ENROLLEDSFAHB718 1221 3974 SENATE FLOOR AMENDMENTS Regular Session HOUSEAmendments BILLproposed NO.by Senator Luneau to Engrossed House Bill No.

718 BYby REPRESENTATIVERepresentative BOURRIAQUEBourriaque ANAMENDMENT ACTNO. To enact R.S.

9:2791.2,1 relativeOn topage the3, limitationdelete oflines liability5 applicablethrough to8 aeronauticalin activitiestheir atentirety nonpublicPage use1 airports;of 1

to provide for a limitation of liabilityfor private landownerspermitting the recreationaluseofprivatelandforaeronauticalactivities at nonpublic use airports;

to establish exceptions to this limitation of liability;

to provide for definitions;

and to provide for related matters.

Be it enacted by the Legislature of Louisiana:

Section 1.

R.S.

9:2791.2 is hereby enacted to read as follows:

§2791.2.

Limitation of liabilityfor aeronauticalactivities at nonpublic use airports;

private landowners A.

As used in this Section:

(1) "Aeronautical activities" means the act or practice of the art and science of transportation by aircraft and operations, construction, repair, or maintenance of aircraft, airports, landing fields, landing strips, air navigation of, or flight in, or air instruction.

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HB NO.

718 ENROLLED (2) "Charge" means the admission price or fee required in return for permission to use lands, but does not include the following:

(a) The sharing of game, fish, or other products of recreational use.

(b) Contributions in kind, services,orcashpaidto reduceoroffsetcostsand eliminate losses from recreational use.

(c) Donations made during aeronautical activities at nonpublic use airports.

(3) "Land" means urban or rural land, roads, water, watercourses, airstrips, private ways and buildings, structures, including machinery or equipment when attached to immovable property.

(4) "Malicious"meansanintentional actofmisconductthattheactorknows or should have known is likely to result in harm.

The term shall not include negligent or reckless conduct.

(5) "Nonpublic use airport" means an airport that is primarily used by the owner with access byothers without a charge as permitted by the owner.

(6) "Owner"meansthepossessorofafeeinterest,atenant,lessee,occupant, or person in control of the premises.

(7) "Person" means individuals regardless of age.

(8) "Recreational purpose" includes aeronautical activities at nonpublic use airports.

B.

Except for willful or malicious failure to warn against a dangerous condition, use,structure,oractivity,anownerofanonpublicuseairportshall not be liable for anyloss or damage to anyperson on the owner's propertywhen the loss or damage is related to an emergency landing of an aircraft, except an owner of commercial recreational developments or facilities, who permits with or without charge any person to use his land for recreational purposes as defined in this Subsection.

C.

Unlessotherwiseagreedinwriting,theprovisionsofSubsectionBofthis Section shall be deemed applicable to the duties and liability of an owner of land leased for recreational purposes to the federal government, including any state or political subdivision thereof, or private persons.

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HB NO.

718 ENROLLED D.

Nothing in this Section shall beconstruedto relieveanyperson using the land of another for recreational purposes from anyobligation which he mayhave in the absence of this Section to exercise care in his use of such land and in his activities thereon, or from the legal consequences of failing to employ such care.

SPEAKER OF THE HOUSE OF REPRESENTATIVES PRESIDENT OF THE SENATE GOVERNOR OF THE STATE OF LOUISIANA APPROVED: