SENATE BILL REPORT

SB 6574

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.

Senate Committee on Environment & Natural Resources

Senate Hearing Date(s):January 28, 1988; February 4, 1988

Majority Report:  Do pass.

      Signed by Senators Metcalf, Chairman; Smith, Vice Chairman; Barr, Benitz, Kreidler, Owen, Patterson.

Senate Staff:Gary Wilburn (786-7453); Henry Yates (786-7708)

                  March 4, 1988

AS PASSED SENATE, FEBRUARY 16, 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 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 on lands administered by the commission, other public agencies, or private landowners through agreement with the commission.

Appropriation:    none

Revenue:    none

Fiscal Note:      none requested

Senate Committee - Testified: Cleve Pinnix, Parks and Recreation Commission (for); Paul Wiseman, Mountaineers (for); Dennis Martin, Trial Lawyers (against); Kay Lloyd, Washington State Snowmobile (for)

HOUSE AMENDMENT:

The commission may be held liable for injuries sustained by a user because of a known, dangerous, artificial latent condition for which no warning signs were conspicuously posted.  A road covered with snow and groomed for winter recreation under state law authorizing the Parks and Recreation Commission to prepare roads for snowmobiling and cross-country skiing is not considered to be a known, dangerous, artificial latent condition.