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S1266aa...................................................by TRANSPORTATION AIRSTRIPS - PRIVATE - Amends existing law relating to recreational trespass and limitation of landholder liability to provide that the limitation of liability of a landowner extends to free public use of privately-owned airstrips; and to revise definitions. 01/18 Senate intro - 1st rdg - to printing 01/19 Rpt prt - to Transp 02/10 Rpt out - to 14th Ord 02/28 Rpt out amen - to engros 03/01 Rpt engros - 1st rdg - to 2nd rdg as amen 03/02 2nd rdg - to 3rd rdg as amen 03/06 3rd rdg as amen - PASSED - 33-0-2 AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett, Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis, Fulcher, Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge, Marley, McGee, McKenzie, Pearce, Richardson, Schroeder, Stegner, Sweet, Werk, Williams NAYS -- None Absent and excused -- Malepeai, Stennett Floor Sponsor - Little Title apvd - to House 03/07 House intro - 1st rdg - to Transp 03/15 Rpt out - rec d/p - to 2nd rdg 03/16 2nd rdg - to 3rd rdg 03/24 3rd rdg - PASSED - 68-0-2 AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer, Bedke, Bell, Bilbao, Black, Block, Boe, Bolz, Brackett, Cannon, Chadderdon, Clark, Collins, Crow, Deal, Denney, Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Garrett, Hart, Harwood, Henbest, Henderson, Jaquet, Kemp, Lake, LeFavour, Loertscher, Martinez, Mathews, McGeachin, McKague, Miller, Mitchell, Moyle, Nielsen, Nonini, Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche, Rydalch, Sali, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Wills, Wood, Mr. Speaker NAYS -- None Absent and excused -- Bradford, Trail Floor Sponsor - Wood Title apvd - to Senate 03/27 To enrol 03/28 Rpt enrol - Pres signed 03/29 Sp signed 03/30 To Governor 03/31 Governor signed Session Law Chapter 279 Effective: 07/01/06
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006IN THE SENATE SENATE BILL NO. 1266 BY TRANSPORTATION COMMITTEE 1 AN ACT 2 RELATING TO RECREATIONAL TRESPASS AND LIMITATION OF LANDHOLDER LIABILITY; 3 AMENDING SECTION 36-1604, IDAHO CODE, TO PROVIDE THAT THE LIMITATION OF 4 LIABILITY OF A LANDOWNER EXTENDS TO FREE PUBLIC USE OF PRIVATELY-OWNED 5 AIRSTRIPS, TO DEFINE "AIRSTRIPS," TO REVISE THE DEFINITION OF "LAND" TO 6 INCLUDE AIRSTRIPS AND TO REVISE THE DEFINITION OF "RECREATIONAL PURPOSES" 7 TO INCLUDE THE FLYING OF AIRCRAFT. 8 Be It Enacted by the Legislature of the State of Idaho: 9 SECTION 1. That Section 36-1604, Idaho Code, be, and the same is hereby 10 amended to read as follows: 11 36-1604. LIMITATION OF LIABILITY OF LANDOWNER. (a) Statement of Purpose. 12 The purpose of this section is to encourage owners of land to make land, 13 airstrips and water areas available to the public without charge for recre- 14 ational purposes by limiting their liability toward persons entering thereon 15 for such purposes. 16 (b) Definitions. As used in this section: 17 1. "Airstrips" means either improved or unimproved landing areas used by 18 pilots to land, park, take off, unload, load and taxi aircraft. 19 2. "Land" means private or public land, roads, airstrips, trails, water, 20 watercourses, irrigation dams, water control structures, headgates, pri- 21 vate or public ways and buildings, structures, and machinery or equipment 22 when attached to or used on the realty. 2323. "Owner" means the possessor of a fee interest, a tenant, lessee, 24 occupant or person in control of the premises. 2534. "Recreational purposes" includes, but is not limited to, any of the 26 following activities or any combination thereof: hunting, fishing, swim- 27 ming, boating, rafting, tubing, camping, picnicking, hiking, pleasure 28 driving, the flying of aircraft, bicycling, running, playing on playground 29 equipment, skateboarding, athletic competition, nature study, water ski- 30 ing, animal riding, motorcycling, snowmobiling, recreational vehicles, 31 winter sports, and viewing or enjoying historical, archeological, scenic, 32 geological or scientific sites, when done without charge of the owner. 33 (c) Owner Exempt from Warning. An owner of land owes no duty of care to 34 keep the premises safe for entry by others for recreational purposes, or to 35 give any warning of a dangerous condition, use, structure, or activity on such 36 premises to persons entering for such purposes. Neither the installation of a 37 sign or other form of warning of a dangerous condition, use, structure, or 38 activity, nor any modification made for the purpose of improving the safety of 39 others, nor the failure to maintain or keep in place any sign, other form of 40 warning, or modification made to improve safety, shall create liability on the 41 part of an owner of land where there is no other basis for such liability. 42 (d) Owner Assumes No Liability. An owner of land or equipment who either 43 directly or indirectly invites or permits without charge any person to use 2 1 such property for recreational purposes does not thereby: 2 1. Extend any assurance that the premises are safe for any purpose. 3 2. Confer upon such person the legal status of an invitee or licensee to 4 whom a duty of care is owed. 5 3. Assume responsibility for or incur liability for any injury to person 6 or property caused by an act of omission of such persons. 7 (e) Provisions Apply to Leased Public Land. Unless otherwise agreed in 8 writing, the provisions of this section shall be deemed applicable to the 9 duties and liability of an owner of land leased to the state or any subdivi- 10 sion thereof for recreational purposes. 11 (f) Provisions Apply to Land Subject to a Conservation Easement. Unless 12 otherwise agreed in writing, the provisions of this section shall be deemed 13 applicable to the duties and liability of an owner of land subject to a con- 14 servation easement to any governmental entity or nonprofit organization. 15 (g) Owner Not Required to Keep Land Safe. Nothing in this section shall 16 be construed to: 17 1. Create a duty of care or ground of liability for injury to persons or 18 property. 19 2. Relieve any person using the land of another for recreational purposes 20 from any obligation which he may have in the absence of this section to 21 exercise care in his use of such land and in his activities thereon, or 22 from legal consequences or failure to employ such care. 23 3. Apply to any person or persons who for compensation permit the land to 24 be used for recreational purposes. 25 (h) User Liable for Damages. Any person using the land of another for 26 recreational purposes, with or without permission, shall be liable for any 27 damage to property, livestock or crops which he may cause while on said prop- 28 erty.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006Moved by Little Seconded by Geddes IN THE SENATE SENATE AMENDMENT TO S.B. NO. 1266 1 AMENDMENT TO SECTION 1 2 On page 1 of the printed bill, in line 18, following "aircraft." insert: 3 "Airstrips shall not include landing areas which are or may become eligible to 4 receive federal funding pursuant to the federal airport and airway improve- 5 ment act of 1982 and subsequent amendments thereto.".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006IN THE SENATE SENATE BILL NO. 1266, As Amended BY TRANSPORTATION COMMITTEE 1 AN ACT 2 RELATING TO RECREATIONAL TRESPASS AND LIMITATION OF LANDHOLDER LIABILITY; 3 AMENDING SECTION 36-1604, IDAHO CODE, TO PROVIDE THAT THE LIMITATION OF 4 LIABILITY OF A LANDOWNER EXTENDS TO FREE PUBLIC USE OF PRIVATELY-OWNED 5 AIRSTRIPS, TO DEFINE "AIRSTRIPS," TO REVISE THE DEFINITION OF "LAND" TO 6 INCLUDE AIRSTRIPS AND TO REVISE THE DEFINITION OF "RECREATIONAL PURPOSES" 7 TO INCLUDE THE FLYING OF AIRCRAFT. 8 Be It Enacted by the Legislature of the State of Idaho: 9 SECTION 1. That Section 36-1604, Idaho Code, be, and the same is hereby 10 amended to read as follows: 11 36-1604. LIMITATION OF LIABILITY OF LANDOWNER. (a) Statement of Purpose. 12 The purpose of this section is to encourage owners of land to make land, 13 airstrips and water areas available to the public without charge for recre- 14 ational purposes by limiting their liability toward persons entering thereon 15 for such purposes. 16 (b) Definitions. As used in this section: 17 1. "Airstrips" means either improved or unimproved landing areas used by 18 pilots to land, park, take off, unload, load and taxi aircraft. Airstrips 19 shall not include landing areas which are or may become eligible to 20 receive federal funding pursuant to the federal airport and airway 21 improvement act of 1982 and subsequent amendments thereto. 22 2. "Land" means private or public land, roads, airstrips, trails, water, 23 watercourses, irrigation dams, water control structures, headgates, pri- 24 vate or public ways and buildings, structures, and machinery or equipment 25 when attached to or used on the realty. 2623. "Owner" means the possessor of a fee interest, a tenant, lessee, 27 occupant or person in control of the premises. 2834. "Recreational purposes" includes, but is not limited to, any of the 29 following activities or any combination thereof: hunting, fishing, swim- 30 ming, boating, rafting, tubing, camping, picnicking, hiking, pleasure 31 driving, the flying of aircraft, bicycling, running, playing on playground 32 equipment, skateboarding, athletic competition, nature study, water ski- 33 ing, animal riding, motorcycling, snowmobiling, recreational vehicles, 34 winter sports, and viewing or enjoying historical, archeological, scenic, 35 geological or scientific sites, when done without charge of the owner. 36 (c) Owner Exempt from Warning. An owner of land owes no duty of care to 37 keep the premises safe for entry by others for recreational purposes, or to 38 give any warning of a dangerous condition, use, structure, or activity on such 39 premises to persons entering for such purposes. Neither the installation of a 40 sign or other form of warning of a dangerous condition, use, structure, or 41 activity, nor any modification made for the purpose of improving the safety of 42 others, nor the failure to maintain or keep in place any sign, other form of 43 warning, or modification made to improve safety, shall create liability on the 2 1 part of an owner of land where there is no other basis for such liability. 2 (d) Owner Assumes No Liability. An owner of land or equipment who either 3 directly or indirectly invites or permits without charge any person to use 4 such property for recreational purposes does not thereby: 5 1. Extend any assurance that the premises are safe for any purpose. 6 2. Confer upon such person the legal status of an invitee or licensee to 7 whom a duty of care is owed. 8 3. Assume responsibility for or incur liability for any injury to person 9 or property caused by an act of omission of such persons. 10 (e) Provisions Apply to Leased Public Land. Unless otherwise agreed in 11 writing, the provisions of this section shall be deemed applicable to the 12 duties and liability of an owner of land leased to the state or any subdivi- 13 sion thereof for recreational purposes. 14 (f) Provisions Apply to Land Subject to a Conservation Easement. Unless 15 otherwise agreed in writing, the provisions of this section shall be deemed 16 applicable to the duties and liability of an owner of land subject to a con- 17 servation easement to any governmental entity or nonprofit organization. 18 (g) Owner Not Required to Keep Land Safe. Nothing in this section shall 19 be construed to: 20 1. Create a duty of care or ground of liability for injury to persons or 21 property. 22 2. Relieve any person using the land of another for recreational purposes 23 from any obligation which he may have in the absence of this section to 24 exercise care in his use of such land and in his activities thereon, or 25 from legal consequences or failure to employ such care. 26 3. Apply to any person or persons who for compensation permit the land to 27 be used for recreational purposes. 28 (h) User Liable for Damages. Any person using the land of another for 29 recreational purposes, with or without permission, shall be liable for any 30 damage to property, livestock or crops which he may cause while on said prop- 31 erty.
STATEMENT OF PURPOSE RS 15360c1 This legislation will amend Section 36-1604, Idaho Code, to provide liability relief for private property owners who have airstrips on their property and who allow the public to use the airstrip for recreational purposes. This would expand existing Idaho law that provides such liability relief for other private property owners who allow the public access to their property for hunting and fishing. FISCAL NOTE Any cost of implementation will be covered in the existing budget. CONTACT Name: Bob Martin Agency: Idaho Transportation Department Phone: 334-8775 STATEMENT OF PURPOSE/FISCAL NOTE S 1266