SCS HB 1097 -- TRESPASS

This bill allows governmental entities to sue for treble damages
resulting from a defendant who trespasses onto government-owned
property and damages any plants or minerals there.  The bill
clarifies that this is a strict liability tort.

The bill also codifies the common law that property owners have
no duty of care to trespassers when those trespassers enter the
property from an adjoining body of water.

HB 1097 -- TRESPASS (Hosmer)

Under current law, a person is liable for treble the value of
any tree, timber, rails, or wood the person cuts down, injures,
destroys, or carries off another person's land.  This bill adds
the requirement that such act be done negligently or
intentionally before liability attaches.

FISCAL NOTE:  No impact on state funds.

HB 1097 -- TRESPASS

SPONSOR:  Hosmer

COMMITTEE ACTION:  Voted "do pass by consent" by the Committee
on Civil and Administrative Law by a vote of 16 to 0.

Under current law, a person is liable for treble the value of
any tree, timber, rails, or wood the person cuts down, injures,
destroys, or carries off another person's land.  This bill adds
the requirement that such act be done negligently or
intentionally before liability attaches.

FISCAL NOTE:  No impact on state funds.

PROPONENTS:  Supporters say that this change is needed to
clarify the level of culpability required, because negligence or
intent does not appear in the statute.  Courts can interpret the
current law to impose strict liability.

Testifying for the bill was Representative Hosmer.

OPPONENTS:  There was no opposition voiced to the committee.

Richard Smreker, Legislative Analyst

HB 1097 -- Trespass

Sponsor:  Hosmer

Under current law, a person is liable for treble the value of
any tree, timber, rails, or wood the person cuts down, injures,
destroys, or carries off another person's land.  This bill adds
the requirement that such act be done negligently or
intentionally before liability attaches.