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Presenter urges Klamath County to opt in after change to recreational immunity law
Summary
An insurance representative briefed the board on a state change (referred to as Senate Bill 179) that requires special districts to opt in for expanded recreational or "trail" immunity; the presenter recommended county counsel review and the board agreed to place the issue on a future agenda.
Greg Gilmore, representing Great British Insurance, told the board a recent state action requires special districts to affirmatively opt in to expanded recreational or trail immunity rather than being automatically included.
"I was kinda surprised because I figured we were all opted in," Gilmore said, describing a conversation with CIS legal counsel that led to the conclusion that special districts must opt in as of Jan. 1. He said county legal counsel should review the statutory definitions and recommended the county opt in to the expanded immunity to preserve potential protections for county trails and facilities such as Spence Mountain.
Board members asked whether there was a deadline for opting in; Gilmore said there is not and that documents can be retained in records rather than filed with the state agency. Members requested that county counsel examine the statutes and provide guidance before the board takes formal action.
Gilmore also noted the expansion appears broader than previous recreational immunity and recommended the county move forward once counsel verifies definitions and applicability.
The board did not vote on any opt-in resolution at the meeting; members signaled support for staff to research the issue and bring a draft resolution forward for consideration.
