HOUSE BILL REPORT

SB 6574

As Amended by the House

BYSenators Metcalf and Kreidler; by request of Washington State Parks and Recreation Commission

Limiting liability of the parks and recreation commission regarding winter recreation activities.

House Committe on Judiciary

Majority Report:  Do pass with amendment.  (14)

      Signed by Representatives Armstrong, Chair; Crane, Vice Chair; Belcher, Brough, Hargrove, Lewis, Meyers, Moyer, Padden, Patrick, Schmidt, Scott, Wang and Wineberry.

House Staff:Harry Reinert (786-7110)

AS PASSED HOUSE MARCH 2, 1988

BACKGROUND:

The State Parks and Recreation Commission administers a winter recreation program in which it plans, constructs and maintains facilities on lands administered by the commission and on lands administered by other public agencies or private landowners by agreement.  Under the program, the commission maintains trails for cross-country skiing, snowmobiles and other recreational uses, clears parking areas, and provides maps and signage.  The program is funded in part by the issuance of winter recreational parking area permits.

Public or private landowners in Washington who allow the public access to their lands for outdoor recreation purposes without charging a fee are provided immunity from liability for unintentional injuries to such users.  The immunity does not cover known dangerous artificial conditions for which warning signs have not been posted.  The commission qualifies for such immunity for winter recreation program activities on state park lands.  However, the immunity does not extend to program activities on other lands, including private lands with owners by agreement and federal lands such as are administered by the United States Forest Service.

SUMMARY:

The commission is not liable for unintentional injuries to users of lands administered under the winter recreation program, whether the land is the property of the state, a private entity, or the federal government.  The immunity does not cover known dangerous artificial conditions which have not been marked.  Roads open for winter recreation are not presumed to be artificial conditions.

Fiscal Note:      Not Requested.

House Committee ‑ Testified For:    Cleve Pinnix, Parks and Recreation Commission; Paul Wiseman, Mountaineers; Dennis Martin, WSTLA (in part); Kay Lloyd, Washington State Snowmobile.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    There is a potential gap in the state's immunity for operating winter recreation programs.  This bill provides the state with the same immunity whether it owns land or administers land of another under the winter recreation program.

House Committee - Testimony Against:      None Presented.