View Daily Data Tracking History
View Bill Text
View Statement of Purpose / Fiscal Impact
S1109...................................................by JUDICIARY AND RULES
LANDS - Amends existing law relating to recreational trespass and landowner
liability to define "charge."
02/10 Senate intro - 1st rdg - to printing
02/11 Rpt prt - to Jud
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
IN THE SENATE
SENATE BILL NO. 1109
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO RECREATIONAL TRESPASS AND LIMITATION OF LANDOWNER LIABILITY;
3 AMENDING SECTION 36-1604, IDAHO CODE, TO DEFINE THE TERM "CHARGE" AND TO
4 MAKE A TECHNICAL CORRECTION.
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. "Charge" for purposes of this chapter, shall mean a fee collected by
14 or on behalf of the owner of private lands to secure authorization to use
15 private lands for recreational purposes, but excluding therefrom fees col-
16 lected by or on behalf of the owner of public lands to defray the cost of
17 publicly-supported programs or services related to recreational purposes.
18 2. "Land" means private or public land, roads, trails, water, water-
19 courses, irrigation dams, water control structures, headgates, private or
20 public ways and buildings, structures, and machinery or equipment when
21 attached to or used on the realty.
22 23. "Owner" means the possessor of a fee interest, a tenant, lessee,
23 occupant or person in control of the premises.
24 34. "Recreational Ppurposes" includes, but is not limited to, any of the
25 following or any combination thereof: Hunting, fishing, swimming, boating,
26 rafting, tubing, camping, picnicking, hiking, pleasure driving, bicycling,
27 running, playing on playground equipment, skateboarding, athletic competi-
28 tion, nature study, water skiing, animal riding, motorcycling,
29 snowmobiling, recreational vehicles, winter sports, and viewing or enjoy-
30 ing historical, archeological, scenic, geological or scientific sites,
31 when done without charge of the owner.
32 (c) Owner Exempt from Warning. An owner of land owes no duty of care to
33 keep the premises safe for entry by others for recreational purposes, or to
34 give any warning of a dangerous condition, use, structure, or activity on such
35 premises to persons entering for such purposes. Neither the installation of a
36 sign or other form of warning of a dangerous condition, use, structure, or
37 activity, nor any modification made for the purpose of improving the safety of
38 others, nor the failure to maintain or keep in place any sign, other form of
39 warning, or modification made to improve safety, shall create liability on the
40 part of an owner of land where there is no other basis for such liability.
41 (d) Owner Assumes No Liability. An owner of land or equipment who either
42 directly or indirectly invites or permits without charge any person to use
43 such property for recreational purposes does not thereby:
2
1 1. Extend any assurance that the premises are safe for any purpose.
2 2. Confer upon such person the legal status of an invitee or licensee to
3 whom a duty of care is owed.
4 3. Assume responsibility for or incur liability for any injury to person
5 or property caused by an act of omission of such persons.
6 (e) Provisions Apply to Leased Public Land. Unless otherwise agreed in
7 writing, the provisions of this section shall be deemed applicable to the
8 duties and liability of an owner of land leased to the state or any subdivi-
9 sion thereof for recreational purposes.
10 (f) Owner Not Required to Keep Land Safe. Nothing in this section shall
11 be construed to:
12 1. Create a duty of care or ground of liability for injury to persons or
13 property.
14 2. Relieve any person using the land of another for recreational purposes
15 from any obligation which he may have in the absence of this section to
16 exercise care in his use of such land and in his activities thereon, or
17 from legal consequences or failure to employ such care.
18 3. Apply to any person or persons who for compensation permit the land to
19 be used for recreational purposes.
20 (g) User Liable for Damages. Any person using the land of another for
21 recreational purposes, with or without permission, shall be liable for any
22 damage to property, livestock or crops which he may cause while on said prop-
23 erty.
STATEMENT OF PURPOSE
RS 12449C1
This legislation amends Sec. 36-1604, pertaining to
Recreational Trespass Landholder Liability Limited. The
Idaho Supreme Court has ruled that when fees are charged by
a governmental entity for recreational purposes the existing
limitations on liability for recreation trespass do not
apply. The intent of this legislation is to clarify the
liability of governmental entities for providing
recreational opportunities whether or not a charge is
imposed. Many recreational opportunities are supported by a
user fee charge to partially defer some of the cost of
providing these public services. Through this fee system
the users who most directly benefit from these programs are
expected to at least partially pay for the opportunities
they enjoy. Due to a recent Idaho court decision, these
charges could potentially lead to expansive undefined
liabilities for governmental entities.
If this issue is not addressed legislatively, governmental
entities will be forced to consider other management
alternatives that could include: eliminating or reducing
recreational opportunities currently subsidized through user
fees; subsidizing these recreational opportunities
exclusively with taxpayer dollars; or increasing user fees
sufficiently to cover additional operating costs associated
with managing these services under the new standard for
liability or potential losses due to increased liability
exposure.
FISCAL IMPACT
There is no fiscal impact from this legislation. However,
if this legislation is not passed the liability exposure for
every public entity in Idaho that offsets taxpayer support
for recreational services with user fees has the potential
of becoming a significant financial liability to the state.
If this legislation is not passed, important recreational
programs and services will be negatively impacted.
Contact:
Name: Rick Collignon
Agency: Idaho Department of Parks and Recreation
Phone: 334-4187
Statement of Purpose/Fiscal Impact S 110