REFORM RECREATIONAL USE STATUTE.

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View NCGA Bill Details2013-2014 Session
House Bill 756 (Public) Filed Wednesday, April 10, 2013
AN ACT TO IMPROVE THE NORTH CAROLINA RECREATIONAL USE STATUTE BY CLARIFYING THAT EQUINE RECREATION WHERE THE LANDOWNER RECEIVES NO COMPENSATION IS SUBJECT TO THE RECREATIONAL USE STATUTE AND NOT THE EQUINE ACTIVITY LIABILITY STATUTE, BY CLARIFYING THAT CONTRACTUAL RELEASES ARE NOT ABROGATED OR INVALIDATED BY THE RECREATIONAL USE STATUTE, AND BY ALLOWING A CHARGE FOR ACTIVITIES SUBJECT TO THE RECREATIONAL USE STATUTE WHEN THE CHARGE IS IMPOSED BY CERTAIN ACTIVITY SPONSORS AND NOT THE LANDOWNER.
Intro. by McGrady, Whitmire, Faircloth, Harrison.

Status: Ref To Com On Judiciary I (Senate Action) (Apr 29 2013)

SOG comments (1):

Long title change.

Submitted by Michael.Smallwo... on

House committee susbtitute changes the long title. The original long title was:

A BILL TO BE ENTITLED AN ACT TO IMPROVE THE NORTH CAROLINA RECREATIONAL USE STATUTE BY CLARIFYING THAT NONCOMMERCIAL EQUINE RECREATIONAL ACTIVITIES FOR WHICH THE LANDOWNER RECEIVES NO COMPENSATION ARE SUBJECT TO THE RECREATIONAL USE STATUTE AND NOT THE EQUINE ACTIVITY LIABILITY STATUTE; BY CLARIFYING THAT CONTRACTUAL RELEASES ARE NOT ABROGATED OR INVALIDATED BY THE RECREATIONAL USE STATUTE; BY ALLOWING A CHARGE FOR ACTIVITIES SUBJECT TO THE RECREATIONAL USE STATUTE WHEN THE CHARGE IS IMPOSED BY CERTAIN ACTIVITY SPONSORS AND NOT THE LANDOWNER; AND BY PROVIDING FOR AN AWARD OF ATTORNEYS' FEES TO A PREVAILING LANDOWNER IN ACTIONS RELATED TO EDUCATIONAL OR RECREATIONAL USES OF THE LANDOWNER'S PROPERTY

Bill History:

H 756

Bill Summaries:

  • Bill H 756 (2013-2014)
    Summary date: Apr 24 2013 - View Summary

    House committee substitute makes the following changes to the 1st edition.

    Changes the long title.

    Amends GS 99E-1(5a) to apply equine recreation to all use, not just the commercial use, of a landowner's property.

    Makes a technical change to GS 99E-4.

    Deletes proposed GS 38A-5, Attorney's fees for prevailing defendants, from the act.

    Civil Law, Property and Housing
    GS 38A, GS 99E
  • Bill H 756 (2013-2014)
    Summary date: Apr 11 2013 - View Summary

    Amends GS 38A-2 to include in the term "recreational purpose" activities undertaken for sport, including equestrian recreation.

    Amends the definitions in GS 99E-1 as follows. Adds to equine activity to exclude actions to preserve, maintain, or regulate the use of land for equestrian recreation. Amends equine activity sponsor to exclude a landowner who allows equine recreation activities on the property. Adds a definition for equine recreation.

    Enacts new GS 99E-4 making the liability of a landowner for injury or death associated with participation in equine recreation activities subject to the limitations in GS 38-4. Amends GS 38-4 (limitation of liability) to provide that nothing in the statute is to be construed to conflict with or render ineffectual a liability release, indemnification, assumption, or acknowledgment of risk agreement between the landowner and a person who uses the land for education or recreational purposes. Amends GS 99E-2 (liability) to provide that nothing in the statute is to be construed to conflict with or render ineffectual a liability release, indemnification, assumption, or acknowledgment of risk agreement between an equine activity sponsor or an equine professional and a participant.

    Amends GS 38A-3 to provide that for purposes of GS Chapter 38A (landowner liability), "charge" does not include (1) any contribution in kind, services, or cash contributed by a person, legal entity, nonprofit, or governmental entity other than the owner, whether or not sanctioned or solicited by the owner, the purpose of which is to pay expenses related to the use of land for a recreational or education purpose or (2) dues or fees charged by an individual, group, club, partnership, corporation, or governmental entity sponsoring the educational or recreational use when the sponsor is operating as a nonprofit and the dues or fees are used to pay expenses related to the educational or recreational use or to raise funds to support the sponsor's mission.

    Enacts new GS 38A-5 to require awarding the prevailing defendant attorneys' fees for the successful defense of any civil action brought against a landowner seeking damages for injuries or death caused by use of the landowner's property for educational or recreational purposes.

    Applies to civil actions filed on or after October 1, 2013.

    Civil Law, Property and Housing
    GS 38A, GS 99E
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