1999 Legislation
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HOUSE BILL NO. 135 – Recreation trespass/landowner lblty


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H0135................................by JUDICIARY, RULES AND ADMINISTRATION
RECREATIONAL TRESPASS - Amends existing law relating to recreational
trespass to provide that limitation of landowner liability includes the
recreational purpose of enjoying geological sites.

01/29    House intro - 1st rdg - to printing
02/01    Rpt prt - to Jud
02/04    Rpt out - rec d/p - to 2nd rdg
02/05    2nd rdg - to 3rd rdg
02/08    3rd rdg - PASSED - 65-0-5
      AYES -- Alltus, Barraclough, Barrett, Bieter, Black, Boe, Bruneel,
      Campbell, Chase, Clark, Crow, Cuddy, Deal, Denney, Field(13),
      Field(20), Gagner, Geddes, Gould, Hadley, Hammond, Hansen(23),
      Hansen(29), Henbest, Hornbeck, Jaquet, Jones, Judd, Kellogg, Kempton,
      Kendell, Kjellander, Kunz, Lake, Limbaugh, Linford, Loertscher,
      Mader, Marley, McKague, Meyer, Montgomery, Mortensen, Moyle,
      Pischner, Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali,
      Schaefer, Sellman, Smith, Stevenson, Stoicheff, Stone, Tilman,
      Tippets, Trail, Watson, Wheeler, Wood, Zimmermann, Mr Speaker
      NAYS -- None
      Absent and excused -- Bell, Callister, Ellsworth, Taylor, Williams
    Floor Sponsor - Barrett
    Title apvd - to Senate
02/09    Senate intro - 1st rdg - to Jud
03/01    Rpt out - rec d/p - to 2nd rdg
03/02    2nd rdg - to 3rd rdg
03/09    3rd rdg - PASSED - 28-3-4
      AYES--Andreason, Boatright, Bunderson, Burtenshaw, Cameron, Crow,
      Danielson, Darrington, Davis, Deide, Frasure, Geddes, Hawkins,
      Ingram, Keough, King, Lee, McLaughlin, Noh, Richardson, Riggs, Risch,
      Sandy, Schroeder, Sorensen, Stegner, Thorne, Wheeler
      NAYS--Dunklin, Stennett, Whitworth
      Absent and excused--Branch, Ipsen, Parry, Twiggs
    Floor Sponsor - Geddes
    Title apvd - to House
03/10    To enrol
03/11    Rpt enrol - Sp signed
03/12    Pres signed
03/15    To Governor
03/17    Governor signed
         Session Law Chapter 72
         Effective: 07/01/99

Bill Text


 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fifth Legislature                 First Regular Session - 1999

                             IN THE HOUSE OF REPRESENTATIVES

                                    HOUSE BILL NO. 135


 1                                        AN ACT

 5    Be It Enacted by the Legislature of the State of Idaho:

 6        SECTION 1.  That Section 36-1604, Idaho Code, be, and the same  is  hereby
 7    amended to read as follows:

 8        36-1604.  LIMITATION  OF LIABILITY OF LANDOWNER. (a) Statement of Purpose.
 9    The purpose of this section is to encourage owners of land to  make  land  and
10    water  areas  available to the public without charge for recreational purposes
11    by limiting their liability toward persons entering thereon for such purposes.
12        (b)  Definitions. As used in this section:
13        1.  "Land" means private or public  land,  roads,  trails,  water,  water-
14        courses,  irrigation dams, water control structures, headgates, private or
15        public ways and buildings, structures, and  machinery  or  equipment  when
16        attached to or used on the realty.
17        2.  "Owner" means the possessor of a fee interest, a tenant, lessee, occu-
18        pant or person in control of the premises.
19        3.  "Recreational  Purposes"  includes,  but is not limited to, any of the
20        following or any combination thereof: Hunting, fishing, swimming, boating,
21        rafting, tubing, camping, picnicking,  hiking,  pleasure  driving,  nature
22        study,  water  skiing,  animal  riding, motorcycling, snowmobiling, recre-
23        ational vehicles, winter sports, and viewing or enjoying  historical,  ar-
24        cheological,  scenic,    geological   or scientific sites, when
25        done without charge of the owner.
26        (c)  Owner Exempt from Warning. An owner of land owes no duty of  care  to
27    keep  the  premises  safe for entry by others for recreational purposes, or to
28    give any warning of a dangerous condition, use, structure, or activity on such
29    premises to persons entering for such purposes. Neither the installation of  a
30    sign  or  other  form  of warning of a dangerous condition, use, structure, or
31    activity, nor any modification made for the purpose of improving the safety of
32    others, nor the failure to maintain or keep in place any sign, other  form  of
33    warning, or modification made to improve safety, shall create liability on the
34    part of an owner of land where there is no other basis for such liability.
35        (d)  Owner  Assumes No Liability. An owner of land or equipment who either
36    directly or indirectly invites or permits without charge  any  person  to  use
37    such property for recreational purposes does not thereby:
38        1.  Extend any assurance that the premises are safe for any purpose.
39        2.  Confer  upon such person the legal status of an invitee or licensee to
40        whom a duty of care is owed.
41        3.  Assume responsibility for or incur liability for any injury to  person
42        or property caused by an act of omission of such persons.
43        (e)  Provisions  Apply  to  Leased Public Land. Unless otherwise agreed in


 1    writing, the provisions of this section shall  be  deemed  applicable  to  the
 2    duties  and  liability of an owner of land leased to the state or any subdivi-
 3    sion thereof for recreational purposes.
 4        (f)  Owner Not Required to Keep Land Safe. Nothing in this  section  shall
 5    be construed to:
 6        1.  Create  a duty of care or ground of liability for injury to persons or
 7        property.
 8        2.  Relieve any person using the land of another for recreational purposes
 9        from any obligation which he may have in the absence of  this  section  to
10        exercise  care  in  his use of such land and in his activities thereon, or
11        from legal consequences or failure to employ such care.
12        3.  Apply to any person or persons who for compensation permits  the  land
13        to be used for recreational purposes.
14        (g)  User  Liable  for  Damages.  Any person using the land of another for
15    recreational purposes, with or without permission, shall  be  liable  for  any
16    damage  to property, livestock or crops which he may cause while on said prop-
17    erty.

Statement of Purpose / Fiscal Impact

                   STATEMENT OF PURPOSE      

This legislation would add the word "geological" to the definition of
recreational purposes under the recreational trespass statute (Title
36, Chapter 16.) This addition would clarify that rock hounds and
prospectors, who might be drawn to abandoned mine sites, would be
covered under the statute.

                               FISCAL NOTE

There is no fiscal impact.

CONTACT:   Jack Lyman, Idaho Mining Association
               Rep. Lenore Barrett
 STATEMENT OF PURPOSE/ FISCAL NOTE                 Bill No.  H 135