HB 498-FN - AS INTRODUCED
2019 SESSION
19-0048
04/08
HOUSE BILL 498-FN
AN ACT prohibiting OHRV operation on class V ways.
SPONSORS: Rep. Moynihan, Coos 2
COMMITTEE: Transportation
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ANALYSIS
This bill prohibits operation of OHRVs on class V highways.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
19-0048
04/08
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nineteen
AN ACT prohibiting OHRV operation on class V ways.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Operation of All OHRVs. Amend RSA 215-A:6, III(b)(2) to read as follows:
(2) 20 miles per hour on class I through [VI] IV highways and class VI highways when the OHRV is being operated within the rights-of-way adjacent to such highways; class IV[, V,] and class VI highways approved for OHRV operation; and bridges open for OHRV operation.
2 Operation of All OHRVs. Amend RSA 215-A:6, IX to read as follows:
IX. Pursuant to RSA 215-A:15, city or town councils and boards of selectmen may authorize the use of sidewalks and class IV[, class V] or class VI highways and bridges, or portions thereof, for use by OHRVs. The operation of OHRVs may also be allowed on sidewalks adjacent to class I, II, III, or III-a highways pursuant to RSA 236:56, II(e). Operators of OHRVs using said roads, or portions thereof, shall keep to the extreme right and shall yield to all conventional motor vehicle traffic. The bureau, or its designee, shall so post such highways where authorized. Following a duly noticed public hearing, except in the case of an emergency closure, such city or town authorities may change the allowable usage of a class IV[, class V,] or class VI highway by OHRVs by giving notification to the supervisor of the bureau and removing any signs that no longer apply.
3 Effective Date. This act shall take effect 60 days after its passage.
19-0048
1/11/19
HB 498-FN- FISCAL NOTE
AS INTRODUCED
AN ACT prohibiting OHRV operation on class V ways.
FISCAL IMPACT: [ X ] State [ X ] County [ X ] Local [ ] None
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| Estimated Increase / (Decrease) | |||
STATE: | FY 2020 | FY 2021 | FY 2022 | FY 2023 |
Appropriation | $0 | $0 | $0 | $0 |
Revenue | Indeterminable | Indeterminable | Indeterminable | Indeterminable |
Expenditures | Indeterminable | Indeterminable | Indeterminable | Indeterminable |
Funding Source: | [ X ] General [ ] Education [ ] Highway [ X ] Other - Fish and Game Fund | |||
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COUNTY: |
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Revenue | Indeterminable | Indeterminable | Indeterminable | Indeterminable |
Expenditures | Indeterminable | Indeterminable | Indeterminable | Indeterminable |
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LOCAL: |
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Revenue | Indeterminable | Indeterminable | Indeterminable | Indeterminable |
Expenditures | Indeterminable | Indeterminable | Indeterminable | Indeterminable |
METHODOLOGY:
This bill prohibits the operation of OHRVs on class V highways by removing the authority of municipal governing bodies to enact local ordinances to permit the operation of OHRVs on such roads throughout the state. The Department of Fish and Game states highways classified as class V are maintained and regulated by municipalities. Local governing bodies may also regulate the use of class VI highways but have no duty to do so. Municipal highways are not marked to indicate classification and such classification is not obvious to highway users or law enforcement officers. Fish and Game Conservation officers or any state, county or local law enforcement officer could act to enforce this statute or a local ordinance prohibiting the same activity. It is unknown how many miles of each classification of highway have been opened for OHRV use, and how many portions of such highways are used to connect riders between open lands or trails or other highways. It is also unknown how many potential violations of this prohibition would occur, how many such violations would be adjudicated, which law enforcement authority would be involved and the number of contested claims due to lack of notice of the classification of the municipal highway.
AGENCIES CONTACTED:
Fish and Game Department and Department of Natural and Cultural Resources
| Date | Body | Type |
|---|---|---|
| Feb. 26, 2019 | House | Hearing |
| March 5, 2019 | House | Exec Session |
| House | Floor Vote | |
| March 19, 2019 | House | Floor Vote |
March 20, 2019: Inexpedient to Legislate: MA VV 03/20/2019 HJ 11 P. 58
: Minority Committee Report: Ought to Pass
: Majority Committee Report: Inexpedient to Legislate (Vote 16-3; RC)
March 19, 2019: Majority Committee Report: Inexpedient to Legislate for 03/19/2019 (Vote 16-3; RC) HC 16 P. 37
March 5, 2019: Executive Session: 03/05/2019 01:30 pm LOB 203
Feb. 26, 2019: Public Hearing: 02/26/2019 11:00 am LOB 203
Jan. 3, 2019: Introduced 01/03/2019 and referred to Transportation HJ 3 P. 17