Legislature(2007 - 2008)

2008-04-08 Senate Journal

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2008-04-08                     Senate Journal                      Page 2715
Signing no recommendation: Senators Hoffman, Stedman, Cochairs;                                                                 
Senator Olson. Signing do pass: Senators Elton, Thomas. Signing                                                                 
amend: Senator Dyson.                                                                                                           
                                                                                                                                
The following previously published fiscal information applies:                                                                  
 Fiscal Note No. 1, Department of Health and Social Services                                                                    
 Fiscal Note No. 2, Department of Health and Social Services                                                                    
 Fiscal Note No. 3, Department of Health and Social Services                                                                    
                                                                                                                                
The bill was referred to the Rules Committee.                                                                                   
                                                                                                                                
HB 25                                                                                                                         
The Judiciary Committee considered HOUSE BILL NO. 25 "An Act                                                                    
relating to landowners' immunity for allowing use of land without                                                               
charge for a recreational activity; relating to landowners' liability                                                           
where landowner conduct involves gross negligence or reckless or                                                                
intentional misconduct; relating to claims of adverse possession and                                                            
prescriptive easements, or similar claims; and providing for an                                                                 
effective date" and recommended it be replaced with                                                                             
                                                                                                                                
          SENATE CS FOR HOUSE BILL NO. 25(JUD) "An                                                                              
          Act relating to landowners' immunity for allowing                                                                     
          use of land without charge for a recreational activity;                                                               
          relating to landowners' liability where landowner                                                                     
          conduct involves gross negligence or reckless or                                                                      
          intentional misconduct; relating to claims of adverse                                                                 
          possession and prescriptive easements, or similar                                                                     
          claims; relating to public recreational use easements                                                                 
          to allow use of land for recreational activity and                                                                    
          prohibiting fees for recording those easements; and                                                                   
          providing for an effective date."                                                                                     
          (Title change SCR 27)                                                                                                 
                                                                                                                                
and further recommended the adoption of the following Judiciary                                                                 
Letter of Intent:                                                                                                               
                                                                                                                                
                               Letter of Intent                                                                                
                                                                                                                                
          It is the intent of the legislature that the public be                                                              
          provided with this sample language for drafting                                                                     
          an easement to the public.