H-1472              _______________________________________________

                                                    HOUSE BILL NO. 858

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State of Washington                              49th Legislature                              1985 Regular Session

By Representatives Armstrong and Appelwick

Read first time 2/8/85 and referred to Committee on Judiciary.

AN ACT Relating to recreational immunity; and amending  RCW 4.24.210.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

        Sec. 1.  Section 2, chapter 216, Laws of 1967 as last amended by section 1, chapter 111, Laws of 1980 and RCW 4.24.210 are each amended to read as follows:

          Any public or private landowners or others in lawful possession and control of any lands whether rural or urban, or water areas or channels and lands adjacent to such areas or channels, who allow members of the public to use them for the purposes of outdoor recreation, which term includes, but is not limited to, the cutting, gathering, and removing of firewood by private persons for their personal use without purchasing the firewood from the landowner, hunting, fishing, camping, picnicking, swimming, hiking, bicycling, the riding of horses or other animals, clam digging, pleasure driving of off-road vehicles, snowmobiles, and other vehicles, boating, nature study, winter or water sports, viewing or enjoying historical, archaeological, scenic, or scientific sites, without charging a fee of any kind therefor, shall not be liable for ((unintentional injuries to such users)) injuries caused by passive conditions of the land:  PROVIDED, That any public or private landowner, or others in lawful possession and control of the land, may charge an administrative fee of up to ten dollars for the cutting, gathering, and removing of firewood from the land:  PROVIDED FURTHER, That nothing in this section shall prevent the liability of such a landowner or others in lawful possession and control for injuries sustained to users by reason of a known dangerous artificial latent condition for which warning signs have not been conspicuously posted:  PROVIDED FURTHER, That nothing in RCW 4.24.200 and 4.24.210 limits or expands in any way the doctrine of attractive nuisance:  AND PROVIDED FURTHER, That the usage by members of the public is permissive and does not support any claim of adverse possession.