t\t\t\t(3)  The proper and adequate allocation of law enforcement and emergency response resources and responsibilities regarding OHRV usage.

\t\t\t\t(4)  Any other matter the commission deems relevant to its study.

\t\t\t(b)  The commission shall seek and accept input and testimony from other interested stakeholders and members of the public.

\t\tV.  The members of the commission shall elect a chairperson from among the members.  The first meeting of the commission shall be called by the commissioner of the department of safety.  The first meeting of the commission shall be held within 30 days of the effective date of this section.  Six members of the commission shall constitute a quorum.

\t\tVI.  On or before December 15, 2016, the commission shall submit a report of its findings and any recommendations for proposed legislation to the president of the senate, the speaker of the house of representatives, the senate clerk, the house clerk, the governor, and the state library.  

\t4  Prospective Repeal.  RSA 215-A:10-a, relative to the commission to study OHRV usage and the allocation of law enforcement and emergency response resources and responsibilities, is repealed.

\t5  Effective Date.  

\t\tI.  Section 4 of this act shall take effect December 20, 2016.

\t\tII.  The remainder of this act shall take effect upon its passage.