Idaho 2025 Regular Session

Idaho House Bill H0081

Introduced
1/30/25  
Refer
1/31/25  
Report Pass
2/12/25  
Engrossed
2/18/25  
Refer
2/19/25  
Refer
3/21/25  
Enrolled
3/28/25  
Chaptered
4/1/25  

Caption

Adds to existing law to limit the liability of recreation clubs and their members.

Summary

House Bill 81 creates a new section of Idaho Code to limit the civil liability of recreation clubs and their unpaid members, officers, directors, and volunteers when they coordinate, facilitate, organize, promote, or support recreation activities. The bill is aimed at encouraging the formation of recreation clubs and participation in club-sponsored outdoor and recreational activities by reducing the risk of lawsuits for injuries or deaths that occur during those activities. The bill defines covered “recreation activities” broadly to include many land, air, and water activities such as hunting, fishing, shooting, boating, rafting, camping, hiking, bicycling, snowmobiling, off-highway vehicle use, winter sports, and similar pursuits. It also defines “recreation club” to include unincorporated associations and nonprofit corporations formed for recreation-related purposes. Membership dues and donations are not treated as fees for purposes of the liability limitation.

Impact

The bill would add Section 36-1605 to Title 36 of the Idaho Code and create a broad immunity rule for recreation clubs and club members against claims for injury or death arising from covered recreation activities. It also states that participants assume the inherent risks of those activities and that clubs and members have no duty to eliminate or lessen those risks or make the activity safe. The measure preserves liability in several exceptions, including when defective equipment provided by the club or member directly causes harm, when a club member acts with gross negligence, willful and wanton disregard, or intentional injury, and when liability arises under specified products liability and other existing Idaho Code chapters. The bill also expressly allows participants to waive negligence claims by written consent and declares that such waivers should be enforceable to the same extent as similar waivers for other activities. An emergency clause makes the act effective July 1, 2025, indicating the Legislature intended the protections to take effect immediately at the start of the new fiscal year.

Sentiment

The voting history suggests the bill had substantial support in both chambers, passing the House 59-11, the Senate 35-0, and then the House again 62-8 after Senate amendment. That pattern indicates broad bipartisan approval and little visible opposition at the final stages. The absence of committee transcript material limits insight into debate, but the strong vote margins suggest the measure was generally viewed favorably as a liability-protection and recreation-promotion bill.

Contention

The main policy tension in the bill is between protecting volunteer-led recreation organizations from lawsuits and preserving legal remedies for injured participants. Supporters likely favored the bill because it shields unpaid club members and nonprofit recreation groups from ordinary negligence claims and clarifies risk assumption for participants. Potential concerns would center on the breadth of the immunity, especially the wide definition of recreation activities and the limitation on claims even when clubs coordinate or support the activity, though the bill preserves exceptions for gross negligence, intentional conduct, defective equipment, and certain other statutory liabilities. The final vote totals indicate these concerns did not generate significant opposition in the Legislature.

Companion Bills

No companion bills found.

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