2006 Legislation
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SENATE BILL NO. 1266 – Airstrips, private, liability

SENATE BILL NO. 1266

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Bill Status



S1266aa...................................................by TRANSPORTATION
AIRSTRIPS - PRIVATE - Amends existing law relating to recreational trespass
and limitation of landholder liability to provide that the limitation of
liability of a landowner extends to free public use of privately-owned
airstrips; and to revise definitions.
                                                                        
01/18    Senate intro - 1st rdg - to printing
01/19    Rpt prt - to Transp
02/10    Rpt out - to 14th Ord
02/28    Rpt out amen - to engros
03/01    Rpt engros - 1st rdg - to 2nd rdg as amen
03/02    2nd rdg - to 3rd rdg as amen
03/06    3rd rdg as amen - PASSED - 33-0-2
      AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett,
      Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
      Fulcher, Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough,
      Langhorst, Little, Lodge, Marley, McGee, McKenzie, Pearce,
      Richardson, Schroeder, Stegner, Sweet, Werk, Williams
      NAYS -- None
      Absent and excused -- Malepeai, Stennett
    Floor Sponsor - Little
    Title apvd - to House
03/07    House intro - 1st rdg - to Transp
03/15    Rpt out - rec d/p - to 2nd rdg
03/16    2nd rdg - to 3rd rdg
03/24    3rd rdg - PASSED - 68-0-2
      AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
      Bedke, Bell, Bilbao, Black, Block, Boe, Bolz, Brackett, Cannon,
      Chadderdon, Clark, Collins, Crow, Deal, Denney, Edmunson, Ellsworth,
      Eskridge, Field(18), Field(23), Garrett, Hart, Harwood, Henbest,
      Henderson, Jaquet, Kemp, Lake, LeFavour, Loertscher, Martinez,
      Mathews, McGeachin, McKague, Miller, Mitchell, Moyle, Nielsen,
      Nonini, Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche,
      Rydalch, Sali, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley,
      Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Wills,
      Wood, Mr. Speaker
      NAYS -- None
      Absent and excused -- Bradford, Trail
    Floor Sponsor - Wood
    Title apvd - to Senate
03/27    To enrol
03/28    Rpt enrol - Pres signed
03/29    Sp signed
03/30    To Governor
03/31    Governor signed
         Session Law Chapter 279
         Effective: 07/01/06

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1266
                                                                        
                                BY TRANSPORTATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO RECREATIONAL TRESPASS  AND  LIMITATION  OF  LANDHOLDER  LIABILITY;
  3        AMENDING  SECTION  36-1604,  IDAHO CODE, TO PROVIDE THAT THE LIMITATION OF
  4        LIABILITY OF A LANDOWNER EXTENDS TO FREE  PUBLIC  USE  OF  PRIVATELY-OWNED
  5        AIRSTRIPS,  TO  DEFINE  "AIRSTRIPS," TO REVISE THE DEFINITION OF "LAND" TO
  6        INCLUDE AIRSTRIPS AND TO REVISE THE DEFINITION OF "RECREATIONAL  PURPOSES"
  7        TO INCLUDE THE FLYING OF AIRCRAFT.
                                                                        
  8    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  9        SECTION  1.  That  Section 36-1604, Idaho Code, be, and the same is hereby
 10    amended to read as follows:
                                                                        
 11        36-1604.  LIMITATION OF LIABILITY OF LANDOWNER. (a) Statement of  Purpose.
 12    The  purpose  of  this  section  is  to encourage owners of land to make land,
 13    airstrips and water areas available to the public without  charge  for  recre-
 14    ational  purposes  by limiting their liability toward persons entering thereon
 15    for such purposes.
 16        (b)  Definitions. As used in this section:
 17        1.  "Airstrips" means either improved or unimproved landing areas used  by
 18        pilots to land, park, take off, unload, load and taxi aircraft.
 19        2.  "Land"  means private or public land, roads, airstrips, trails, water,
 20        watercourses, irrigation dams, water control structures,  headgates,  pri-
 21        vate  or public ways and buildings, structures, and machinery or equipment
 22        when attached to or used on the realty.
 23        23.  "Owner" means the possessor of a  fee  interest,  a  tenant,  lessee,
 24        occupant or person in control of the premises.
 25        34.  "Recreational  purposes"  includes, but is not limited to, any of the
 26        following activities or any combination thereof: hunting,  fishing,  swim-
 27        ming,  boating,  rafting,  tubing,  camping,  picnicking, hiking, pleasure
 28        driving, the flying of aircraft, bicycling, running, playing on playground
 29        equipment, skateboarding, athletic competition, nature study,  water  ski-
 30        ing,  animal  riding,  motorcycling,  snowmobiling, recreational vehicles,
 31        winter sports, and viewing or enjoying historical, archeological,  scenic,
 32        geological or scientific sites, when done without charge of the owner.
 33        (c)  Owner  Exempt  from Warning. An owner of land owes no duty of care to
 34    keep the premises safe for entry by others for recreational  purposes,  or  to
 35    give any warning of a dangerous condition, use, structure, or activity on such
 36    premises  to persons entering for such purposes. Neither the installation of a
 37    sign or other form of warning of a dangerous  condition,  use,  structure,  or
 38    activity, nor any modification made for the purpose of improving the safety of
 39    others,  nor  the failure to maintain or keep in place any sign, other form of
 40    warning, or modification made to improve safety, shall create liability on the
 41    part of an owner of land where there is no other basis for such liability.
 42        (d)  Owner Assumes No Liability. An owner of land or equipment who  either
 43    directly  or  indirectly  invites  or permits without charge any person to use
                                                                        
                                           2
                                                                        
  1    such property for recreational purposes does not thereby:
  2        1.  Extend any assurance that the premises are safe for any purpose.
  3        2.  Confer upon such person the legal status of an invitee or licensee  to
  4        whom a duty of care is owed.
  5        3.  Assume  responsibility for or incur liability for any injury to person
  6        or property caused by an act of omission of such persons.
  7        (e)  Provisions Apply to Leased Public Land. Unless  otherwise  agreed  in
  8    writing,  the  provisions  of  this  section shall be deemed applicable to the
  9    duties and liability of an owner of land leased to the state or  any  subdivi-
 10    sion thereof for recreational purposes.
 11        (f)  Provisions  Apply  to Land Subject to a Conservation Easement. Unless
 12    otherwise agreed in writing, the provisions of this section  shall  be  deemed
 13    applicable  to  the duties and liability of an owner of land subject to a con-
 14    servation easement to any governmental entity or nonprofit organization.
 15        (g)  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
 18        property.
 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 permit the land to
 24        be used for recreational purposes.
 25        (h)  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-
 28    erty.

Amendment


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                                                     Moved by    Little              
                                                                        
                                                     Seconded by Geddes              
                                                                        
                                                                        
                                       IN THE SENATE
                             SENATE AMENDMENT TO S.B. NO. 1266
                                                                        
  1                                AMENDMENT TO SECTION 1
  2        On page 1 of the printed bill, in line 18, following  "aircraft."  insert:
  3    "Airstrips shall not include landing areas which are or may become eligible to
  4    receive  federal  funding pursuant to the federal  airport and airway improve-
  5    ment act of 1982 and subsequent amendments thereto.".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                              SENATE BILL NO. 1266, As Amended
                                                                        
                                BY TRANSPORTATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO RECREATIONAL TRESPASS  AND  LIMITATION  OF  LANDHOLDER  LIABILITY;
  3        AMENDING  SECTION  36-1604,  IDAHO CODE, TO PROVIDE THAT THE LIMITATION OF
  4        LIABILITY OF A LANDOWNER EXTENDS TO FREE  PUBLIC  USE  OF  PRIVATELY-OWNED
  5        AIRSTRIPS,  TO  DEFINE  "AIRSTRIPS," TO REVISE THE DEFINITION OF "LAND" TO
  6        INCLUDE AIRSTRIPS AND TO REVISE THE DEFINITION OF "RECREATIONAL  PURPOSES"
  7        TO INCLUDE THE FLYING OF AIRCRAFT.
                                                                        
  8    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  9        SECTION  1.  That  Section 36-1604, Idaho Code, be, and the same is hereby
 10    amended to read as follows:
                                                                        
 11        36-1604.  LIMITATION OF LIABILITY OF LANDOWNER. (a) Statement of  Purpose.
 12    The  purpose  of  this  section  is  to encourage owners of land to make land,
 13    airstrips and water areas available to the public without  charge  for  recre-
 14    ational  purposes  by limiting their liability toward persons entering thereon
 15    for such purposes.
 16        (b)  Definitions. As used in this section:
 17        1.  "Airstrips" means either improved or unimproved landing areas used  by
 18        pilots  to land, park, take off, unload, load and taxi aircraft. Airstrips
 19        shall not include landing areas  which  are  or  may  become  eligible  to
 20        receive  federal  funding  pursuant  to  the  federal   airport and airway
 21        improvement act of 1982 and subsequent amendments thereto.
 22        2.  "Land" means private or public land, roads, airstrips, trails,  water,
 23        watercourses,  irrigation  dams, water control structures, headgates, pri-
 24        vate or public ways and buildings, structures, and machinery or  equipment
 25        when attached to or used on the realty.
 26        23.  "Owner"  means  the  possessor  of  a fee interest, a tenant, lessee,
 27        occupant or person in control of the premises.
 28        34.  "Recreational purposes" includes, but is not limited to, any  of  the
 29        following  activities  or any combination thereof: hunting, fishing, swim-
 30        ming, boating, rafting,  tubing,  camping,  picnicking,  hiking,  pleasure
 31        driving, the flying of aircraft, bicycling, running, playing on playground
 32        equipment,  skateboarding,  athletic competition, nature study, water ski-
 33        ing, animal riding,  motorcycling,  snowmobiling,  recreational  vehicles,
 34        winter  sports, and viewing or enjoying historical, archeological, scenic,
 35        geological or scientific sites, when done without charge of the owner.
 36        (c)  Owner Exempt from Warning. An owner of land owes no duty of  care  to
 37    keep  the  premises  safe for entry by others for recreational purposes, or to
 38    give any warning of a dangerous condition, use, structure, or activity on such
 39    premises to persons entering for such purposes. Neither the installation of  a
 40    sign  or  other  form  of warning of a dangerous condition, use, structure, or
 41    activity, nor any modification made for the purpose of improving the safety of
 42    others, nor the failure to maintain or keep in place any sign, other  form  of
 43    warning, or modification made to improve safety, shall create liability on the
                                                                        
                                           2
                                                                        
  1    part of an owner of land where there is no other basis for such liability.
  2        (d)  Owner  Assumes No Liability. An owner of land or equipment who either
  3    directly or indirectly invites or permits without charge  any  person  to  use
  4    such property for recreational purposes does not thereby:
  5        1.  Extend any assurance that the premises are safe for any purpose.
  6        2.  Confer  upon such person the legal status of an invitee or licensee to
  7        whom a duty of care is owed.
  8        3.  Assume responsibility for or incur liability for any injury to  person
  9        or property caused by an act of omission of such persons.
 10        (e)  Provisions  Apply  to  Leased Public Land. Unless otherwise agreed in
 11    writing, the provisions of this section shall  be  deemed  applicable  to  the
 12    duties  and  liability of an owner of land leased to the state or any subdivi-
 13    sion thereof for recreational purposes.
 14        (f)  Provisions Apply to Land Subject to a Conservation  Easement.  Unless
 15    otherwise  agreed  in  writing, the provisions of this section shall be deemed
 16    applicable to the duties and liability of an owner of land subject to  a  con-
 17    servation easement to any governmental entity or nonprofit organization.
 18        (g)  Owner  Not  Required to Keep Land Safe. Nothing in this section shall
 19    be construed to:
 20        1.  Create a duty of care or ground of liability for injury to persons  or
 21        property.
 22        2.  Relieve any person using the land of another for recreational purposes
 23        from  any  obligation  which he may have in the absence of this section to
 24        exercise care in his use of such land and in his  activities  thereon,  or
 25        from legal consequences or failure to employ such care.
 26        3.  Apply to any person or persons who for compensation permit the land to
 27        be used for recreational purposes.
 28        (h)  User  Liable  for  Damages.  Any person using the land of another for
 29    recreational purposes, with or without permission, shall  be  liable  for  any
 30    damage  to property, livestock or crops which he may cause while on said prop-
 31    erty.

Statement of Purpose / Fiscal Impact


                     STATEMENT OF PURPOSE
                          RS 15360c1

This legislation will amend Section 36-1604, Idaho Code, to 
provide liability relief for private property owners who have 
airstrips on their property and who allow the public to use the 
airstrip for recreational purposes. This would expand existing 
Idaho law that provides such liability relief for other private 
property owners who allow the public access to their property 
for hunting and fishing.


                          FISCAL NOTE

Any cost of implementation will be covered in the existing 
budget.





CONTACT
Name:	Bob Martin
Agency:	Idaho Transportation Department
Phone:	334-8775


STATEMENT OF PURPOSE/FISCAL NOTE                	S 1266