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2018 SESSION

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SB 371 Parks, local; waterway activities, liability.

Introduced by: A. Benton "Ben" Chafin | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Local parks; waterway activities; liability. Authorizes a locality or park authority to establish, conduct, and regulate a system of boating, canoeing, kayaking, or tubing activities on waterways and to exercise certain related powers. The bill releases from certain civil liability a locality that establishes such a system or a system of hiking, biking, or horseback riding trails, or the owner of any property leased or licensed for such uses, in the absence of gross negligence or willful misconduct. This bill is identical to HB 220.

SUMMARY AS INTRODUCED:

Recreation facilities; regulation of activities; liability of localities. Authorizes a locality to establish, conduct, and regulate public boating, canoeing, kayaking, and tubing activities on property adjacent to public waterways and to set apart for such use any land or buildings owned or leased by it and obtain licenses or permits for such use on land not owned or leased by it.

The bill also exempts such localities, and the owners of property leased or licensed for such use, from liability for injuries to a person or his property on systems of trails for hiking, biking, and horseback riding and from boating, canoeing, kayaking, or tubing activities on property adjacent to public waterways in the absence of gross negligence or willful misconduct. Current law exempts such localities, and the owners of property leased or licensed for such use, from liability only for injuries to a person or property on systems of trails used for all-terrain vehicles or off-road motorcycles in the absence of gross negligence or willful misconduct.