2001 SESSION

01-0265

03/10

HOUSE BILL 352

COMMITTEE: Judiciary

ANALYSIS

This bill establishes limitations on the liability of passenger rail operators. This bill also establishes certain liability insurance requirements for passenger rail operators.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

01-0265

03/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand One

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

1 Public Utilities; Railroad Transportation of Passengers, Baggage, and Freight; General Provisions Concerning Service; Penalty; Reference 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; Limitation of Liability for Passenger Rail Service. Amend RSA 377 by inserting after section 21 the following new subdivision:

Limitation of Liability for Passenger 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.

(c) "Tourist railroad" means any person, railroad, corporation, or other entity engaged in "tourist rail operations."

(d) "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.

(e) "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. Any operator seeking to use either state-owned or privately-owned rail corridors for passenger rail service shall secure and maintain a 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 and $100,000,000 in the aggregate annually.

(c) Be subject to self-insured retention as may be determined by the department of transportation.

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.

IV. This section shall not apply to tourist railroads, tourist railroad operations, or rail facility providers.

3 Effective Date. This act shall take effect January 1, 2002.