HB287 By Representatives Sells, McMillan, Shiver, Ingram, Polizos, Johnson (K) and Henry RFD Public Safety and Homeland Security Rd 1 24-FEB-16

SYNOPSIS: Owners of outdoor recreational land have limited liability for allowing noncommercial open recreational use of the land.

This bill would further define the term "aerial sports" within the term "recreational use or recreational purpose" of outdoor recreational land.

A BILL TO BE ENTITLED AN ACT

To amend Section 35-15-21, Code of Alabama 1975, relating to the definition of "recreational use or recreational purpose" for purposes of limiting liability for landowners allowing public recreational use of land; to further define aerial sports as it relates to recreational use or recreational purpose.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:Section 1. Section 35-15-21, Code of Alabama 1975, is amended to read as follows:

§35-15-21.

"Unless the context thereof clearly indicates to the contrary, as used in this article the following terms shall have the following meanings:

"(1) OWNER. Any public or private organization of any character, including a partnership, corporation, association, any individual, or any federal, State or local political subdivision or any agency of any of the foregoing having a legal right of possession of outdoor recreational land. For the purpose of this article, an employee or agent of the owner, but not an independent contractor while conducting activities upon the outdoor recreational land, is deemed to be an owner.

"(2) OUTDOOR RECREATIONAL LAND. Land and water, as well as buildings, structures, machinery and other such appurtenances used for or susceptible of recreational use.

"(3) RECREATIONAL USE or RECREATIONAL PURPOSE. Participation in or viewing of activities including, but not limited to, hunting, fishing, water sports, aerial sports which shall include, but not limited to, aviation activities, hiking, camping, picnicking, winter sports, animal or vehicular riding, or visiting, viewing or enjoying historical, archeological, scenic or scientific sites, and any related activity.

"(4) PERSON. Any individual, regardless of age, maturity, or experience.

"(5) COMMERCIAL RECREATIONAL USE. Any use of land for the purpose of receiving consideration for opening such land to recreational use where such use or activity is profit-motivated. Consideration does not include any benefits provided by law in accordance with this article, any other state or federal law, or in the form of good will for permitting recreational use as stated in this article; nor does consideration include a charge by the landowner for maintenance fees where the primary use of the land is for other than public recreational purposes."

Section 2. This act shall become effective immediately following its passage and approval by the Governor, or its otherwise becoming law.

Land Use, Recreational

Limited Liability

Aerial Sports

Code Amended