Second Regular Session
              Sixty-fifth General Assembly
                    STATE OF COLORADO
                                                 INTRODUCED
                                                           
                                                           
 LLS NO. 06-0074.01 Bart Miller          HOUSE BILL 06-1049
                    HOUSE SPONSORSHIP
 Witwer,
 
                   SENATE SPONSORSHIP
 Grossman,
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 House Committees
 Senate Committees
 
 
 Agriculture, Livestock, & Natural Resources
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                         A BILL FOR AN ACT
       Concerning limitations on liability for owners of abandoned
            mining operations on land made available for public
            recreational purposes.
       
       
                           Bill Summary
       
            (Note:  This summary applies to this bill as introduced and does
       not necessarily reflect any amendments that may be subsequently
       adopted.)
       
            In the statutes governing landowner liability toward persons using
       land made available for public recreational purposes, specifies that the
       definition of "land" and the exception to liability for maintaining an
       attractive nuisance include land subject to mining operations under
       federal or state law that were abandoned or left in inadequate reclamation
       status prior to certain dates.
       
       
       
       Be it enacted by the General Assembly of the State of Colorado:
            SECTION 1.  33-41-103 (2) (e) (II), Colorado Revised Statutes,
       is amended to read:
            33-41-103.  Limitation on landowner's liability.  (2) (e)  For
       purposes of this subsection (2) only, unless the context otherwise
       requires:
            (II)  "Land" means real property, or a body of water and the real
       property appurtenant thereto, or real property that was subject to
       mining operations under state or federal law and that has been
       abandoned or left in an inadequate reclamation status prior to
       August 3, 1977, for coal mining operations, or July 1, 1976, for
       hard rock mining operations, which is leased to a public entity or for
       which an easement or other right is granted to a public entity for
       recreational purposes "Land", as used in this subsection (2), does not
       include real property, buildings, or portions thereof which are not the
       subject of a lease, easement, or other right of use granted to a public
       entity or for which the landowner has acquiesced to public use of
       existing trails that have historically been used by the public
       for recreational purposes.
            SECTION 2.  33-41-104 (1) (c), Colorado Revised Statutes, is
       amended to read:
            33-41-104.  When liability is not limited.  (1)  Nothing in this
       article limits in any way any liability which would otherwise exist:
            (c)  For maintaining an attractive nuisance; except that, if the
       property used for public recreational purposes contains mining
       operations that were abandoned or left in an inadequate
       reclamation status as provided in section 33-41-103 (2) (e) (II) or
       was constructed or is used for or in connection with the diversion,
       storage, conveyance, or use of water, the property and the water or
       abandoned mining operations within such property shall not constitute
       an attractive nuisance;
            SECTION 3.  Effective date - applicability.  This act shall take
       effect upon passage and shall apply to acts occurring on or after said date.
            SECTION 4.  Safety clause.  The general assembly hereby finds,
       determines, and declares that this act is necessary for the immediate
       preservation of the public peace, health, and safety.