Bill Text: CA SB1072 | 2013-2014 | Regular Session | Chaptered

California Senate Bill 1072 (Prior Session Legislation)

Bill Title: Real property: duty of care: recreational purposes: aviation activities.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2014-06-25 - Chaptered by Secretary of State. Chapter 52, Statutes of 2014. [SB1072 Detail]

Download: California-2013-SB1072-Chaptered.html

BILL NUMBER: SB 1072	CHAPTERED
	BILL TEXT

	CHAPTER  52
	FILED WITH SECRETARY OF STATE  JUNE 25, 2014
	APPROVED BY GOVERNOR  JUNE 25, 2014
	PASSED THE SENATE  MAY 1, 2014
	PASSED THE ASSEMBLY  JUNE 16, 2014
	AMENDED IN SENATE  APRIL 29, 2014

INTRODUCED BY   Senator Fuller

                        FEBRUARY 19, 2014

   An act to amend Section 846 of the Civil Code, relating to real
property.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1072, Fuller. Real property: duty of care: recreational
purposes: aviation activities.
   Existing law provides that an owner of any estate or interest in
real property owes no duty of care to keep the premises safe for
entry or use by others for any recreational purpose or to give any
warning of hazardous conditions, uses of, structures, or activities
on those premises to persons entering for a recreational purpose,
with certain exceptions. Existing law defines "recreational purpose"
for purposes of this law to mean certain activities, including among
others, hang gliding.
   This bill would expand the definition of "recreational purpose" to
include private noncommercial aviation activities.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 846 of the Civil Code is amended to read:
   846.  An owner of any estate or any other interest in real
property, whether possessory or nonpossessory, owes no duty of care
to keep the premises safe for entry or use by others for any
recreational purpose or to give any warning of hazardous conditions,
uses of, structures, or activities on those premises to persons
entering for a recreational purpose, except as provided in this
section.
   A "recreational purpose," as used in this section, includes
activities such as fishing, hunting, camping, water sports, hiking,
spelunking, sport parachuting, riding, including animal riding,
snowmobiling, and all other types of vehicular riding, rock
collecting, sightseeing, picnicking, nature study, nature contacting,
recreational gardening, gleaning, hang gliding, private
noncommercial aviation activities, winter sports, and viewing or
enjoying historical, archaeological, scenic, natural, or scientific
sites.
   An owner of any estate or any other interest in real property,
whether possessory or nonpossessory, who gives permission to another
for entry or use for the above purpose upon the premises does not
thereby (a) extend any assurance that the premises are safe for that
purpose, or (b) constitute the person to whom permission has been
granted the legal status of an invitee or licensee to whom a duty of
care is owed, or (c) assume responsibility for or incur liability for
any injury to person or property caused by any act of the person to
whom permission has been granted except as provided in this section.
   This section does not limit the liability which otherwise exists
(a) for willful or malicious failure to guard or warn against a
dangerous condition, use, structure or activity; or (b) for injury
suffered in any case where permission to enter for the above purpose
was granted for a consideration other than the consideration, if any,
paid to said landowner by the state, or where consideration has been
received from others for the same purpose; or (c) to any persons who
are expressly invited rather than merely permitted to come upon the
premises by the landowner.
   Nothing in this section creates a duty of care or ground of
liability for injury to person or property.