00                             HOUSE BILL NO. 32                                                                          
01 "An Act providing civil immunity to recreational vehicle park owners for certain                                        
02 damages; and providing civil immunity from liability related to the inherent risks of                                   
03 camping."                                                                                                               
04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
05    * Section 1. AS 09.65 is amended by adding new sections to read:                                                   
06            Sec. 09.65.360. Immunity for recreational vehicle park owners. The owner                                   
07       of a recreational vehicle park is not liable for civil damages to guest property resulting                        
08       from state or municipal action.                                                                                   
09            Sec. 09.65.370. Immunity related to inherent risks of camping. (a) Except                                  
10 as provided in (b) of this section and AS 23.30, an owner, employee, or officer of a                                    
11 private campground is not liable for civil damages resulting from the inherent risk of                                  
12 camping at a private campground, including the following natural features, conditions,                                  
13       and activities that may pose a danger or hazard:                                                                  
14                 (1)  trees, tree stumps, naturally occurring infectious agents, roots,                                  

01       brush, rocks, mud, sand, soil, and standing and moving water;                                                     
02                 (2)  uneven and unpredictable terrain;                                                                  
03                 (3)  natural bodies of water and accessories facilitating the use of                                    
04       natural bodies of water, including piers, docks, equipment related to swimming and                                
05       aquatic sports, and recreational facilities or areas;                                                             
06                 (4)  lighting or lack of lighting at campsites;                                                         
07                 (5)  campfires in or outside a fire pit or enclosure provided by the                                    
08       private campground or a bonfire, grass or brush fire, wildfire, or forest fire;                                   
09                 (6)  weather and weather-related events;                                                                
10                 (7)  presence of wild animals;                                                                          
11 (8)  presence of domestic animals belonging to a private campground                                                     
12 guest, unless the owner, an employee, or an officer of the private campground has                                       
13       accepted responsibility for care of the animal;                                                                   
14 (9)  an action by a private campground guest that violates safety rules                                                 
15       or disregards signs or another method of communicating warnings;                                                  
16 (10)  negligence committed by another guest of the private                                                              
17       campground;                                                                                                       
18 (11)  participation by a private campground guest in an activity that                                                   
19 exceeds the guest's physical limitations or abilities, including climbing, rappelling,                                  
20       caving, mountaineering, or another related activity;                                                              
21 (12)  ignition of fireworks by a guest of the private campground or                                                     
22 offsite entity not authorized by the owner, an employee, or an officer of the private                                   
23       campground; or                                                                                                    
24 (13)  actions of a person who is not a guest of the private campground                                                  
25 and who is not invited by the owner, an employee, or an officer of the private                                          
26       campground.                                                                                                       
27 (b)  The immunity provided under (a) of this section does not apply to damages                                          
28 that, although related to an inherent risk of camping at a private campground, occur as                                 
29       a result of the                                                                                                   
30 (1)  gross negligence, recklessness, or intentional misconduct of the                                                   
31       owner, an employee, or an officer of the private campground; or                                                   

01 (2)  failure to post conspicuous signs, as provided in (c) of this section,                                             
02 warning of a dangerous and inconspicuous condition known by the owner, an                                               
03 employee, or an officer of the private campground to have previously caused injury to                                   
04 a person; a warning sign described in this paragraph must appear in black letters on a                                  
05       white background and in a font not smaller than 72 points.                                                        
06 (c)  Every written contract between a private campground and a private                                                  
07 campground guest and every warning sign posted to warn of a dangerous and                                               
08 inconspicuous condition known by the owner, an employee, or an officer of the private                                   
09 campground to have previously caused injury to a person must contain, in clearly                                        
10       readable print, the following notice:                                                                             
11                                  "WARNING                                                                               
12 Under AS 09.65.370, an owner, employee, or officer of a                                                                 
13 private campground is not liable for an injury to or the death of a                                                     
14 person or damage to property resulting from the inherent risks of                                                       
15            camping."                                                                                                    
16 (d)  In this section, "private campground" means a parcel of land and its                                               
17 appurtenant structures that is owned or operated by a private person and has five or                                    
18 more sites available for use as temporary living quarters for recreational, camping,                                    
19       travel, or seasonal use or as a recreational vehicle park.                                                        
20    * Sec. 2. The uncodified law of the State of Alaska is amended by adding a new section to                          
21 read:                                                                                                                   
22       APPLICABILITY. (a) Nothing in AS 09.65.370, enacted by sec. 1 of this Act,                                        
23 modifies the application of AS 23.30.                                                                                   
24       (b)  This Act applies to a contract between a private campground and a guest of the                               
25 private campground entered into on or after the effective date of this Act.