HB1458 (2018) Detail

(New Title) relative to exempting certain rules governing marine species from the administrative procedures act and relative to immunity for campground owners.


HB 1458 - AS AMENDED BY THE SENATE

 

05/03/2018   1852s

2018 SESSION

18-2306

04/10

 

HOUSE BILL 1458

 

AN ACT relative to exempting certain rules governing marine species from the administrative procedures act and relative to immunity for campground owners.

 

SPONSORS: Rep. Webb, Rock. 6; Rep. Chandler, Carr. 1; Rep. Ellis, Straf. 8

 

COMMITTEE: Fish and Game and Marine Resources

 

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AMENDED ANALYSIS

 

This bill exempts from rulemaking requirements those fish and game rules governing marine species managed under the Magnusson-Stevens Fishery Conservation and Management Act.  The bill also provides immunity for campground owners and establishes exceptions to immunity under certain circumstances.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

05/03/2018   1852s 18-2306

04/10

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Eighteen

 

AN ACT relative to exempting certain rules governing marine species from the administrative procedures act and relative to immunity for campground owners.

 

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

 

1  Authority for Regulating, Taking, Inspection, and Processing of Marine Species.  Amend RSA 211:62, V to read as follows:

V.  Rules pertaining to marine species managed under the Atlantic States Marine Fisheries Compact under RSA 213 and the Magnusson-Stevens Fishery Conservation and Management Act under 16 U.S.C. section 1801, et seq., shall be exempt from the rulemaking requirements of RSA 541-A.  The executive director may adopt such rules after notice and hearing as determined by the executive director to be practicable.  Rules adopted under this paragraph shall be filed with the director of legislative services and with the joint legislative committee on administrative rules.

2  Findings.  The state of New Hampshire finds that:

I.  Camping is a popular form of recreation in the state.  It affords residents of the state access to natural environments, outdoor activity and relaxation.  It is a major source of tourism visits from nonresidents which generate employment, taxes and economic activity for the state.  Camping, by its very nature, involves experiences in natural environments which inherently involve risks and hazards which are not present in the built environment.

II.  Persons who choose to camp must accept the inherent risks of camping, without an expectation that they may recover damages if they are injured as a consequence of the experience they have selected.

3  New Subdivision; Campground Immunity.  Amend RSA 216-I by inserting after section 15 the following new subdivision:

Campground Immunity

216-I:16  Definitions.  In this subdivision:

I.  “Camping” means all aspects of visiting, staying at, and using a recreational campground or camping park.

II.  “Inherent risk of camping” means a danger or condition that is an integral part of camping, including but not limited to the following:

(a)  Naturally occurring features of the natural world, such as trees, infectious agents, tree stumps, roots, brush, rocks, mud, holes, sand, standing water, and soil.

(b)  Uneven or unpredictable terrain.

(c)  Natural bodies of water and the use of natural bodies of water, including swimming, and aquatic sports.

(d)  Another person at a recreational campground or camping park acting in a negligent manner, where the campground owner or employees are not involved.

(e)  A lack of lighting at campsites.

(f)  Campfires in a properly constructed and maintained fire pit or enclosure provided by the recreational campground or camping park.

(g)  Weather.

(h)  Insects, birds, bears, and other wildlife.

(i)  Violation of safety rules or disregard for signs indicating danger.

(j)  Actions by campers or visitors which exceed their physical limitations or abilities.

(k)  Animals owned by other persons which cause injury or death, unless the recreational campground or camping park has accepted responsibility for care of the animal or has actual knowledge that the animal poses a hazard to the safety of other campers.

(l)  Activities undertaken by a camper or visitor, utilizing the camper’s own equipment, and undertaken for the purpose of exercise, relaxation, or pleasure, including but not limited to hunting, fishing, picnicking, exploring, bicycling, horseback riding, operation of a powered vehicle, cutting wood, water sports, harvesting the products of nature and any other outdoor sport, game, or educational activity.

III.  “Willful disregard” means conduct committed with an intentional or reckless disregard for the safety of the actor or others.

216-I:17  Immunity.

I.  Except as provided in paragraph II, a campground owner, including any employees, officers, and agents of a campground owner, shall be immune from civil liability for acts or omissions related to camping at a recreational campground or camping park resulting in the death of or injury to a person, or damage to property, caused by the inherent risk of camping.

II.  The provisions of paragraph I shall not apply if the campground owner, including any employee, officer, and agent of a campground owner seeking immunity:

(a)  Intentionally causes death or injury to another person or intentionally causes damage to property.

(b)  Acts with willful disregard for the safety of another person or property.

(c)  Fails to conspicuously post warning signs of a dangerous, inconspicuous condition known to him or her on a recreational campground or camping park, if he or she is aware of the condition.

(d)  Is grossly negligent.  

III.  This section shall not be construed to limit the immunity created under RSA 212:34.

4  Effective Date.

I.  Section 1 of this act shall take effect 60 days after its passage.

II.  The remainder of this act shall take effect upon its passage.

Links

HB1458 at GenCourtMobile

Action Dates

Date Body Type
Jan. 30, 2018 House Hearing
Feb. 6, 2018 House Exec Session
House Floor Vote
Feb. 22, 2018 House Floor Vote
April 12, 2018 Senate Floor Vote
April 3, 2018 Senate Hearing
April 12, 2018 Senate Floor Vote
April 12, 2018 Senate Floor Vote
April 12, 2018 Senate Floor Vote
April 26, 2018 Senate Floor Vote
April 26, 2018 Senate Floor Vote
May 2, 2018 Senate Floor Vote
May 2, 2018 Senate Floor Vote
May 3, 2018 Senate Floor Vote

Bill Text Revisions

HB1458 Revision: 3757 Date: May 4, 2018, 1:52 p.m.
HB1458 Revision: 2121 Date: Nov. 3, 2017, 11:08 a.m.

Docket

Date Status
Jan. 3, 2018 Introduced 01/03/2018 and referred to Fish and Game and Marine Resources HJ 1 P. 11
Jan. 30, 2018 Public Hearing: 01/30/2018 10:00 AM LOB 307
Feb. 6, 2018 Executive Session: 02/06/2018 LOB 307
Feb. 22, 2018 Committee Report: Ought to Pass for 02/22/2018 (Vote 15-0; CC) HC 7 P. 9
Committee Report: Ought to Pass (Vote 15-0; CC)
Feb. 22, 2018 Ought to Pass: MA VV 02/22/2018 HJ 5 P. 12
March 8, 2018 Introduced 03/08/2018 and Referred to Energy and Natural Resources; SJ 7
April 12, 2018 Committee Report: Ought to Pass, 04/12/2018; SC 16
April 3, 2018 Hearing: 04/03/2018, Room 103, SH, 09:20 am; SC 15
April 12, 2018 Committee Report: Ought to Pass, 04/12/2018; SC 16
April 12, 2018 Committee Report: Ought to Pass, 04/12/2018; SC 16
April 26, 2018 Special Order to 04/26/2018, Without Objection, MA; 04/12/2018 SJ 12
April 26, 2018 Committee Report: Ought to Pass, 04/26/2018; SC 18
May 2, 2018 Special Order to 05/02/2018, Without Objection, MA; 04/26/2018 SJ 14
May 2, 2018 Committee Report: Ought to Pass, 05/02/2018; SC 19
May 3, 2018 Special Order to 05/03/2018, Without Objection, MA; 05/02/2018 SJ 15
May 3, 2018 Committee Report: Ought to Pass, 05/03/2018;
May 3, 2018 Sen. Avard Offered Floor Amendment # 2018-1852s; 05/03/2018; SJ 16
May 3, 2018 Chair Ruled Sections of Amendment # 2018-1852s Non-Germane, 05/03/2018; SJ 16
May 3, 2018 Without Objection, Rule 3-17 is Suspended to Allow Non-Germane Amendment # 2018-1852s; 2/3 Necessary, MA; 05/03/2018; SJ 16
May 3, 2018 Sen. Birdsell moved to call the question, MA, VV; 05/03/2018; SJ 16
May 3, 2018 Sen. Avard Floor Amendment # 2018-1852s, RC 14Y-10N, AA; 05/03/2018; SJ 16
May 3, 2018 Ought to Pass with Amendment 2018-1852s, MA, VV; OT3rdg; 05/03/2018; SJ 16
May 10, 2018 House Non-Concurs with Senate Amendment 1852s and Requests CofC (Rep. Webb): MF DV 158-177 05/10/2018
May 10, 2018 House Non-Concurs with Senate Amendment 1852s (Rep. Berch): MA VV 05/10/2018