Senate broadens recreational-use liability protections for private landowners, excluding willful or malicious acts

The Senate approved Senate Bill 180 on third reading after debate and adoption of an amendment clarifying that the landowner liability protections do not apply to willful or malicious acts.

Senator Hemmert, sponsor on the floor, said the bill builds on an existing statutory framework that encourages private landowners to open property for recreational use by limiting liability when no fee is charged. He described the change as a clarification and expansion intended to reduce landowners’ fear of suits and “further encourage people to let people recreate on their land without the risk…of being sued.”

Senator Iwamoto raised concerns about conditions landowners know to be dangerous and whether the bill changes obligations to warn or guard against hazards; Senator Hemmert said those issues are governed by existing statute and that the amendment (Amendment 2) explicitly preserves exceptions for malicious or willful conduct.

Senator Weiler asked for a concrete hypothetical about how the bill changes existing law; Hemmert explained the bill broadens the definition of liability limitation to include injuries “directly or indirectly associated with participating in activity,” but retained statutory exceptions. After debate and amendment, the Senate passed SB180 on a roll call recorded in the transcript as 23 yeas, 4 nays, 2 absent; the bill will be sent to the House for consideration.

What’s next: With amendment clarifying the malicious/willful exception, the bill heads to the House. Sponsors suggested the change should encourage private recreational access while signaling its limits.