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CHAPTER 237

SB 464 - FINAL VERSION

4/20/00.....4187s

17may00.....4364h

2000 SESSION

00-2798

04/09

SENATE BILL 464

AN ACT relative to the use of municipal and school district facilities for stunt biking and relative to the sale of bicycles at public auction.

SPONSORS: Sen. Larsen, Dist 15; Sen. Fraser, Dist 4; Sen. Gordon, Dist 2; Rep. Bradley, Carr 8; Rep. Fraser, Merr 21; Rep. Calawa, Hills 17

COMMITTEE: Public Affairs

AMENDED ANALYSIS

This bill limits the liability of municipalities and school districts which allow stunt biking in certain municipal or school district facilities and provides that bicycles held by police departments for 180 days or more shall be sold at public auction with the proceeds to be used for bicycle safety programs in the city or town.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

4/20/00.....4187s

17may00.....4364h

00-2798

04/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand

AN ACT relative to the use of municipal and school district facilities for stunt biking and relative to the sale of bicycles at public auction.

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

237:1 Bodily Injury Actions Against Governmental Units; Municipal and School District Facilities for Certain Activities; Stunt Biking Added. Amend RSA 507-B:11 to read as follows:

507-B:11 Use of Municipal and School District Facilities for Skateboarding, Rollerblading, Stunt Biking, or Rollerskiing. A municipality or school district, which without charge permits any person to use a facility operated by the municipality or school district for the purpose of skateboarding, rollerblading, stunt biking, or rollerskiing, shall not be liable for personal injury or property damage resulting from the person's participation in such activity, in the absence of gross and wanton negligence.

237:2 Custody and Escheat; Bicycles Held by Police Departments. Amend RSA 471-C:13 to read as follows:

471-C:13 Property Held in Police Department Property Rooms. Notwithstanding any other provisions of law to the contrary, all noncontraband abandoned or lost personal property which has been held in a police department property room for a period of at least 180 days may be disposed of by the police department by returning it to the finder, if known, if the finder was other than a police officer who discovered the property during the course of the police officer's usual police duties. If the property cannot be returned to the finder, the property shall be sold at public auction with the proceeds to be turned over to the town or city treasurer. Except that any bicycle which has been held in a police department property room for a period of 180 days or more shall be sold at public auction with the proceeds to be used for the support of local bicycle safety programs, or, if no local bicycle safety programs are available, then with the consent of the local governing body, to be used for any other purpose. The police department shall be relieved of all liability for any claim thereafter arising or made with respect to property disposed of under this section.

237:3 Effective Date. This act shall take effect upon its passage.

(Approved: June 6, 2000)

(Effective Date: June 6, 2000)