2002 Legislation
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HOUSE BILL NO. 601 – Liability, land used recreation


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Daily Data Tracking History

H0601................................by JUDICIARY, RULES AND ADMINISTRATION
LIABILITY - Amends existing law to provide that bicycling, running, playing
on playground equipment, skateboarding and athletic competition are
included in the definition of "recreational activity" for the limitation of
legal liability of landowners.
02/08    House intro - 1st rdg - to printing
02/11    Rpt prt - to Jud
02/26    Rpt out - rec d/p - to 2nd rdg
02/27    2nd rdg - to 3rd rdg
02/28    3rd rdg - PASSED - 55-7-8
      AYES -- Aikele, Barraclough, Barrett, Bedke, Bell, Black, Block,
      Bolz, Bradford, Bruneel, Callister, Campbell, Clark, Collins, Crow,
      Cuddy, Denney, Ellis, Ellsworth, Eskridge, Field(13), Field(20),
      Gould, Hadley, Harwood, Henbest, Hornbeck, Jaquet, Jones, Kendell,
      Kunz, Lake, Langford, Loertscher, Mader, McKague, Meyer, Moyle,
      Pearce, Pischner, Pomeroy, Raybould, Ridinger, Roberts, Schaefer,
      Shepherd, Smylie, Stevenson, Stone, Tilman, Trail, Wheeler, Wood,
      Young, Mr. Speaker
      NAYS -- Bieter, Higgins, Martinez, Robison, Sellman, Smith(33),
      Absent and excused -- Boe, Deal, Gagner, Hammond, Kellogg(Duncan),
      Montgomery, Mortensen, Sali
    Floor Sponsor - Gould
    Title apvd - to Senate
03/01    Senate intro - 1st rdg - to Jud
03/05    Rpt out - rec d/p - to 2nd rdg
03/06    2nd rdg - to 3rd rdg
03/12    3rd rdg - PASSED - 31-4-0
      AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Bunderson,
      Burtenshaw, Cameron, Darrington, Deide, Dunklin, Frasure, Geddes,
      Goedde, Hawkins, Hill, Ingram, Ipsen, Keough, King-Barrutia, Lodge,
      Marley, Noh, Richardson, Sandy, Schroeder, Sims, Stegner, Stennett,
      Thorne, Wheeler, Williams
      NAYS -- Davis, Little, Risch, Sorensen
      Absent and excused -- None
    Floor Sponsor - Stegner
    Title apvd - to House
03/13    To enrol
03/14    Rpt enrol - Sp signed - Pres signed
03/14    To Governor
03/27    Governor signed
         Session Law Chapter 346
         Effective: 03/27/02

Bill Text

  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                              IN THE HOUSE OF REPRESENTATIVES
                                     HOUSE BILL NO. 601
  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, bicycling,
 22        running, playing on playground equipment, skateboarding, athletic competi-
 23        tion,  nature  study,   water   skiing,   animal   riding,   motorcycling,
 24        snowmobiling,  recreational vehicles, winter sports, and viewing or enjoy-
 25        ing historical, archeological, scenic,  geological  or  scientific  sites,
 26        when done without charge of the owner.
 27        (c)  Owner  Exempt  from Warning. An owner of land owes no duty of care to
 28    keep the premises safe for entry by others for recreational  purposes,  or  to
 29    give any warning of a dangerous condition, use, structure, or activity on such
 30    premises  to persons entering for such purposes. Neither the installation of a
 31    sign or other form of warning of a dangerous  condition,  use,  structure,  or
 32    activity, nor any modification made for the purpose of improving the safety of
 33    others,  nor  the failure to maintain or keep in place any sign, other form of
 34    warning, or modification made to improve safety, shall create liability on the
 35    part of an owner of land where there is no other basis for such liability.
 36        (d)  Owner Assumes No Liability. An owner of land or equipment who  either
 37    directly  or  indirectly  invites  or permits without charge any person to use
 38    such property for recreational purposes does not thereby:
 39        1.  Extend any assurance that the premises are safe for any purpose.
 40        2.  Confer upon such person the legal status of an invitee or licensee  to
 41        whom a duty of care is owed.
 42        3.  Assume  responsibility for or incur liability for any injury to person
 43        or property caused by an act of omission of such persons.
  1        (e)  Provisions Apply to Leased Public Land. Unless  otherwise  agreed  in
  2    writing,  the  provisions  of  this  section shall be deemed applicable to the
  3    duties and liability of an owner of land leased to the state or  any  subdivi-
  4    sion thereof for recreational purposes.
  5        (f)  Owner  Not  Required to Keep Land Safe. Nothing in this section shall
  6    be construed to:
  7        1.  Create a duty of care or ground of liability for injury to persons  or
  8        property.
  9        2.  Relieve any person using the land of another for recreational purposes
 10        from  any  obligation  which he may have in the absence of this section to
 11        exercise care in his use of such land and in his  activities  thereon,  or
 12        from legal consequences or failure to employ such care.
 13        3.  Apply  to  any person or persons who for compensation permits the land
 14        to be used for recreational purposes.
 15        (g)  User Liable for Damages. Any person using the  land  of  another  for
 16    recreational  purposes,  with  or  without permission, shall be liable for any
 17    damage to property, livestock or crops which he may cause while on said  prop-
 18    erty.
 19        SECTION  2.  An  emergency  existing  therefor,  which emergency is hereby
 20    declared to exist, this act shall be in full force and effect on and after its
 21    passage and approval.

Statement of Purpose / Fiscal Impact

                       STATEMENT OF PURPOSE
                            RS 11937

The purpose of this proposed amendment is to encourage owners of
land to make land and water areas available to the public without
charge for recreational purposes by limiting their liability.

                          FISCAL IMPACT


Name: Representative Celia Gould 
Phone: 332-1000

STATEMENT OF PURPOSE/FISCAL NOTE                        H 601