HOUSE BILL REPORT

EHB 1623

BYRepresentatives Belcher, Bowman, Ferguson, Brumsickle, Haugen, Hargrove, Locke and McLean

Benefiting winter recreation activities of the state parks and recreation commission.

House Committe on Judiciary

Majority Report:  Do pass with amendment.  (17)

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

House Staff:Pat Shelledy (786-7149)

AS PASSED HOUSE JANUARY 10, 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:

The commission's liability is limited and defined.  The commission is not responsible for unintentional injuries to users of lands the commission administers for winter recreational purposes.  The commission is also 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. The commission's approval of the construction or installation of a conveyance device does not impose liability on the commission for injury resulting from the operation of that conveyance device.

Fiscal Note:      Not Requested.

House Committee ‑ Testified For:    Cleve Pinnix, State Parks and Recreation Commission; Paul Wiseman, The Mountaineers Club.

House Committee - Testified Against:      No one.

House Committee - Testimony For:    Mountaineers, cross country skiers and snowmobilers can continue to use the commission's lands for recreational purposes by limiting the commission's liability for injuries to that imposed on private landowners.

House Committee - Testimony Against:      None.

VOTE ON FINAL PASSAGE:

      Yeas 85; Absent 6; Excused 7.

Absent:     Representatives Appelwick, Basich, Hine, Locke, H. Sommers and Wineberry

Excused:    Representatives Cantwell, Day, Dellwo, Hankins, Miller, Sayan and S. Wilson