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Introduced Version Senate Bill 676 History

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sb676 intr
Senate Bill No. 676

(By Senators Plymale, Jenkins and Stollings)

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[Introduced February 15, 2008; referred to the Committee on Government Organization; and then to the Committee on the Judiciary.]

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A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §7-11-7; to amend said code by adding thereto a new section, designated §8-21-10a; to amend said code by adding thereto a new section, designated §19-25-8; and to amend said code by adding thereto a new section, designated §20-5-23, all relating to limiting 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 and owners of land used for public parks and recreation purposes under an agreement with any of the foregoing entities.

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 §7-11-7; that said code be amended by adding thereto a new section, designated §8-21-10a; that said code be amended by adding thereto a new section, designated §19-25-8; and that said code be amended by adding thereto a new section, designated §20-5-23, all to read as follows:
CHAPTER 7. COUNTY COMMISSIONS AND OFFICERS.

ARTICLE 11. COUNTY PARKS AND RECREATION COMMISSIONS.
§7-11-7. Liability of county parks and recreation commissions.
(a) A commission is not liable for any injury, loss or damage caused intentionally by 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 by 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.
§19-25-8. Limiting liability of certain owners of land used for parks and recreation purposes.

(a) Notwithstanding any other provision of this article to the contrary, this section applies to any owner of land used for public
parks and recreation purposes under an agreement with any of the following:
(1) The section of Parks and Recreation of the Division of Natural Resources established pursuant to article five, chapter twenty of this code;
(2) Any county parks and recreation commission established pursuant to article eleven, chapter seven of this code; or
(3) Any board of park and recreation commissioners established pursuant to article twenty-one, chapter eight of this code.
(b) Notwithstanding any other provision of this article to the contrary, an owner of land meeting the requirements of subsection (a) of this section, whether with or without charge, owes no duty of care to keep the premises safe for entry or use by others for recreational purposes or to give any warning of a dangerous or hazardous condition, use, structure or activity on the premises to persons entering for those purposes.
(c) Notwithstanding any other provision of this article to the contrary, the landowner or lessor of the property meeting the requirements set forth in subsection (a) of this section for recreational purposes does not thereby: (1) Extend any assurance that the premises are safe for any purpose; or (2) confer upon such persons the legal status of an invitee or licensee to whom a duty of care is owed; or (3) assume responsibility for or incur liability for any injury to person or property caused by an act or omission of these persons.
(d) Unless otherwise agreed in writing, an owner meeting the requirements of subsection (a) of this section who grants a lease, easement or license of land to one or more of the entities described in subsection (a) of this section for recreational 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 on the land. An owner who grants a lease, easement or license of land to one or more of the entities set forth in subsection (a) for recreational purposes does not by giving a lease, easement or license: (1) Extend any assurance to any person using the land that the premises are safe for any purpose; (2) confer upon those persons the legal status of an invitee or licensee to whom a duty of care is owed; or (3) 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 land is an invitee, licensee, trespasser or otherwise.
(e) Nothing in this section limits in any way any liability which otherwise exists for deliberate, willful or malicious infliction of injury to persons or property: Provided, That nothing in this section limits in any way the obligation of a person entering upon or using the land of another for recreational purposes to exercise due care in his or her use of the land and in his or her activities on the land, so as to prevent the creation of hazards or the commission of waste by himself or herself: Provided, however, That equestrians who are using the land but who are not engaged in a commercial profit-making venture are exempt from the provisions of subsection (d), section five, article four, chapter twenty of this code.
CHAPTER 20. NATURAL RESOURCES.

ARTICLE 5. PARKS AND RECREATION.
§20-5-23. 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 by or by the negligence of any person who is not an agent or employee of the section of parks and recreation.
(b) The section of parks and recreation 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 of parks and recreation and the injury, loss or damage occurs within the state parks and public recreational properties and facilities owned by the section of parks and recreation or the Division of Natural Resources.



NOTE: The purpose of this bill is to limit the liability of the section of Parks and Recreation of the Division of Natural Resources, county parks and recreation commissions, boards of park and recreation commissioners and owners of land used for public parks and recreation purposes under an agreement with any of the foregoing entities.


These sections are new; therefore, strike-throughs and underscoring have been omitted.
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