HB1402: (New Title) AN ACT establishing the standard of care for certain individuals or nonprofit entities in constructing, maintaining, or improving trails for public recreational use.

CHAPTER 5

HB 1402 – FINAL VERSION

18Jan2006… 0474h

02/02/06 0581s

2006 SESSION

06-2636

04/10

HOUSE BILL 1402

AN ACT establishing the standard of care for certain individuals or nonprofit entities in constructing, maintaining, or improving trails for public recreational use.

SPONSORS: Rep. Stohl, Coos 1; Rep. King, Coos 1; Rep. Chandler, Carr 1; Rep. Merrow, Carr 3; Rep. Bridle, Rock 15; Sen. Gallus, Dist 1; Sen. Flanders, Dist 7

COMMITTEE: Resources, Recreation and Development

AMENDED ANALYSIS

This bill provides that any individual, corporation, or other nonprofit legal entity, or any individual who performs services for a nonprofit entity, that constructs, maintains, or improves trails for public recreational use shall not be liable for personal injury or property damage in the absence of gross negligence or willful or wanton misconduct.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

18Jan2006… 0474h

02/02/06 0581s

06-2636

04/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Six

AN ACT establishing the standard of care for certain individuals or nonprofit entities in constructing, maintaining, or improving trails for public recreational use.

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

5:1 Limitation of Actions; Duty of Care. Amend RSA 508:14, II to read as follows:

II. Any individual, corporation, or other nonprofit legal entity, or any individual who performs services for a nonprofit entity, that constructs, maintains, or improves trails for public recreational use shall not be liable for personal injury or property damage in the absence of gross negligence or willful or wanton misconduct.

III. An owner of land who permits another person to gather the produce of the land under pick-your-own or cut-your-own arrangements, provided said person is not an employee of the landowner and notwithstanding that the person picking or cutting the produce may make remuneration for the produce to the landowner, shall not be liable for personal injury or property damage to any person in the absence of willful, wanton, or reckless conduct by such owner.

5:2 Effective Date. This act shall take effect upon its passage.

Approved: February 3, 2006

Effective Date: February 3, 2006