HB 575 - AS INTRODUCED
1999 SESSION
HOUSE BILL 575
AN ACT limiting railroad liability for passenger and tourist rail service.
SPONSORS: Rep. G. Katsakiores, Rock 13; Rep. Whittemore, Merr 13; Rep. Akins, Graf 14; Rep. R. Nowe, Rock 3; Rep. Peter Cote, Hills 32; Sen. Russman, Dist 19; Sen. Cohen, Dist 24
This bill limits railroad liability to $75,000,000 for any and all claims arising out of passenger rail service, establishes a limit of $5,000,000 on tourist rail services, and establishes certain criteria regarding railroad liability insurance coverage.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
99-0159
04/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord One Thousand Nine Hundred and Ninety-Nine
AN ACT limiting railroad liability for passenger and tourist rail service.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Liability Limitation Added. Amend RSA 377:3 to read as follows:
377:3 Penalty. If any railroad shall not comply with the provisions of RSA 377:1 or 377:2, it shall be for each offense guilty of a felony, and shall be liable to the party injured for [his] damages in an action on the case subject to RSA 377:22.
2 New Subdivision; Railroad Liability for Passenger Rail Service Limited. Amend RSA 377 by inserting after section 21 the following new subdivision:
Limitation of Liability for Passenger and Tourist Rail Service
377:22 Passenger Rail Service; Liability Limitation.
I. In this section:
(a) "Railroad" means any person, railroad corporation, or other legal entity in the business of providing passenger rail service pursuant to an agreement with this or any other state, or with any official agency or authority of this or any other state.
(b) "Passenger rail service" means all services or acts performed by a railroad in connection with the transportation of rail passengers including, but not limited to, the operation of trains, trackage and equipment, or the construction, reconstruction or maintenance of railroad equipment, tracks and any appurtenant facilities, or the provision of trackage rights over lines owned by any such railroad.
II. Any operator seeking to use either state owned or privately owned rail corridors for passenger rail service shall secure and maintain a railroad protective liability insurance policy covering the liability of the owner and the operator for property damage, personal injury, bodily injury, and death arising out of such passenger rail services. Such policy shall:
(a) Name the owner as named insured and the operator as an additional insured.
(b) Have policy limits of not less than $75,000,000 per occurrence annually and $75,000,000 in the aggregate annually.
(c) Be subject to self-insured retention as may be determined by the parties.
III. In no event shall the owner or the operator be liable in excess of the coverage limits of such insurance policy for any and all claims for damage, whether compensatory or punitive, for property damage, personal injury, bodily injury, or death arising out of such passenger rail service.
377:23 Tourist Railroad Operations; Liability Limitation.
I. In this section:
(a) "Tourist railroad" means any person, railroad, corporation or other entity engaged in "tourist rail operations".
(b) "Tourist rail operations" means all services and activities by a tourist railroad in connection with the transportation of passengers for purposes of tourism or excursions, including, but not limited to, the operation of trains, trackage and equipment, or the use or maintenance of railroad equipment, tracks and any appurtenant facilities, including equipment, tracks, or facilities of a rail facility provider.
(c) "Rail facility provider" means any person, railroad, corporation, or other entity providing rail facilities for use by a tourist railroad for purposes of tourist rail operations.
II. Agreements between a tourist railroad and a rail facility provider for the conduct of tourist rail operations shall provide that the tourist railroad shall secure and maintain a comprehensive general liability insurance policy covering the liability of the tourist railroad and the rail facility provider for any and all property damage, personal injury, bodily injury and death arising out of any cause whatsoever, regardless of the degree of fault, in the performance of such tourist operations. Such policy shall:
(a) Include coverage for employees subject to the provisions of the federal Employer's Liability Act, 45 U.S.C. sec. 51 et seq.
(b) Name the tourist railroad and the rail facility provider as named insureds.
(c) Have policy limits of not less than $5,000,000 per occurrence annually and $5,000,000 in the aggregate annually.
(d) Be subject to reasonable self-insured retention as may be determined by the parties.
III. In no event shall the tourist railroad or the rail facility provider be liable in excess of the mandatory coverage limits of $5,000,000 of such insurance policy for any and all claims for damage, whether compensatory or punitive, for property damage, personal injury, bodily injury and death arising out of such tourist rail operations.
3 Effective Date. This act shall take effect 60 days after its passage.