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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),
Smith(23)
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
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 601
BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
1 AN ACT
2 RELATING TO LIMITATIONS OF LEGAL LIABILITY OF A LANDOWNER; AMENDING SECTION
3 36-1604, IDAHO CODE, TO FURTHER DEFINE THE TERM "RECREATIONAL PURPOSES"
4 AND TO MAKE A TECHNICAL CORRECTION; AND DECLARING AN EMERGENCY.
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.
2
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
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
*
Contact
Name: Representative Celia Gould
Phone: 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE H 601