2003 Legislation
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HOUSE BILL NO. 273 – Recreational trespass, liability


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Daily Data Tracking History

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
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

Bill Text

  ||||              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
  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
  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 / Fiscal Impact

                       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.

Name: Mark Benson 
Phone: 208-799-1781