Revision: May 4, 2018, 1:52 p.m.
HB 1458 - AS AMENDED BY THE SENATE
05/03/2018 1852s
2018 SESSION
18-2306
04/10
HOUSE BILL 1458
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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
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.
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.