HB1401: (2nd New Title) limiting the use of traffic signal preemption devices, establishing a commission to study railroad matching funds, authorizing an expenditure for a certain feasibility study, and relative to landowner permission for OHRV operation and loading and unloading OHRVs on highways.

CHAPTER 250

HB 1401-FN – FINAL VERSION

19Feb2004… 0220h

04/29/04 1211s

04/29/04 1236s

04/29/04 1465s

25May2004… 1619CofC

25May2004… 1694eba

2004 SESSION

03-2332

04/10

HOUSE BILL 1401-FN

AN ACT limiting the use of traffic signal preemption devices, establishing a commission to study railroad matching funds, authorizing an expenditure for a certain feasibility study, and relative to landowner permission for OHRV operation and loading and unloading OHRVs on highways.

SPONSORS: Rep. Bridle, Rock 85; Rep. S. L’Heureux, Merr 37

COMMITTEE: Transportation

AMENDED ANALYSIS

This bill:

I. Prohibits the use of traffic signal preemption devices, except for official use by federal, state, or local law enforcement personnel, firefighters, emergency medical services personnel, and state or municipal department of transportation or highway personnel.

II. Establishes a commission to study innovative ways to fund railroad construction including matching fund programs.

III. Authorizes the commissioner of transportation to spend money in the special railroad fund for the feasibility study for the high speed rail connection between Boston and Montreal.

IV. Requires persons operating OHRVs to have permission from private and public landowners.

V. Repeals an exception for loading and unloading OHRVs on highways from the prohibition on operating in highway rights-of-way.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

19Feb2004… 0220h

04/29/04 1211s

04/29/04 1236s

04/29/04 1465s

25May2004… 1619CofC

25May2004… 1694eba

03-2332

04/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Four

AN ACT limiting the use of traffic signal preemption devices, establishing a commission to study railroad matching funds, authorizing an expenditure for a certain feasibility study, and relative to landowner permission for OHRV operation and loading and unloading OHRVs on highways.

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

250:1 Interference with Traffic Devices; Signs, or Signals. Amend RSA 265:15 to read as follows:

265:15 Interference With Traffic Devices, Signs, or Signals.

I. No person shall, without lawful authority, attempt to or in fact alter, deface, injure, knock down other than accidentally, remove, or possess any of the following items, or any part thereof, which have been previously installed by lawful authority:

[I.] (a) Any official control device; or

[II.] (b) Any railroad sign or signal; or

[III.] (c) Any inscription, shield or insignia found on any of the above.

II.(a) No person shall use or attempt to use any device designed or intended to change, disrupt, or interfere with the operation of a traffic signal. The commissioner of the department of safety shall compile and maintain a list of devices that are prohibited under this paragraph.

(b) A person shall be guilty of a misdemeanor if convicted under this paragraph.

(c) This paragraph shall not apply to:

(1) Federal, state, or local law enforcement personnel while in the course of their official duties.

(2) Firefighters while in the course of their official duties.

(3) Emergency medical services personnel while in the course of their official duties.

(4) State or municipal department of transportation or highway personnel while in the course of their official duties.

(d) The exemptions set forth in subparagraphs (c)(1)-(c)(4) shall only apply to such personnel when they are operating licensed ambulances, licensed fire apparatus, or government-owned vehicles.

250:2 Commission Established. There is established a commission to study railroad matching funds.

250:3 Membership and Compensation.

I. The members of the commission shall be as follows:

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

(b) Three members of the house of representatives, appointed by the speaker of the house.

(c) The governor, or designee.

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

(e) A member of the New Hampshire Railroad Revitalization Association, nominated by the association and appointed by the governor.

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

250:4 Duties. The commission shall study innovative ways to fund railroad construction and shall look at the availability of matching funds for railroad projects.

250:5 Chairperson; Quorum. The governor, or designee shall be the chairperson. The first meeting of the commission shall be called by the senate member. The first meeting of the commission shall be held within 45 days of the effective date of this section. Five members of the commission shall constitute a quorum.

250:6 Report. The commission shall report its findings and any recommendations for proposed legislation to the senate president, the speaker of the house of representatives, the senate clerk, the house clerk, the governor, and the state library on or before December 1, 2004.

250:7 New Subparagraph; Feasibility Funding Added. Amend RSA 228:69, I by inserting after subparagraph (b) the following new subparagraph:

(c) To provide funding for the Boston to Montreal High Speed Rail Planning and Feasibility Study for the high speed rail connection between Boston and Montreal in an amount not to exceed $85,000.

250:8 OHRV Operation; Permission; Private Property and Public Property. Amend the introductory paragraph of RSA 215-A:29, XI to read as follows:

XI. No person shall operate an OHRV on the [private] property of another unless such operator has obtained written permission from the landowner except as follows:

250:9 Repeal. RSA 215-A:9, VI, relative to loading and unloading OHRVs on highways for trail access, is repealed.

250:10 Effective Date.

I. Sections 1, 8, and 9 of this act shall take effect January 1, 2005.

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

(Approved: June 15, 2004)

(Effective Date: I. Sections 1, 8 and 9 shall take effect January 1, 2005.

II. Remainder shall take effect June 15, 2004.)