HOUSE BILL REPORT

SB 6672

BYSenators Nelson and Talmadge; by request of Parks and Recreation Commission

Limiting liability of the parks and recreation commission for unintentional injuries on lands administered for winter recreation purposes.

House Committe on Judiciary

Majority Report:  Do pass as amended.  (16)

      Signed by Representatives Appelwick, Chair; Crane, Vice Chair; Padden, Ranking Republican Member; Brough, Dellwo, Forner, Hargrove, Inslee, P. King, R. Meyers, Moyer, H. Myers, Scott, D. Sommers, Tate and Wineberry.

House Staff:Pat Shelledy (786-7149)

AS REPORTED BY COMMITTEE ON JUDICIARY FEBRUARY 22, 1990

BACKGROUND:

The State Parks and Recreation Commission has numerous powers and duties regarding the administration of state parks.  The commission may plan, construct, and maintain winter recreational facilities for winter recreational activities on lands the commission acquires or administers, or as authorized by agreement on lands that other public or private entities administer. Additionally, the commission's powers and duties include adopting rules and regulations covering snowmobiles.  Further, those duties include reviewing and approving plans and specifications for recreational conveyance devices such as ski lifts. The commission can contract with other public or private entities for the actual conduct of the duties but the commission is ultimately responsible for their proper administration. Current law does not specify the commission's liability for injuries to users of winter recreational activities under the Parks and Recreation Commission statute.  The provisions covering Conveyances for Persons in Recreational Activities provide that the "department's" inspections, rules and regulations are part of the state's police power and do not impose state liability for injuries resulting from the operation of those conveyances.

SUMMARY:

BILL AS AMENDED:  The State Parks and Recreation Commission's liability is limited and defined.  The commission is not responsible for unintentional injuries to users of lands the commission, other public agencies, or private landowners by agreement with the commission,  administer for winter recreational purposes.  The commission also is not liable for injuries resulting from the use of snowmobiles. The commission shall be liable if an injury results from the commission's failure to post warning signs warning users of a known dangerous artificial latent condition. A snow covered and groomed road used for winter recreation is not a known dangerous artificial latent condition. In addition to the limits on liability for inspections, rules, and regulations, the commission's approval of plans and specifications for conveyance devises is also not intended to impose liability on the commission for injury resulting from the operation of a conveyance device.

AMENDED BILL COMPARED TO ORIGINAL:  A technical correction is added to remove the ambiguity that it is clear "whether by" refers to the entity administering the land and does not refer to the cause of the injuries.

Fiscal Note:      Available.

House Committee ‑ Testified For:    No one.

House Committee - Testified Against:      No one.

House Committee - Testimony For:    None.

House Committee - Testimony Against:      None.