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H0687aa.............................................by REVENUE AND TAXATION
LANDOWNER LIABILITY - Adds to and repeals existing law relating to limiting
landowner liability to provide a statement of purpose; to provide
definitions; to provide that landowners are exempt from warning; to provide
that landowners assume no liability for persons using, without charge, the
land for recreational, entertainment or educational purposes; to provide
application to leased public land; to provide that landowners are not
required to keep land safe; to provide that users are liable for damages to
land and to delete the law describing limitations on landowner liability.
02/13 House intro - 1st rdg - to printing
02/16 Rpt prt - to Jud
03/02 Rpt out - to Gen Ord
03/06 Rpt out amen - to engros
03/09 Rpt engros - 1st rdg - to 2nd rdg as amen
03/10 2nd rdg - to 3rd rdg as amen
03/11 3rd rdg as amen - PASSED - 66-1-3
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Bivens,
Black(15), Black(23), Boe, Bruneel, Callister, Campbell, Chase,
Clark, Crane, Cuddy, Denney, Ellsworth, Field(13), Field(20), Gagner,
Geddes, Gould, Hadley, Hansen, Henbest, Hornbeck, Jaquet, Jones(9),
Jones(22), Jones(20), Kellogg, Kempton, Kendell, Kjellander, 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, Watson, Wheeler, Wood, Zimmermann, Mr Speaker
NAYS -- Judd
Absent and excused -- Crow, Deal, Kunz,
Floor Sponsor - Stubbs
Title apvd - to Senate
03/12 Senate intro - 1st rdg as amen - to Jud
H0687|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 687, As Amended BY REVENUE AND TAXATION COMMITTEE 1 AN ACT 2 RELATING TO LIMITING OF LANDOWNER LIABILITY; AMENDING TITLE 6, IDAHO CODE, BY 3 THE ADDITION OF A NEW CHAPTER 23, TITLE 6, IDAHO CODE, TO PROVIDE A TITLE, 4 TO PROVIDE A STATEMENT OF PURPOSE, TO PROVIDE DEFINITIONS, TO PROVIDE THAT 5 LANDOWNERS ARE EXEMPT FROM WARNING, TO PROVIDE THAT LANDOWNERS ASSUME NO 6 LIABILITY, TO PROVIDE APPLICATION TO LEASED PUBLIC LAND, TO PROVIDE THAT 7 LANDOWNERS ARE NOT REQUIRED TO KEEP LAND SAFE, TO PROVIDE THE USERS ARE 8 LIABLE FOR DAMAGES TO LAND; AND REPEALING SECTION 36-1604, IDAHO CODE. 9 Be It Enacted by the Legislature of the State of Idaho: 10 SECTION 1. That Title 6, Idaho Code, be, and the same is hereby amended 11 by the addition thereto of a NEW CHAPTER , to be known and desig- 12 nated as Chapter 23, Title 6, Idaho Code, and to read as follows: 13 CHAPTER 23 14 LIMITATION OF LANDOWNER LIABILITY 15 6-2301. PURPOSE. The purpose of this chapter is to encourage landowners 16 to make land and water areas available to the public without charge, or for a 17 token or nominal charge, for recreational, entertainment or educational pur- 18 poses by limiting the landowner's liability toward persons entering the land 19 for the purposes described. 20 6-2302. DEFINITIONS. As used in this chapter: 21 (1) "Land" means private or public land, whether developed or undevel- 22 oped, rural or urban, roads, trails, water, watercourses, irrigation dams, 23 water control structures, headgates, private or public ways and all buildings 24 and structures, whether enclosed or open air, and machinery or equipment when 25 attached to or used on the realty when used in connection with a recreational, 26 entertainment or educational purpose. 27 (2) "Owner" means the possessor of a fee interest, a tenant, lessee, 28 occupant or person in control of the premises. 29 (3) "Recreational, entertainment or educational purposes" includes any 30 activity, whether active or passive, the essential purpose of which is to 31 engage in recreation, entertainment or education. These activities include, 32 but are not limited to, any of the following or any combination of activities: 33 Hunting, fishing, swimming, boating, rafting, tubing, camping, picnicking, 34 hiking, pleasure driving, nature study, water skiing, animal riding, 35 motorcycling, snowmobiling, recreational vehicles, winter sports, as well as 36 more passive activities such as viewing or enjoying sporting events, histori- 37 cal, archeological, scenic, or scientific, cultural, dramatic or educational 38 sites, productions or presentations, when done without charge or for a token 39 or nominal charge of the owner. 40 6-2303. OWNER EXEMPT FROM WARNING. An owner of land owes no duty of care 2 1 to keep the premises safe for entry by others for recreational, entertainment 2 or educational purposes, or to give any warning of a dangerous condition, use, 3 structure, or activity on the premises to persons entering for such purposes. 4 Neither the installation of a sign or other form of warning of a dangerous 5 condition, use, structure, or activity, nor any modification made for the pur- 6 pose of improving the safety of others, nor the failure to maintain or keep in 7 place any sign, other form of warning, or modification made to improve safety, 8 shall create liability on the part of an owner of land where there is no other 9 basis for such liability. 10 6-2304. OWNER ASSUMES NO LIABILITY. An owner of land who either directly 11 or indirectly invites or permits, without charge or for a token or nominal 12 charge, any person to use the land for recreational, entertainment or educa- 13 tional purposes does not thereby: 14 (1) Extend any assurance that the land or equipment is safe for any pur- 15 pose; 16 (2) Confer upon such person the legal status of an invitee or licensee to 17 whom a duty of care is owed; 18 (3) Assume responsibility for, or incur liability for, any injury to per- 19 son or property caused by an act or omission of such persons. 20 6-2305. APPLICATION TO LEASED PUBLIC LAND. Unless otherwise agreed in 21 writing, the provisions of this chapter apply to the duties and liability of 22 an owner of land leased to the state or any subdivision of the state for rec- 23 reational, entertainment or educational purposes. 24 6-2306. OWNER NOT REQUIRED TO KEEP LAND SAFE. Nothing in this chapter 25 shall be construed to: 26 (1) Create a duty of care or ground of liability for injury to persons or 27 property; 28 (2) Relieve any person using the land of another for recreational, enter- 29 tainment or educational purposes from any obligation which he may have in the 30 absence of this section to exercise care in his use of such land and in his 31 activities thereon, or from legal consequences or failure to employ such care; 32 (3) Except as otherwise provided in this chapter, apply to any person or 33 persons who for compensation permits the land to be used for recreational pur- 34 poses. 35 6-2307. USER LIABLE FOR DAMAGES. Any person using the land of another 36 for recreational, entertainment or educational purposes, with or without per- 37 mission, shall be liable for any damage to property, livestock or crops which 38 he may cause while on the land. 39 SECTION 2. That Section 36-1604, Idaho Code, be, and the same is hereby 40 repealed.
STATEMENT OF PURPOSE
RS07843
This measure moves the limitation of landowner liability
from the fish and game section to the general section of the
code, and expands the protection afforded to landowners to those
may charge a nominal fee or who provide the property for
educational or entertainment purposes.
FISCAL NOTE
None
CONTACT: Representative Mark Stubbs
PHONE: 332-1000
STATEMENT OF PURPOSE/ FISCAL NOTE
H687