75th OREGON LEGISLATIVE ASSEMBLY--2010 Special Session

                            Enrolled

                         House Bill 3673

Sponsored by COMMITTEE ON RULES

                     CHAPTER ................

                             AN ACT

Relating to landowner liability; creating new provisions;
  amending ORS 105.672 and 105.688; and declaring an emergency.

Be It Enacted by the People of the State of Oregon:

  SECTION 1. ORS 105.672 is amended to read:
  105.672. As used in ORS 105.672 to 105.696:
  (1) 'Charge':
  (a) Means the admission price or fee requested or expected by
an owner in return for granting permission for a person to enter
or go upon the owner's land.
  (b) Does not mean any amount received from a public body in
return for granting permission for the public to enter or go upon
the owner's land.
   { +  (c) Does not include the fee for a winter recreation
parking permit or any other parking fee of $15 or less per
day. + }
  (2) 'Harvest' has that meaning given in ORS 164.813.
  (3) 'Land' includes all real property, whether publicly or
privately owned.
  (4) 'Owner' means the possessor of any interest in any land,
such as the holder of a fee title, a tenant, a lessee, an
occupant, the holder of an easement, the holder of a right of way
or a person in possession of the land.
  (5) 'Recreational purposes' includes, but is not limited to,
outdoor activities such as hunting, fishing, swimming, boating,
camping, picnicking, hiking, nature study, outdoor educational
activities, waterskiing, winter sports, viewing or enjoying
historical, archaeological, scenic or scientific sites or
volunteering for any public purpose project.
  (6) 'Special forest products' has that meaning given in ORS
164.813.
  (7) 'Woodcutting' means the cutting or removal of wood from
land by an individual who has obtained permission from the owner
of the land to cut or remove wood.
  SECTION 2. ORS 105.688 is amended to read:
  105.688. (1) Except as specifically provided in ORS 105.672 to
105.696, the immunities provided by ORS 105.682 apply to:
  (a) All land, including but not limited to land adjacent or
contiguous to any bodies of water, watercourses or the ocean
shore as defined by ORS 390.605;
  (b) All roads, bodies of water, watercourses, rights of way,
buildings, fixtures and structures on the land described in
paragraph (a) of this subsection;

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  (c) All paths, trails, roads, watercourses and other rights of
way while being used by a person to reach land for recreational
purposes, gardening, woodcutting or the harvest of special forest
products, that are on land adjacent to the land that the person
intends to use for recreational purposes, gardening, woodcutting
or the harvest of special forest products, and that have not been
improved, designed or maintained for the specific purpose of
providing access for recreational purposes, gardening,
woodcutting or the harvest of special forest products; and
  (d) All machinery or equipment on the land described in
paragraph (a) of this subsection.
  (2) The immunities provided by ORS 105.682   { - for
recreational purposes and for the harvest of special forest
products - }  apply  { + to land + }   { - only - }  if
 { - : - }
    { - (a) - }  the owner transfers an easement to a public body
to use the land  { - ; or - }  { + . + }
    { - (b) The owner makes no charge for permission to use the
land. - }
   { +  (3) Except as provided in subsections (4) to (7) of this
section, the immunities provided by ORS 105.682 do not apply if
the owner makes any charge for permission to use the land for
recreational purposes, gardening, woodcutting or the harvest of
special forest products. + }
    { - (3) The immunities provided by ORS 105.682 for gardening
apply only if the owner charges no more than $25 per year for the
use of the land for gardening. - }
    { - (4) The immunities provided by ORS 105.682 for
woodcutting apply only if the owner charges no more than $75 per
cord for permission to use the land for woodcutting. - }
   { +  (4) If the owner charges for permission to use the
owner's land for one or more specific recreational purposes and
the owner provides notice in the manner provided by subsection
(8) of this section, the immunities provided by ORS 105.682 apply
to any use of the land other than the activities for which the
charge is imposed. If the owner charges for permission to use a
specified part of the owner's land for recreational purposes and
the owner provides notice in the manner provided by subsection
(8) of this section, the immunities provided by ORS 105.682 apply
to the remainder of the owner's land.
  (5) The immunities provided by ORS 105.682 for gardening do not
apply if the owner charges more than $25 per year for the use of
the land for gardening. If the owner charges more than $25 per
year for the use of the land for gardening, the immunities
provided by ORS 105.682 apply to any use of the land other than
gardening. If the owner charges more than $25 per year for
permission to use a specific part of the owner's land for
gardening and the owner provides notice in the manner provided by
subsection (8) of this section, the immunities provided by ORS
105.682 apply to the remainder of the owner's land.
  (6) The immunities provided by ORS 105.682 for woodcutting do
not apply if the owner charges more than $75 per cord for
permission to use the land for woodcutting. If the owner charges
more than $75 per cord for the use of the land for woodcutting,
the immunities provided by ORS 105.682 apply to any use of the
land other than woodcutting. If the owner charges more than $75
per cord for permission to use a specific part of the owner's
land for woodcutting and the owner provides notice in the manner
provided by subsection (8) of this section, the immunities

Enrolled House Bill 3673 (HB 3673-A)                       Page 2

provided by ORS 105.682 apply to the remainder of the owner's
land.
  (7) The immunities provided by ORS 105.682 for the harvest of
special forest products do not apply if the owner makes any
charge for permission to use the land for the harvest of special
forest products. If the owner charges for permission to use the
owner's land for the harvest of special forest products, the
immunities provided by ORS 105.682 apply to any use of the land
other than the harvest of special forest products. If the owner
charges for permission to use a specific part of the owner's land
for harvesting special forest products and the owner provides
notice in the manner provided by subsection (8) of this section,
the immunities provided by ORS 105.682 apply to the remainder of
the owner's land.
  (8) Notices under subsections (4) to (7) of this section may be
given by posting, as part of a receipt, or by such other means as
may be reasonably calculated to apprise a person of:
  (a) The limited uses of the land for which the charge is made,
and the immunities provided under ORS 105.682 for other uses of
the land; or
  (b) The portion of the land the use of which is subject to the
charge, and the immunities provided under ORS 105.682 for the
remainder of the land. + }
  SECTION 3.  { + The amendments to ORS 105.672 and 105.688 by
sections 1 and 2 of this 2010 Act apply only to causes of action
that arise on or after the effective date of this 2010 Act. + }
  SECTION 4.  { + This 2010 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2010 Act takes effect on its
passage. + }
                         ----------

Passed by House February 17, 2010

      ...........................................................
                                             Chief Clerk of House

      ...........................................................
                                                 Speaker of House

Passed by Senate February 20, 2010

      ...........................................................
                                              President of Senate

Enrolled House Bill 3673 (HB 3673-A)                       Page 3

Received by Governor:

......M.,............., 2010

Approved:

......M.,............., 2010

      ...........................................................
                                                         Governor

Filed in Office of Secretary of State:

......M.,............., 2010

      ...........................................................
                                               Secretary of State

Enrolled House Bill 3673 (HB 3673-A)                       Page 4