CHAPTER 207

HB 1579 - FINAL VERSION

15Mar2022... 0438h

04/21/2022   1571s

2022 SESSION

22-2247

04/05

HOUSE BILL 1579

AN ACT relative to landowner liability on land authorized for outdoor recreational activities.

SPONSORS: Rep. Gould, Hills. 7; Rep. Stavis, Graf. 13; Rep. Cordelli, Carr. 4; Rep. S. Pearson, Rock. 6; Rep. Creighton, Hills. 38; Rep. Notter, Hills. 21; Rep. Gagne, Hills. 13; Rep. Abel, Graf. 13; Sen. Prentiss, Dist 5; Sen. Kahn, Dist 10

COMMITTEE: Judiciary

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ANALYSIS

This bill provides for landowner liability involving the use of land for outdoor recreational activities.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

15Mar2022... 0438h

04/21/2022   1571s 22-2247

04/05

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty Two

AN ACT relative to landowner liability on land authorized for outdoor recreational activities.

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

207:1  Propagation of Fish and Game; Liability of Landowners; Duty of Care.  Amend RSA 212:34, I(a)-(d) to read as follows:

I.  In this section:

(a)  "Charge" means a payment or fee paid by a person to the landowner for entry upon, or use of the premises, for outdoor recreational activity.  A contribution or other voluntary payment not required to be made to use such land shall not be considered a charge or fee within the meaning of this section.  In addition, a lease for a nominal fee of such land for said purposes to the state or any political subdivision thereof, or to any nonprofit corporation, trust, or association, shall not be considered a charge.

(b)  "Landowner" means an owner, lessee, holder of an easement, occupant of the premises, or person managing, controlling, or overseeing the premises on behalf of such owner, lessee, holder of an easement, or occupant of the premises, including the state or any political subdivision.

(c)  "Outdoor recreational activity" means outdoor recreational pursuits including, but not limited to, hunting, fishing, trapping, camping, horseback riding, bicycling, water sports, winter sports, snowmobiling as defined in RSA 215-C:1, XV, operating an OHRV as defined in RSA 215-A:1, V, hiking, ice and rock climbing or bouldering, or sightseeing upon or removing fuel wood from the premises.

(d)  "Premises" means the land owned, managed, controlled, or overseen by the landowner upon which the outdoor recreational activity subject to this section occurs.  For the purpose of this section, "land" shall include railroad property and railroad rights-of-way to which public access is permitted.

207:2  New Paragraph; Limitation of Actions; Landowner Liability Limited.  Amend RSA 508:14 by inserting after paragraph III the following new paragraph:

IV.  In this section, "land" shall include railroad property and railroad rights-of-way.  A contribution or other voluntary payment not required to be made to use such land shall not be considered a charge or fee within the meaning of this section.  Nor shall a lease of such land for said purposes to the state or any political subdivision thereof or to any nonprofit corporation, trust, or association be considered a charge.

207:3  Effective Date.  This act shall take effect 60 days after its passage.

Approved: June 17, 2022

Effective Date: August 16, 2022