Washington 2023-2024 Regular Session Status: Enacted Bipartisan · 3 R · 1 D cosponsors

SB 5145 — Clarifying existing law regarding liability protections associated with public recreational use of lands or waters under a hydroelectric license issued by the federal energy regulatory commission.

Last action — Effective date 7/23/2023.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 04, 2023. Enacted.

Prognosis

Likely to advance 94% · high confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 4 sponsors

    1 primary, 3 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (3 R · 1 D) — cross-party backing.

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

64 added · 66 removed

Plain-language change summary

The recent amendment to SB 5145 focuses on improving definitions and clarity around liability protections for landowners who allow public access for outdoor recreation. The key change includes specifying the activities that fall under "outdoor recreation," making it clearer what landowners can permit without fear of legal repercussions. This matters because it encourages landowners to open their properties for public use, enhancing recreational opportunities while ensuring they are protected from lawsuits.

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S-1507.2 SUBSTITUTE SENATE BILL 5145 State of Washington 68th Legislature 2023 Regular Session By Senate Law & Justice (originally sponsored by Senators Short, Salomon, McCune, and Warnick) READ FIRST TIME 02/17/23.
S-0182.1 SENATE BILL 5145 State of Washington 68th Legislature 2023 Regular Session By Senators Short, Salomon, McCune, and Warnick Prefiled 01/04/23.
Read first time 01/09/23.
Referred to Committee on Law & Justice.
amending RCW 4.24.210;
and amending RCW 4.24.210.
and creating a new section.
(1) Except as otherwise provided in subsection (3) or (4) of this section, any public or private landowners, hydroelectric project owners, or others in lawful possession and control of any lands whether designated resource, rural, or urban, or water areas or channels and lands adjacent to such areas or channels, who allow members of the public to use them for the purposes of outdoor recreation, which term includes, but is not limited to, the cutting, gathering, and removing of firewood by private persons for their personal use without purchasing the firewood from the landowner, hunting, fishing, camping, picnicking, swimming, hiking, bicycling, skateboarding or other nonmotorized wheel-based activities, aviation activities including, but not limited to, the operation of airplanes, ultra-light airplanes, hang gliders, parachutes, and paragliders, p.
(1) Except as otherwise provided in subsection (3) or (4) of this section, any public or private landowners, hydroelectric project owners, or others in lawful possession and control of any lands whether designated resource, rural, or urban, or water areas or channels and lands adjacent to such areas or channels, who allow members of the public to use them for the purposes of outdoor recreation, which term includes, but is not limited to, the cutting, gathering, and removing of firewood by private persons for their personal use without purchasing the firewood from the landowner, hunting, fishing, camping, picnicking, swimming, hiking, bicycling, skateboarding or other nonmotorized wheel-based activities, aviation activities including, but not limited to, the operation of airplanes, ultra-light airplanes, hang gliders, parachutes, and paragliders, rock climbing, the riding of horses or other animals, clam digging, p.
1 SSB 5145 rock climbing, the riding of horses or other animals, clam digging, pleasure driving of off-road vehicles, snowmobiles, and other vehicles, boating, kayaking, canoeing, rafting, nature study, winter or water sports, viewing or enjoying historical, archaeological, scenic, or scientific sites, without charging a fee of any kind therefor, shall not be liable for unintentional injuries to such users.
1 SB 5145 pleasure driving of off-road vehicles, snowmobiles, and other vehicles, boating, kayaking, canoeing, rafting, nature study, winter or water sports, viewing or enjoying historical, archaeological, scenic, or scientific sites, without charging a fee of any kind therefor, shall not be liable for unintentional injuries to such users.
(ii) Releasing water or flows and making waterways or channels available for boating, swimming, fishing, kayaking, canoeing, or rafting purposes pursuant to and in substantial compliance with a hydroelectric license issued by the federal energy regulatory commission, and making adjacent lands available for purposes of allowing viewing of such activities, does not create a known dangerous artificial latent condition and hydroelectric project owners under subsection (1) of this section shall not be liable for unintentional injuries to the recreational users and observers resulting from such releases and activities.
(ii) Releasing water or flows and making waterways or channels available for kayaking, canoeing, ((or)) rafting, boating, or other water access purposes within minimum and maximum water levels pursuant to and in substantial compliance with a hydroelectric license issued by the federal energy regulatory commission, and making adjacent lands available for purposes of allowing viewing of such activities, does not create a known dangerous artificial latent condition and hydroelectric project owners under subsection (1) of this section shall not be liable for unintentional injuries to the recreational users and observers resulting from such releases and activities.
2 SSB 5145 (c) Usage by members of the public, volunteer groups, or other users is permissive and does not support any claim of adverse possession.
2 SB 5145 (c) Usage by members of the public, volunteer groups, or other users is permissive and does not support any claim of adverse possession.
NEW SECTION.
Sec.
2.
This act does not apply to any action filed prior to the effective date of this section.
3 SSB 5145
3 SB 5145
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Action History

  1. Effective date 7/23/2023.

  2. Chapter 183, 2023 Laws.

  3. Governor signed.

  4. Delivered to Governor.

  5. Speaker signed.

  6. President signed.

  7. Third reading, passed; yeas, 97; nays, 0; absent, 0; excused, 1.

  8. Rules suspended. Placed on Third Reading.

  9. Rules Committee relieved of further consideration. Placed on second reading.

  10. Referred to Rules 2 Review.

  11. CRJ - Majority; do pass.

  12. Executive action taken in the House Committee on Civil Rights & Judiciary at 10:30 AM.

  13. Public hearing in the House Committee on Civil Rights & Judiciary at 8:00 AM.

  14. First reading, referred to Civil Rights & Judiciary.

  15. Third reading, passed; yeas, 48; nays, 0; absent, 0; excused, 1.

  16. Rules suspended. Placed on Third Reading.

  17. 1st substitute bill substituted (LAW 23).

  18. Placed on second reading by Rules Committee.

  19. Passed to Rules Committee for second reading.

  20. LAW - Majority; 1st substitute bill be substituted, do pass.

  21. Executive action taken in the Senate Committee on Law & Justice at 8:00 AM.

  22. Public hearing in the Senate Committee on Law & Justice at 10:30 AM.

  23. First reading, referred to Law & Justice.

  24. Prefiled for introduction.

Sponsors

Sponsorship breakdown

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1 sponsors · 3 co-sponsors · 147 not signed on

Sponsors (1)

Co-sponsors (3)

Not signed on (147)

147 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

3rd Reading & Final Passage (#16)

Passed 97 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 30000
Democrat 56001
Unaffiliated 11000
Total 97001
% of votes cast 99%0%0%1%
How each member voted (98)
Member Party Vote
Chambers — Yea
Chandler — Yea
Cheney — Yea
Chopp — Yea
Hutchins — Yea
Kretz — Yea
Maycumber — Yea
Mosbrucker — Yea
Robertson — Yea
Sandlin — Yea
Wilcox — Yea
Alex Ramel Democrat Yea
Alicia Rule Democrat Yea
Amy Walen Democrat Yea
April Berg Democrat Yea
Beth Doglio Democrat Yea
Bill Ramos Democrat Yea
Brandy Donaghy Democrat Yea
Chipalo Street Democrat Yea
Chris Stearns Democrat Yea
Cindy Ryu Democrat Yea
Clyde Shavers Democrat Yea
Dan Bronoske Democrat Yea
Darya Farivar Democrat Yea
Dave Paul Democrat Yea
David Hackney Democrat Yea
Davina Duerr Democrat Yea
Debra Entenman Democrat Yea
Debra Lekanoff Democrat Yea
Drew Hansen Democrat Yea
Emily Alvarado Democrat Yea
Gerry Pollet Democrat Yea
Jake Fey Democrat Yea
Jamila Taylor Democrat Yea
Jessica Bateman Democrat Yea
Joe Fitzgibbon Democrat Yea
Joe Timmons Democrat Yea
Julia Reed Democrat Yea
Julio Cortes Democrat Yea
Kristine Reeves Democrat Yea
Larry Springer Democrat Yea
Lauren Davis Democrat Yea
Laurie Jinkins Democrat Yea
Lillian Ortiz-Self Democrat Not Voting
Lisa Callan Democrat Yea
Liz Berry Democrat Yea
Marcus Riccelli Democrat Yea
Mari Leavitt Democrat Yea
Mary Fosse Democrat Yea
Melanie Morgan Democrat Yea
Mia Gregerson Democrat Yea
Mike Chapman Democrat Yea
Monica Jurado Stonier Democrat Yea
My-Linh Thai Democrat Yea
Nicole Macri Democrat Yea
Roger Goodman Democrat Yea
Sharlett Mena Democrat Yea
Sharon Tomiko Santos Democrat Yea
Sharon Wylie Democrat Yea
Shelley Kloba Democrat Yea
Steve Bergquist Democrat Yea
Steve Tharinger Democrat Yea
Strom Peterson Democrat Yea
Tana Senn Democrat Yea
Tarra Simmons Democrat Yea
Timm Ormsby Democrat Yea
Tina Orwall Democrat Yea
Vandana Slatter Democrat Yea
Alex Ybarra Republican Yea
Andrew Barkis Republican Yea
April Connors Republican Yea
Carolyn Eslick Republican Yea
Chris Corry Republican Yea
Cyndy Jacobsen Republican Yea
Dan Griffey Republican Yea
Drew Stokesbary Republican Yea
Ed Orcutt Republican Yea
Jenny Graham Republican Yea
Jim Walsh Republican Yea
Joe Schmick Republican Yea
Joel McEntire Republican Yea
Keith Goehner Republican Yea
Kevin Waters Republican Yea
Leonard Christian Republican Yea
Mark Klicker Republican Yea
Mary Dye Republican Yea
Michelle Valdez Republican Yea
Mike Steele Republican Yea
Mike Volz Republican Yea
Paul Harris Republican Yea
Peter Abbarno Republican Yea
Sam Low Republican Yea
Skyler Rude Republican Yea
Stephanie Barnard Republican Yea
Stephanie McClintock Republican Yea
Suzanne Schmidt Republican Yea
Tom Dent Republican Yea
Travis Couture Republican Yea

Official roll call →

3rd Reading & Final Passage (#8)

Passed 48 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 11000
Republican 16000
Democrat 21001
Total 48001
% of votes cast 98%0%0%2%
How each member voted (49)
Member Party Vote
Billig — Yea
Hawkins — Yea
Keiser — Yea
Kuderer — Yea
Mullet — Yea
Padden — Yea
Randall — Yea
Rivers — Yea
Rolfes — Yea
Van De Wege — Yea
Wilson, L. — Yea
Annette Cleveland Democrat Yea
Bob Hasegawa Democrat Yea
Claire Wilson Democrat Yea
Claudia Kauffman Democrat Not Voting
Derek Stanford Democrat Yea
Jamie Pedersen Democrat Yea
Javier Valdez Democrat Yea
Jesse Salomon Democrat Yea
Joe Nguyen Democrat Yea
John Lovick Democrat Yea
June Robinson Democrat Yea
Lisa Wellman Democrat Yea
Liz Lovelett Democrat Yea
Manka Dhingra Democrat Yea
Marko Liias Democrat Yea
Noel Frame Democrat Yea
Rebecca Saldaña Democrat Yea
Sharon Shewmake Democrat Yea
Steve Conway Democrat Yea
T'wina Nobles Democrat Yea
Victoria Hunt Democrat Yea
Yasmin Trudeau Democrat Yea
Chris Gildon Republican Yea
Curtis King Republican Yea
Drew MacEwen Republican Yea
Jeff Holy Republican Yea
Jeff Wilson Republican Yea
Jim McCune Republican Yea
John Braun Republican Yea
Judy Warnick Republican Yea
Keith Wagoner Republican Yea
Mark Schoesler Republican Yea
Matt Boehnke Republican Yea
Nikki Torres Republican Yea
Perry Dozier Republican Yea
Phil Fortunato Republican Yea
Ron Muzzall Republican Yea
Shelly Short Republican Yea

Official roll call →

Subjects

public-safety environment energy
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Frequently asked questions

Who sponsors SB 5145?
SB 5145 is sponsored by Judy Warnick (Republican), Jim McCune (Republican), Jesse Salomon (Democrat), and Shelly Short (Republican).
What is the current status of SB 5145?
This bill has been enacted into law. Introduced January 04, 2023. Enacted.
Where can I track SB 5145?
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