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H0577aa,aa.................................................by STATE AFFAIRS
EQUINE ACTIVITY - LIABILITY - Amends existing law to provide that the
general limitation of liability of an equine activity sponsor or an equine
professional extends to the injury or death of an equine engaged in an
equine activity and to include the equine within the exceptions to the
liability limitation.
02/02 House intro - 1st rdg - to printing
02/03 Rpt prt - to St Aff
02/16 Rpt out - to Gen Ord
02/18 Rpt out amen - to engros
02/19 Rpt engros - 1st rdg - to 2nd rdg as amen
02/20 2nd rdg - to 3rd rdg as amen
02/24 Returned to Gen Ord
02/26 Rpt out amen - to engros
02/27 Rpt engros - 1st rdg - to 2nd rdg as amen
03/02 2nd rdg - to 3rd rdg as amen
03/05 3rd rdg as amen - PASSED - 69-0-1
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Bivens,
Black(15), Black(23), Boe, Bruneel, Callister, Campbell, Chase,
Clark, Crane, Crow, Cuddy, Deal, Denney, Ellsworth, Field(13),
Field(20), Gagner, Geddes, Gould, Hadley, Hansen, Henbest, Hornbeck,
Jaquet, Jones(9), Jones(22), Jones(20), Judd, Kellogg, Kempton,
Kendell, Kjellander, Kunz, Lake, Linford, Loertscher, Mader, Marley,
McKague, Meyer, Miller, Mortensen, Newcomb, Pischner, Pomeroy,
Reynolds, Richman, Ridinger, Robison, Sali, Schaefer, Stevenson,
Stoicheff, Stone, Stubbs, Taylor, Tilman, Tippets, Trail, Wheeler,
Wood, Zimmermann, Mr Speaker
NAYS -- None
Absent and excused -- Watson
Floor Sponsor - Stoicheff
Title apvd - to Senate
03/06 Senate intro - 1st rdg as amen - to St Aff
03/17 Rpt out - rec d/p - to 2nd rdg as amen
03/18 2nd rdg - to 3rd rdg as amen
03/19 3rd rdg as amen - PASSED - 35-0-0
AYES -- Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Diede, Dunklin, Frasure, Geddes, Hansen,
Hawkins, Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh, Parry,
Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stennett,
Sweeney, Thorne, Twiggs, Wheeler, Whitworth
NAYS -- None
Absent and excused -- None
Floor Sponsor - Richardson
Title apvd - to House
03/20 To enrol - rpt enrol - Sp signed
Pres signed - to Governor
03/24 Governor signed
Session Law Chapter 296
Effective: 07/01/98
H0577|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 577, As Amended, As Amended BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO THE EQUINE ACTIVITIES IMMUNITY ACT; AMENDING SECTION 6-1802, IDAHO 3 CODE, TO PROVIDE THAT THE GENERAL LIMITATION OF LIABILITY OF AN EQUINE 4 ACTIVITY SPONSOR OR AN EQUINE PROFESSIONAL EXTENDS TO THE INJURY OR DEATH 5 OF AN EQUINE ENGAGED IN AN EQUINE ACTIVITY AND TO INCLUDE THE EQUINE 6 WITHIN THE EXCEPTIONS TO THE LIABILITY LIMITATION. 7 Be It Enacted by the Legislature of the State of Idaho: 8 SECTION 1. That Section 6-1802, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 6-1802. LIMITATION OF LIABILITY ON EQUINE ACTIVITIES. (1) Except as pro- 11 vided in subsections (2) and (3) of this section, an equine activity sponsor 12 or an equine professional shall not be liable for any injury to or the death 13 of a participant or equine engaged in an equine activity and, 14 except as provided in subsections (2) and (3) of this section, no participant 15 nor participant's representative may maintain an action against or recover 16 from an equine activity sponsor or an equine professional for an injury to or 17 the death of a participant or equine engaged in an equine activ- 18 ity. 19 (2) The provisions of this chapter do not apply to the horse or mule 20 racing industry as regulated in chapter 25, title 54, Idaho Code. 21 (3) Nothing in subsection (1) of this section shall prevent or limit the 22 liability of an equine activity sponsor or an equine professional: 23 (a) If the equine activity sponsor or the equine professional: 24 (i) Provided the equipment or tack and the equipment or tack caused 25 the injury; or 26 (ii) Provided the equine and failed to make reasonable and prudent 27 efforts to determine the ability of the participant to engage safely 28 in the equine activity, determine the ability of the equine to behave 29 safely with the participant, and to determine the ability of the par- 30 ticipant to safely manage the particular equine; 31 (iii) Owns, leases, rents or otherwise is in lawful possession and 32 control of the land or facilities upon which the participant or 33 equine sustained injuries because of a dangerous latent condi- 34 tion which was known to or should have been known to the equine 35 activity sponsor or the equine professional and for which warning 36 signs have not been conspicuously posted; 37 (iv) Commits an act or omission that constitutes willful or wanton 38 disregard for the safety of the participant or equine 39 and that act or omission caused the injury; 40 (v) Intentionally injures the participant or equine ; 41 (b) Under liability provisions as set forth in the products liability 42 laws; or 43 (c) Under the liability provisions set forth in chapter 9, title 6, Idaho 2 1 Code.
STATEMENT OF PURPOSE
RS07640C1
This proposed legislation updates the Equine Activities Immunity Act. Changes are
proposed that would limit liability for injury or death of an equine engaged in an equine
activity. Provisions are proposed to be deleted because they are deemed too broad in
nature to be relevant. A provision is being added that would allow two parties to agree in
writing to waive specific liabilities imposed by or beyond the provisions of this act.
FISCAL IMPACT
No fiscal impact.
CONTACT
Name: Stan Boyd, Idaho Horse Racing Alliance
Phone: 344-2271
H 577