Text: SF02026 Text: SF02028 Text: SF02000 - SF02099 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. NEW SECTION. 481A.88 HUNTING WITHOUT WRITTEN
1 2 PERMISSION PROHIBITED – LIABILITY LIMITED – PENALTY.
1 3 1. A person shall not enter upon land for the purpose of
1 4 hunting without obtaining written permission of the owner,
1 5 lessee, or person in lawful possession of the land.
1 6 2. The liability of an owner, lessee, or other holder of
1 7 land who grants written permission to another person to hunt
1 8 on the land is limited as provided in chapter 461C.
1 9 3. A person who enters upon land for the purpose of
1 10 hunting without obtaining written permission commits a simple
1 11 misdemeanor.
1 12 EXPLANATION
1 13 This bill provides that it is unlawful for a person to hunt
1 14 on another person's land without the written permission of the
1 15 person who owns, leases, or otherwise possesses the land.
1 16 The bill also provides that the liability of an owner,
1 17 lessee, or other holder of land who grants written permission
1 18 to another person to hunt on the land is limited as provided
1 19 in chapter 461C. The limitations are substantially as
1 20 follows:
1 21 1. An owner of land giving written permission owes no duty
1 22 of care to keep the premises safe for entry or use for
1 23 hunting, or to give any warning of a dangerous condition, use,
1 24 structure, or activity. However, an owner of land giving
1 25 written permission may be liable if the failure to guard or
1 26 warn against a dangerous condition, use, structure, or
1 27 activity is willful or malicious, or for an injury suffered
1 28 when a fee or charge is collected for entry on the land.
1 29 2. A holder of land who gives written permission to hunt
1 30 on land without charge or fee does not extend any assurance
1 31 that the premises are safe, confer upon the person the legal
1 32 status of an invitee or licensee to whom care is owed, or
1 33 assume responsibility for or incur liability for any injury to
1 34 a person or property caused by an act or omission of the
1 35 person. However, a holder of land may be liable if there is
2 1 willful or malicious failure to guard or warn against a
2 2 dangerous condition, use, structure, or activity.
2 3 A person who violates the provisions of the bill commits a
2 4 simple misdemeanor which is punishable by imprisonment for not
2 5 more than 30 days or a fine of at least $50 but not more than
2 6 $100.
2 7 LSB 3394XS 77
2 8 tj/sc/14
Text: SF02026 Text: SF02028 Text: SF02000 - SF02099 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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