CHAPTER 162
SB 135 - FINAL VERSION
03/06/03 0566s
15may03... 1465h
2003 SESSION
06/10
SENATE BILL 135
AN ACT relative to hotelkeeper or innkeeper liability for personal child care services.
SPONSORS: Sen. Gallus, Dist 1; Sen. Johnson, Dist 2; Rep. Dickinson, Carr 4; Rep. H. Richardson, Coos 2; Rep. King, Coos 1
This bill exempts hotelkeepers or innkeepers from liability for losses of goods or property or other damages based on a guest's or visitor's use of a child care services provider whose name is furnished by the hotelkeeper or innkeeper, provided the hotelkeeper or innkeeper does not know of any adverse information about the person or persons providing the child care services, receives no compensation for providing the information or services, and gives written notice that the child care service providers have not been evaluated by the hotelkeeper or innkeeper. This bill also allows the hotelkeeper or innkeeper to provide the name of an employee if the hotelkeeper or innkeeper receives no compensation and the employee is acting outside of the scope of his or her employment when providing the child care services.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03/06/03 0566s
15may03... 1465h
03-1075
06/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Three
AN ACT relative to hotelkeeper or innkeeper liability for personal child care services.
Be it Enacted by the Senate and House of Representatives in General Court convened:
162:1 New Section; Child Care Referrals. Amend RSA 353 by inserting after section 353:2 the following new section:
353:2-a Child Care Referrals. No hotelkeeper or innkeeper shall be liable for losses of goods or property or other damages sustained by a guest or other visitor based solely upon the furnishing by the hotelkeeper or innkeeper of a name or names of persons available to provide child care services for such guest or other visitor, provided the hotelkeeper or innkeeper has no knowledge of any adverse information relating to the person or persons providing the child care services, the hotelkeeper or innkeeper receives no compensation for furnishing the information or the services provided, and the hotelkeeper or innkeeper has given written notice to the guest or visitor that the child care service providers have not been evaluated by the hotelkeeper or innkeeper. No such liability shall arise from furnishing the name of an employee of the hotelkeeper or innkeeper, provided the hotelkeeper or innkeeper does not recommend or compensate any such employee for the provision of such child care services and the employee is not acting within the scope of employment for the hotelkeeper or innkeeper when providing such child care services.
162:2 Effective Date. This act shall take effect January 1, 2004.
(Approved: June 17, 2003)
(Effective Date: January 1, 2004)