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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
]]]] 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.
]]]] 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.".
]]]] 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
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