SENATE BILL REPORT
SB 5022
This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent. |
As of February 3, 2015
Title: An act relating to providing fee immunity for certain city, town, and county water facilities.
Brief Description: Providing fee immunity for certain city, town, and county water facilities.
Sponsors: Senators Angel, Liias and Rolfes.
Brief History:
Committee Activity: Natural Resources & Parks: 1/14/15.
SENATE COMMITTEE ON NATURAL RESOURCES & PARKS |
Staff: Curt Gavigan (786-7437)
Background: Authority for Local Moorage Facilities. Along with several other public entities, statute currently provides a county, city, or town with the specific authority to:
operate a moorage facility, defined as a property or facility capable of use to moor or store vessels; and
adopt rules necessary for rental and use of that moorage facility, including the collection of charges.
The statutory schemes governing counties, cities, and towns also include individual authorizations to construct and manage moorage and other recreational facilities.
Limited Landowner Liability for Recreational Uses. Under Washington tort law, landowners generally owe persons invited to enter their land a duty to use ordinary care to keep that land in a reasonably safe condition. This includes an affirmative duty to inspect the premises and discover dangerous conditions.
The Legislature modified this general rule through what is known as the Recreational Use Immunity Statute (statute). The statute generally provides protection from tort liability for landowners who allow public use of their lands and do not charge a fee. However, in a few circumstances landowners may charge a fee and still receive protection under the statute. These situations include the following:
a fee of up to $25 for cutting, gathering, and removing firewood;
some state-issued recreational licenses and permits; and
a daily charge not to exceed $20 for access to certain public off-road vehicle facilities.
The liability protection offered under the statute is not absolute. The statute does not protect landowners from certain dangerous conditions for which warning signs have not been conspicuously posted. Additionally, landowners who intentionally injure recreational users receive no protection.
Summary of Bill: Addresses Local Moorage Fees and Limited Liability Protection. A county, city, or town may impose a fee of up to $20 per day or $100 annually to access and use a moorage facility. Every two years the maximum authorized daily fee increases by $1 and the maximum annual fee increases by $5.
Limited liability protection under the Recreational Use Immunity Statute extends to a county, city, or town that imposes these moorage fees.
Specifically Authorizes Local Moorage Facilities. Specific additional authority is provided to a county, city, and town to plan for, construct, operate, and maintain moorage facilities for recreational boating activities.
Appropriation: None.
Fiscal Note: Not requested.
Committee/Commission/Task Force Created: No.
Effective Date: Ninety days after adjournment of session in which bill is passed.
Staff Summary of Public Testimony: PRO: Gig Harbor is exploring how it can improve amenities at its dock. Prior to 2000, the city had charged for moorage to help provide services, but stopped after a supreme court case due to a fear of liability. There is a public policy advantage to facilitate local governments improving boating opportunities.
CON: Charging for the use of moorage facilities is essentially a business-invitee relationship. The intent of the recreational use immunity law is to provide limited liability protection to those who allow free recreation.
Persons Testifying: PRO: Senator Angel, prime sponsor; Ron Williams, city of Gig Harbor.
CON: Larry Shannon, WA Assn. for Justice.