Print Friendly HOUSE BILL NO. 690 – Landowners, legal liability
HOUSE BILL NO. 690
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H0690.....................................................by WAYS AND MEANS
LANDOWNERS - Amends existing law to further define "recreational purposes"
for purposes of the limitation of legal liability for landowners.
02/28 House intro - 1st rdg - to printing
03/01 Rpt prt - to Jud
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 690
BY WAYS AND MEANS COMMITTEE
1 AN ACT
2 RELATING TO LIMITATIONS OF LEGAL LIABILITY OF A LANDOWNER; AMENDING SECTION
3 36-1604, IDAHO CODE, TO REVISE THE PURPOSE, TO FURTHER DEFINE THE TERM
4 "RECREATIONAL PURPOSES," TO DEFINE THE TERM "STATE," TO PROVIDE APPLICA-
5 TION AND NONAPPLICATION AND TO MAKE A TECHNICAL CORRECTION; AND DECLARING
6 AN EMERGENCY.
7 Be It Enacted by the Legislature of the State of Idaho:
8 SECTION 1. That Section 36-1604, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 36-1604. LIMITATION OF LIABILITY OF LANDOWNER. (a) Statement of Purpose.
11 The purpose of this section is to encourage owners of private land to make
12 land and water areas available to the public without charge for recreational
13 purposes by limiting their liability toward persons entering thereon for such
14 purposes and to define the liability of the state where fees are charged for
15 recreational purposes.
16 (b) Definitions. As used in this section:
17 1. "Land" means private or public land, roads, trails, water, water-
18 courses, irrigation dams, water control structures, headgates, private or
19 public ways and buildings, structures, and machinery or equipment when
20 attached to or used on the realty.
21 2. "Owner" means the possessor of a fee interest, a tenant, lessee, occu-
22 pant or person in control of the premises.
23 3. "Recreational Ppurposes" includes, but is not limited to, any of the
24 following or any combination thereof: Hhunting, fishing, swimming, boat-
25 ing, rafting, tubing, camping, picnicking, canoeing, kayaking,
26 skateboarding, inline skating, playing, backpacking, biking, off-road
27 driving, golfing, ATV riding, sailboarding, surfing, skiing, snowboarding,
28 cross-country skiing, snowshoeing, ice skating, sledding, climbing,
29 bouldering, spelunking, parasailing, hangliding, shooting, bicycling, run-
30 ning, playing on playground equipment, athletic competition, hiking,
31 pleasure driving, nature study, water skiing, animal riding, motorcycling,
32 snowmobiling, recreational vehicles, winter sports, and viewing or enjoy-
33 ing historical, archeological, scenic, geological or scientific sites,
34 when done without charge of the owner.
35 4. "State" includes the state of Idaho, Idaho cities, counties, school
36 districts, recreation districts and each of its agents and employees.
37 (c) Owner Exempt from Warning. An owner of land owes no duty of care to
38 keep the premises safe for entry by others for recreational purposes, or to
39 give any warning of a dangerous condition, use, structure, or activity on such
40 premises to persons entering for such purposes. Neither the installation of a
41 sign or other form of warning of a dangerous condition, use, structure, or
42 activity, nor any modification made for the purpose of improving the safety of
43 others, nor the failure to maintain or keep in place any sign, other form of
1 warning, or modification made to improve safety, shall create liability on the
2 part of an owner of land where there is no other basis for such liability.
3 (d) Owner Assumes No Liability. An owner of land or equipment who either
4 directly or indirectly invites or permits without charge any person to use
5 such property for recreational purposes does not thereby:
6 1. Extend any assurance that the premises are safe for any purpose.
7 2. Confer upon such person the legal status of an invitee or licensee to
8 whom a duty of care is owed.
9 3. Assume responsibility for or incur liability for any injury to person
10 or property caused by an act of omission of such persons.
11 (e) Provisions Apply to Leased Public Land. Unless otherwise agreed in
12 writing, the provisions of this section shall be deemed applicable to the
13 duties and liability of an owner of land leased to the state or any subdivi-
14 sion thereof for recreational purposes.
15 (f) Owner Not Required to Keep Land Safe. Nothing in this section shall
16 be construed to:
17 1. Create a duty of care or ground of liability for injury to persons or
19 2. Relieve any person using the land of another for recreational purposes
20 from any obligation which he may have in the absence of this section to
21 exercise care in his use of such land and in his activities thereon, or
22 from legal consequences or failure to employ such care.
23 3. Apply to any person or persons who for compensation permits the land
24 to be used for recreational purposes.
25 (g) User Liable for Damages. Any person using the land of another for
26 recreational purposes, with or without permission, shall be liable for any
27 damage to property, livestock or crops which he may cause while on said prop-
29 (h) The provisions of this section shall be deemed applicable to the
30 state for lands owned or managed, or both, for recreational purposes notwith-
31 standing whether a charge is imposed for engaging in recreational purposes.
32 (i) The provisions of this section shall not apply to the state for the
33 design, engineering, operation and maintenance of swimming pools or
35 SECTION 2. An emergency existing therefor, which emergency is hereby
36 declared to exist, this act shall be in full force and effect on and after its
37 passage and approval.
STATEMENT OF PURPOSE
The purpose of this proposed amendment is to differentiate between
private landowners who charge for the use of their lands for
recreational purposes and the State of Idaho and its political
subdivisions who collect user fees to help offset the general fund
costs of operating and maintaining public parks.
Name: Richard J. Collignon, Director
Dept. of Parks and Recreation
STATEMENT OF PURPOSE/FISCAL NOTE H 690