SB17-100 Summary

• Provides qualified immunity from civil liability to volunteers and nonprofit organizations performing land stewardship activities (trail design, construction, maintenance, operation) on public lands funded through grants.

• Volunteers are immune from liability unless damage or injury results from gross negligence or willful and wanton acts; nonprofit organizations and officers/directors are immune unless willful and wanton acts caused the injury.

• Prohibits grant agreements from requiring volunteers or nonprofits to purchase completed operations liability coverage or from differentiating between construction and maintenance for liability purposes.

• Limits immunity for vehicle operation to situations where operation is an integral part of and physically proximate to the land stewardship activity; plaintiffs may recover damages up to applicable insurance limits for negligent vehicle operation.

• Takes effect August 9, 2017, unless a referendum petition is filed, in which case voter approval at the November 2018 general election is required.