SENATE BILL REPORT

SB 5351

BYSenators Metcalf and Owen

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

Senate Committee on Environment & Natural Resources

Senate Hearing Date(s):January 26, 1989

Majority Report:  Do pass.

      Signed by Senators Metcalf, Chairman; Amondson, Vice Chairman; Barr, Benitz, DeJarnatt, Kreidler, Owen, Patterson, Sutherland.

Senate Staff:Gary Wilburn (786-7453)

                  January 27, 1989

AS REPORTED BY COMMITTEE ON ENVIRONMENT & NATURAL RESOURCES, JANUARY 26, 1989

BACKGROUND:

The State Parks and Recreation Commission manages a winter recreation program in which it plans, constructs and maintains facilities on lands administered by the commission, 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.  The commission's immunity does not extend to its winter recreation program activities on other lands provided by agreement with the owners.

Owners and operators of recreational conveyances, specifically including ski lifts and similar devices for winter recreation activities, are required to submit plans and specifications to the State Parks and Recreation Commission prior to installation.  The commission may issue orders requiring repairs or reconstruction of defective or dangerous devices, including prohibiting its use until such action is taken.  The commission employs or retains one or more qualified engineers, one of whom is designated the inspector of recreational devices.

All recreational devices covered by the law must be inspected at least once a year and any dangerous or defective equipment must be reported to the commission.  The expenses of the inspection are reimbursed by the owner or operator.  The department's inspections, rules, and orders shall not impose liability upon the state for any injury or damage resulting from the operation of regulated facilities.

SUMMARY:

The State Parks and Recreation 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.  Exceptions to the liability limitation are provided.

References to the "department" are corrected to refer to the State Parks and Recreation Commission.  To clarify existing law the liability protection is expressly extended to the commission's approval of ski lift plans and specifications.

Appropriation:    none

Revenue:    none

Fiscal Note:      none requested

Senate Committee - Testified: FOR:  Cleve Pinnix, State Parks; Roger Lampitt, Washington State Snowmobile Association; Paul Wiseman, The Mountaineers