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H0273.....................................................by WAYS AND MEANS
RECREATIONAL TRESPASS - Amends existing law relating to recreational
trespass to provide for limitation of liability of an owner of land subject
to a conservation easement to any governmental entity or nonprofit
organization.
02/17 House intro - 1st rdg - to printing
02/18 Rpt prt - to Res/Con
02/28 Rpt out - rec d/p - to 2nd rdg
03/03 2nd rdg - to 3rd rdg
03/04 3rd rdg - PASSED - 64-1-5
AYES -- Andersen, Barraclough, Bedke, Bell, Bieter, Black, Block,
Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins, Crow, Cuddy,
Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth, Eskridge,
Field(18), Gagner, Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg,
Kulczyk, Langford, Langhorst, Martinez, McGeachin, McKague, Meyer,
Miller, Mitchell, Moyle, Naccarato, Nielsen, Raybould, Ridinger,
Ring, Ringo, Roberts, Robison, Rydalch, Sali, Sayler, Schaefer,
Shepherd, Shirley, Skippen, Smith(30), Smylie, Snodgrass, Stevenson,
Tilman, Trail, Wills, Mr. Speaker
NAYS -- Smith(24)
Absent and excused -- Barrett, Bauer, Field(23), Lake, Wood
Floor Sponsor - Cuddy
Title apvd - to Senate
03/05 Senate intro - 1st rdg - to Res/Env
03/25 Rpt out - rec d/p - to 2nd rdg
03/26 2nd rdg - to 3rd rdg
03/28 3rd rdg - PASSED - 32-0-3
AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett, Burtenshaw,
Cameron, Compton, Darrington, Davis, Gannon, Geddes, Goedde, Hill,
Ingram, Kennedy, Keough, Little, Lodge, Malepeai, Marley, McKenzie,
McWilliams, Noble, Noh, Pearce, Richardson, Schroeder, Sorensen,
Stegner, Stennett, Sweet
NAYS -- None
Absent and excused -- Calabretta, Werk, Williams
Floor Sponsors - Little & Stennett
Title apvd - to House
03/31 To enrol
04/01 Rpt enrol - Sp signed
04/02 Pres signed
04/03 To Governor
04/08 Governor signed
Session Law Chapter 265
Effective: 07/01/03
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 273
BY WAYS AND MEANS COMMITTEE
1 AN ACT
2 RELATING TO RECREATIONAL TRESPASS AND LIMITATION OF LIABILITY OF LANDOWNER;
3 AMENDING SECTION 36-1604, IDAHO CODE, TO PROVIDE FOR LIMITATION OF LIABIL-
4 ITY OF AN OWNER OF LAND SUBJECT TO A CONSERVATION EASEMENT TO ANY GOVERN-
5 MENTAL ENTITY OR NONPROFIT ORGANIZATION AND TO MAKE TECHNICAL CORRECTIONS.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Section 36-1604, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 36-1604. LIMITATION OF LIABILITY OF LANDOWNER. (a) Statement of Purpose.
10 The purpose of this section is to encourage owners of land to make land and
11 water areas available to the public without charge for recreational purposes
12 by limiting their liability toward persons entering thereon for such purposes.
13 (b) Definitions. As used in this section:
14 1. "Land" means private or public land, roads, trails, water, water-
15 courses, irrigation dams, water control structures, headgates, private or
16 public ways and buildings, structures, and machinery or equipment when
17 attached to or used on the realty.
18 2. "Owner" means the possessor of a fee interest, a tenant, lessee, occu-
19 pant or person in control of the premises.
20 3. "Recreational Ppurposes" includes, but is not limited to, any of the
21 following or any combination thereof: Hhunting, fishing, swimming, boat-
22 ing, rafting, tubing, camping, picnicking, hiking, pleasure driving,
23 bicycling, running, playing on playground equipment, skateboarding, ath-
24 letic competition, nature study, water skiing, animal riding,
25 motorcycling, snowmobiling, recreational vehicles, winter sports, and
26 viewing or enjoying historical, archeological, scenic, geological or sci-
27 entific sites, when done without charge of the owner.
28 (c) Owner Exempt from Warning. An owner of land owes no duty of care to
29 keep the premises safe for entry by others for recreational purposes, or to
30 give any warning of a dangerous condition, use, structure, or activity on such
31 premises to persons entering for such purposes. Neither the installation of a
32 sign or other form of warning of a dangerous condition, use, structure, or
33 activity, nor any modification made for the purpose of improving the safety of
34 others, nor the failure to maintain or keep in place any sign, other form of
35 warning, or modification made to improve safety, shall create liability on the
36 part of an owner of land where there is no other basis for such liability.
37 (d) Owner Assumes No Liability. An owner of land or equipment who either
38 directly or indirectly invites or permits without charge any person to use
39 such property for recreational purposes does not thereby:
40 1. Extend any assurance that the premises are safe for any purpose.
41 2. Confer upon such person the legal status of an invitee or licensee to
42 whom a duty of care is owed.
43 3. Assume responsibility for or incur liability for any injury to person
2
1 or property caused by an act of omission of such persons.
2 (e) Provisions Apply to Leased Public Land. Unless otherwise agreed in
3 writing, the provisions of this section shall be deemed applicable to the
4 duties and liability of an owner of land leased to the state or any subdivi-
5 sion thereof for recreational purposes.
6 (f) Provisions Apply to Land Subject to a Conservation Easement. Unless
7 otherwise agreed in writing, the provisions of this section shall be deemed
8 applicable to the duties and liability of an owner of land subject to a con-
9 servation easement to any governmental entity or nonprofit organization.
10 (g) 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 (gh) 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 13021
This legislation would modify statute to extend liability
protection for private landowners who provide public access to
their lands through a conservation easement. The law currently
holds landowners harmless from claims by citizens who are injured
while recreating on their land so long as the citizen is not
paying for the right to recreate. The current law is unclear as
to whether the landowners who convey public access conservation
easements and receive value for the conservation easement have
the same protection. This addition makes it clear that
landowners who grant public access through a conservation
easement are held harmless from liability claims made by those
who recreate on said land.
FISCAL IMPACT
This bill will have no negative fiscal impact.
Contact
Name: Mark Benson
Phone: 208-799-1781
STATEMENT OF PURPOSE/FISCAL NOTE H 273