HOUSE BILL REPORT

HB 2998

BYRepresentative Belcher

Exempting certain permits and licenses from the definition of a fee.

House Committe on Natural Resource & Parks

Majority Report:  Do pass.  (11)

      Signed by Representatives Belcher, Chair; K. Wilson, Vice Chair; Beck, Ranking Republic Member; Brumsickle, Dellwo, Ferguson, Fuhrman, Hargrove, Myers, Raiter and Sayan.

House Staff:Marilee Scarbrough (786-7196)

AS PASSED HOUSE FEBRUARY 9, 1990

BACKGROUND:

As the result of a risk management study, the Department of Wildlife became aware of several areas of potential agency liability. The recreational immunity statute provides that public and private landowners are not liable for unintentional injuries to members of the public who use the land for outdoor recreation, provided no fee of any kind is charged for such use.  The recreational immunity statute allows land owners to charge an administrative fee of up to $10 for the cutting, gathering and removing of firewood, without incurring liability.

The Department of Wildlife, however, is required by statute to charge persons 16 or older a license fee for hunting, fishing, or trapping.  This license fee exceeds $10.  When these license holders use department lands and access facilities they subject the department to potential liability.

SUMMARY:

The existing recreational immunity statute is amended.  For the purpose of limiting liability, a license or permit issued for state wide use by the Department of Wildlife, the Department of Natural Resources, or the Department of Fisheries is not a fee.

Fiscal Note:      Not Requested.

House Committee ‑ Testified For:    Nina Carter, State Parks and Recreation Commission; and Jenene Fenton, Department of Wildlife.

House Committee - Testified Against:      Dennis Martin, Trial Lawyers Association.

House Committee - Testimony For:    The State Parks and Recreation Commission issues state park permits for a fee.  The commission would like immunity from liability for those state issued permits.  The Department of Wildlife issues permits for hunting in specific areas.  The department would like to maintain their immunity from liability even though a fee is charged.

House Committee - Testimony Against:      The state should not be given immunity from all unintentional injuries on state property.  If the state develops a parcel of property, they should not have immunity from unintentional injuries.  The license or permit must be limited to activities in undeveloped areas for the state to escape liability. (Note:  HB 2998, as passed out of committee, reflects changes that respond to these concerns.)