SB 79 Text

COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 79
(By Senators Plymale and Jenkins)
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[Originating in the Committee on Natural Resources;
reported February 10, 2010.]
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A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §7-11-5a; to amend said code by adding thereto a new section, designated §8-21-10a; to amend and reenact §19-25-3 of said code; to amend and reenact §20-4-5 of said code; and to amend said code by adding thereto a new section, designated §20-5-3a, all relating to limiting liability for parks and recreation; limiting the liability of the section of Parks and Recreation of the Division of Natural Resources, county parks and recreation commissions, boards of parks and recreation commissioners, any officer or agent of a nonprofit state park or forest foundation; limiting the liability of owners of land used for public parks and recreation purposes under an agreement with any of the foregoing entities without remuneration; and limiting the liability of equestrians.

Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §7-11-5a; that said code be amended by adding thereto a new section, designated §8-21-10a; that §19-25-3 of said code be amended and reenacted; that §20-4-5 of said code be amended and reenacted; and that said code be amended by adding thereto a new section, designated §20-5- 3a, all to read as follows:
CHAPTER 7. COUNTY COMMISSIONS AND OFFICERS.
ARTICLE 11. COUNTY PARKS AND RECREATION COMMISSIONS.
§7-11-5a. Liability of county parks and recreation commissions.
(a) A commission is not liable for any injury, loss or damage caused intentionally or by the negligence of any person who is not an agent or employee of the commission.
(b) A commission is not liable for any injury, loss or damage to any person unless the injury, loss or damage was directly caused by an agent or employee of the commission and the injury, loss or damage occurs within the public parks and recreational properties and facilities owned by the county or commission.
CHAPTER 8. MUNICIPAL CORPORATIONS.
ARTICLE 21. BOARD OF PARK AND RECREATION COMMISSIONERS.
§8-21-10a. Liability of board.
(a) A board is not liable for any injury, loss or damage caused intentionally or by the negligence of any person who is not an agent or employee of the board.
(b) A board is not liable for any injury, loss or damage to any person unless the injury, loss or damage was directly caused by an agent or employee of the board and the injury, loss or damage occurs within the city public parks and recreational properties and facilities owned by the board.
CHAPTER 19. AGRICULTURE.
ARTICLE 25. LIMITING LIABILITY OF LANDOWNERS.

§19-25-3. Limiting duty of landowner who grants a lease, easement or license of land to federal, state, county or municipal government or any agency thereof.

Unless otherwise agreed in writing, an owner, with or without remuneration, who grants a lease, easement or license of land to the federal government or any agency thereof, or the state or any agency thereof, or any county or municipality or agency thereof, for military training or recreational or wildlife propagation purposes owes no duty of care to keep that land safe for entry or use by others or to give warning to persons entering or going upon the land of any dangerous or hazardous conditions, uses, structures or activities thereon. An owner who, with or without remuneration, grants a lease, easement or license of land to the federal government or any agency thereof, or the state or any agency thereof, or any county or municipality or agency thereof, for military training or recreational or wildlife propagation purposes does not by giving a lease, easement or license: (a) Extend any assurance to any person using the land that the premises are safe for any purpose; or (b) confer upon those persons the legal status of an invitee or licensee to whom a duty of care is owed; or (c) assume responsibility for or incur liability for any injury to person or property caused by an act or omission of a person who enters upon the leased land. The provisions of this section apply whether the person entering upon the leased land is an invitee, licensee, trespasser or otherwise.
CHAPTER 20. NATURAL RESOURCES.

ARTICLE 4. EQUESTRIAN ACTIVITIES RESPONSIBILITY ACT.

20-4-5. Liability of equestrian.
(a) ~~A horseman~~ An equestrian shall be liable for injury, loss or damage caused by failure to follow the duties set forth in section three of this article where the violation of duty is causally related to the injury, loss or damage suffered. ~~A horseman~~ An equestrian shall not be liable for any injury, loss or damage caused by the negligence of any person who is not an agent or employee of ~~such horseman~~ the equestrian .
(b) ~~A horseman~~ An equestrian shall be liable for acts or omissions ~~which~~ that constitute gross negligence or willful and wanton conduct ~~which~~ that is the proximate cause of injury to a participant.
(c) ~~A horseman~~ An equestrian shall be liable for an intentional injury ~~which~~ that he or she inflicts upon a participant.
(d) Every horseman shall carry public liability insurance in limits of no less than one hundred thousand dollars per person, three hundred thousand dollars per occurrence and ten thousand dollars for property damage: Provided, That equestrians who are not engaged in a commercial profit-making venture are exempt from carrying public liability insurance .
ARTICLE 5. PARKS AND RECREATION.
§20-5-3a. Liability of Section of Parks and Recreation.
(a) The Section of Parks and Recreation is not liable for any injury, loss or damage caused intentionally or by the negligence of any person who is not an agent or employee of the section.
(b) The Section of Parks and Recreation, as well as any officer or agent of any legally constituted 26 U.S.C. (c)(3) nonprofit state park or forest foundation, is not liable for any injury, loss or damage to any person unless the injury, loss or damage was directly caused by an agent or employee of the section, as well as any officer or agent of any legally constituted 26 U.S.C. (c)(3) nonprofit state park or forest foundation, and the injury, loss or damage occurs within the state parks and public recreational properties and facilities owned or operated by the section or the Division of Natural Resources.

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