SENATE BILL REPORT

SB 6672

BYSenators Nelson and Talmadge; by request of Parks and Recreation Commission

Limiting liability of the parks and recreation commission for unintentional injuries on lands administered for winter recreation purposes.

Senate Committee on Law & Justice

Senate Hearing Date(s):January 29, 1990; January 31, 1990

Majority Report:     Do pass.

     Signed by Senators Nelson, Chairman; McCaslin, Vice Chairman; Hayner, Madsen, Newhouse, Niemi, Patrick, Rasmussen, Rinehart, Talmadge, Thorsness.

Senate Staff:Richard Rodger (786-7461)

                February 14, 1990

AS PASSED SENATE, FEBRUARY 13, 1990

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.

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 by the Parks and Recreation Commission is not considered a known, dangerous, artificial, latent condition.

Appropriation:  none

Revenue:   none

Fiscal Note:    requested

Senate Committee - Testified:   Nina Carter, State Parks and Recreation (pro)