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Committee advances bill shielding nonprofit recreation clubs and volunteers from many liability claims
Summary
House Bill 81 would extend limited liability protections to officially organized nonprofit recreation clubs, their unpaid volunteers and officers for injuries during club activities, with specific exceptions.
Representative Charlie Shepherd presented House Bill 81, which would limit liability for officially organized nonprofit recreation clubs and their officers, directors and volunteers for injuries that occur during club activities.
David Clayborn of Sawtooth Law Offices, representing the Idaho Recreation Council and the Idaho State ATV Association, said the bill applies to nonprofit organizations that coordinate recreational activities, using the same definition of “recreation activities” found in Idaho’s recreational-trespass statute (Idaho Code §30-61604 as cited in testimony). The bill would not cover activities where the club charges a participation fee beyond membership dues, and it excludes paid staff from the liability protection.
Clayborn described the bill’s exceptions: immunity would not apply when (1) the club or a member supplied equipment and that equipment’s failure was the direct and proximate cause of injury; (2) there was gross negligence, reckless conduct or intentional injury; or (3) ordinary negligence by an individual remains a basis for liability between participants (for example, if one participant negligently injures another).
David Clayborn and several supporters said waivers alone do not afford consistent protection under Idaho case law, and that a statutory liability limitation offers broader, clearer protection for volunteer-led recreation clubs. Testimony in support included Kate Hawes (a member of a volunteer running club) and organizational representatives. The Idaho Trial Lawyers Association representative testified that the association neither opposed nor supported the bill but requested removal of two sentences on page 2 lines 38–41 that would eliminate certain duties to warn other club members of known hazards.
The committee voted to send House Bill 81 to the House floor with a due-pass recommendation. The transcript records a voice vote; multiple representatives signaled yes, a few were recorded as “no” during the roll call discussion, and the chair announced the bill would be sent to the floor.
