SENATE CONCURRENT RESOLUTION NO. 75
(By Senators Jenkins,
Kessler, Browning, Chafin, Foster, Laird,
Minard, Palumbo, Snyder, Stollings, Williams, Yost, Barnes, Deem
and Hall
)
[Originating in the Committee on the Judiciary]
Requesting the Joint Committee on the Judiciary to study the need
to limit the liability of the section of Parks and Recreation
of the Division of Natural Resources and state park
foundations, 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.
Whereas, public parks provide recreational areas for
communities across the State of West Virginia; and
Whereas, without these recreational areas, there would be far
fewer locations for recreational activity within the state; and
Whereas, there is a strong need in all communities within the
state for recreational areas within which community members can
exercise and enjoy the opportunities that each public park offers;
and
Whereas, during the participation in recreational activities
there always exists the unfortunate possibility of a person sustaining injury, loss or damage; and
Whereas, such injury, loss or damage may not be caused by an
agent or employee
of the public park; and
Whereas, any legal liability of public parks emanating from
injury, loss or damage not caused by an agent or employee could
shift the monetary burden from a private person or organization to
the public park and the public at large; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on the Judiciary is hereby requested
to study
the need
to limit the liability of the section of Parks
and Recreation of the Division of Natural Resources and state park
foundations, 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; and, be it
Further Resolved, That the Joint Committee on the Judiciary
report to the regular session of the Legislature in 2011 on its
findings, conclusions and recommendations, together with drafts of
any legislation necessary to effectuate its recommendations; and,
be it
Further Resolved, That expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on the
Judiciary.
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