Print Friendly HOUSE BILL NO. 135 – Recreation trespass/landowner lblty
HOUSE BILL NO. 135
View Daily Data Tracking History
View Bill Text
View Statement of Purpose / Fiscal Impact
Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.
This sentence is marked with bold and underline to show added text.
This sentence is marked with strikethrough and italic, indicating
text to be removed.
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
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature First Regular Session - 1999
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 135
BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
1 AN ACT
2 RELATING TO RECREATIONAL TRESPASS; AMENDING SECTION 36-1604, IDAHO CODE, TO
3 PROVIDE THAT LIMITATION OF LANDOWNER LIABILITY INCLUDES THE RECREATIONAL
4 PURPOSE OF ENJOYING GEOLOGICAL SITES.
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
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-
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.
There is no fiscal impact.
CONTACT: Jack Lyman, Idaho Mining Association
Rep. Lenore Barrett
STATEMENT OF PURPOSE/ FISCAL NOTE Bill No. H 135