WEST virginia Legislature
2016 regular session
Introduced
Senate Bill 34
[Introduced January 13,
2016;
Referred to the Committee on Judiciary.]
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; and to amend said code by adding thereto a new section,
designated §20-5-3a, 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, any
officer or agent of a nonprofit state park of forest foundation 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 §7-11-5a; 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; 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, law-enforcement or homeland-defense 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, law-enforcement or homeland-defense 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: Provided, 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.
§20-5-3a. 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 of Parks and Recreation.
(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 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 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.
§7-11-5a, §8-21-10a and §20-5-3a
are new; therefore, they have been completely underscored.
Strike-throughs indicate language
that would be stricken from a heading or the present law and underscoring
indicates new language that would be added.