Colorado 2022 Regular Session

Colorado Senate Bill SB115 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	Second Regular Session
	2	+	Seventy-third General Assembly
	3	+	STATE OF COLORADO
	4	+	REREVISED
	5	+	This Version Includes All Amendments
	6	+	Adopted in the Second House
	7	+	LLS NO. 22-0234.01 Shelby Ross x4510
1	8		SENATE BILL 22-115
2		-	BY SENATOR(S) Jaquez Lewis and Gardner, Bridges, Buckner, Coleman,
3		-	Coram, Ginal, Gonzales, Hisey, Kirkmeyer, Kolker, Lee, Liston, Lundeen,
4		-	Moreno, Priola, Simpson, Smallwood, Winter, Woodward, Zenzinger;
5		-	also REPRESENTATIVE(S) Soper and Tipper, Bockenfeld, Esgar,
6		-	Roberts.
	9	+	Senate Committees House Committees
	10	+	Judiciary Judiciary
	11	+	A BILL FOR AN ACT
7	12		C
8		-	ONCERNING CLARIFYING CERTAIN TERMS AS THE TERMS RELATE TO A
9		-	LANDOWNER
10		-	'S LIABILITY.
11		-
12		-	Be it enacted by the General Assembly of the State of Colorado:
13		-	SECTION 1. Legislative declaration. (1) The general assembly
14		-	finds and declares that:
15		-	(a) Rocky Mountain Planned Parenthood, Inc. v. Wagner, 2020 CO
16		-	51, 467 P.3d 287 and Wagner v. Planned Parenthood Federation of
17		-	America, Inc., 2019 COA 26, 471 P.3d 1089, are contrary to the stated
18		-	purpose of the landowner liability statute to the extent that they do not
19		-	create a legal climate that will promote private property rights and
20		-	commercial enterprise and foster the availability and affordability of
21		-	insurance; and
22		-	NOTE: This bill has been prepared for the signatures of the appropriate legislative
23		-	officers and the Governor. To determine whether the Governor has signed the bill
24		-	or taken other action on it, please consult the legislative status sheet, the legislative
25		-	history, or the Session Laws.
26		-	________
27		-	Capital letters or bold & italic numbers indicate new material added to existing law; dashes
28		-	through words or numbers indicate deletions from existing law and such material is not part of
29		-	the act. (b) In light of the Colorado court of appeals and supreme court
30		-	decisions in Wagner, and solely to the extent that Wagner contravenes
31		-	existing Colorado law and public policy, the general assembly finds it
32		-	necessary and appropriate to amend the landowner liability statute to clarify
33		-	its scope and meaning. In doing so, the general assembly does not intend to
34		-	expand or constrict the protections afforded to landowners and invitees
35		-	under the landowner liability statute, or any other statute, including but not
36		-	limited to the "Claire Davis School Safety Act", or to reject or otherwise
37		-	disturb any judicial decision other than Wagner.
38		-	SECTION 2. In Colorado Revised Statutes, amend 13-21-115 as
39		-	follows:
40		-	13-21-115. Actions against landowners - short title - legislative
41		-	declaration - definitions. (1) For the purposes of this section, "landowner"
42		-	includes, without limitation, an authorized agent or a person in possession
43		-	of real property and a person legally responsible for the condition of real
44		-	property or for the activities conducted or circumstances existing on real
45		-	property. THE SHORT TITLE OF THIS SECTION IS THE "COLORADO PREMISES
46		-	LIABILITY ACT".
47		-	(1.5) (2) The general assembly hereby finds and declares THAT:
48		-	(a) That The provisions of this section were enacted in 1986 to
49		-	promote a state policy of responsibility by both landowners and those upon
50		-	the land as well as to assure
51		-	ENSURE that the ability of an injured party to
52		-	recover is correlated with his THE INJURED PARTY'S status as a trespasser,
53		-	licensee, or invitee;
54		-	(b) That These objectives were characterized by the Colorado
55		-	supreme court as "legitimate governmental interests" in Gallegos v. Phipps,
56		-	No. 88 SA 141 (September 18, 1989) 779 P.2d 856 (COLO. 1989);
57		-	(c) That The purpose of amending this section in the 1990
58		-	legislative session is WAS to:
59		-	(I) Assure ENSURE that the language of this section effectuates these
60		-	legitimate governmental interests by imposing on landowners a higher
61		-	standard of care with respect to an invitee than a licensee and a higher
62		-	standard of care with respect to a licensee than a trespasser;
63		-	AND
64		-	PAGE 2-SENATE BILL 22-115 (d) That the purpose of this section is also to
65		-	(II) Create a legal climate which THAT will promote private property
66		-	rights and commercial enterprise and will foster the availability and
67		-	affordability of insurance;
68		-	(e) (d) That The general assembly recognizes that by amending this
69		-	section it is not reinstating the common law status categories as they existed
70		-	immediately prior to Mile Hi Fence v. Radovich, 175 Colo. 537, 489 P.2d
71		-	308 (1971) but that its purpose is to protect landowners from liability in
72		-	some circumstances when they were not protected at common law and to
73		-	define the instances when liability will be imposed in the manner most
74		-	consistent with the policies set forth in paragraphs (a), (c), and (d) of this
75		-	subsection (1.5) SUBSECTIONS (2)(a) AND (2)(c) OF THIS SECTION; AND
76		-	(e) (I) THE ROCKY MOUNTAIN PLANNED PARENTHOOD, INC. V.
	13	+	ONCERNING CLARIFYING CERTAIN TERMS AS THE TERMS RELATE TO101
	14	+	A LANDOWNER'S LIABILITY.102
	15	+	Bill Summary
	16	+	(Note: This summary applies to this bill as introduced and does
	17	+	not reflect any amendments that may be subsequently adopted. If this bill
	18	+	passes third reading in the house of introduction, a bill summary that
	19	+	applies to the reengrossed version of this bill will be available at
	20	+	http://leg.colorado.gov
	21	+	.)
	22	+	The bill clarifies the meaning of terms related to landowner
	23	+	liability and declares that the Colorado court of appeals and supreme
	24	+	court decisions in Rocky Mountain Planned Parenthood, Inc. v. Wagner
	25	+	should not be relied upon to the extent that those decisions determined:
	26	+	! The foreseeability of third-party criminal conduct based
	27	+	upon whether the goods or services offered by a landowner
	28	+	HOUSE
	29	+	3rd Reading Unamended
	30	+	March 16, 2022
	31	+	HOUSE
	32	+	Amended 2nd Reading
	33	+	March 15, 2022
	34	+	SENATE
	35	+	3rd Reading Unamended
	36	+	February 23, 2022
	37	+	SENATE
	38	+	2nd Reading Unamended
	39	+	February 22, 2022
	40	+	SENATE SPONSORSHIP
	41	+	Jaquez Lewis and Gardner, Bridges, Buckner, Coleman, Coram, Ginal, Gonzales, Hisey,
	42	+	Kirkmeyer, Kolker, Lee, Liston, Lundeen, Moreno, Priola, Simpson, Smallwood, Winter,
	43	+	Woodward, Zenzinger
	44	+	HOUSE SPONSORSHIP
	45	+	Soper and Tipper, Bockenfeld, Esgar, Roberts
	46	+	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
	47	+	Capital letters or bold & italic numbers indicate new material to be added to existing statute.
	48	+	Dashes through the words indicate deletions from existing statute. are controversial; and
	49	+	! That a landowner could be held liable as a substantial
	50	+	factor in causing harm without considering whether a
	51	+	third-party criminal act was the predominant cause of that
	52	+	harm.
	53	+	Be it enacted by the General Assembly of the State of Colorado:1
	54	+	SECTION 1. Legislative declaration. (1) The general assembly2
	55	+	finds and declares that:3
	56	+	(a) Rocky Mountain Planned Parenthood, Inc. v. Wagner, 20204
	57	+	CO 51, 467 P.3d 287 and Wagner v. Planned Parenthood Federation of5
	58	+	America, Inc., 2019 COA 26, 471 P.3d 1089, are contrary to the stated6
	59	+	purpose of the landowner liability statute to the extent that
	60	+	they do not7
	61	+	create a legal climate that will promote private property rights and8
	62	+	commercial enterprise and foster the availability and affordability of9
	63	+	insurance; and10
	64	+	(b) In light of the Colorado court of appeals and supreme court11
	65	+	decisions in Wagner, and solely to the extent that Wagner contravenes12
	66	+	existing Colorado law and public policy, the general assembly finds it13
	67	+	necessary and appropriate to amend the landowner liability statute to14
	68	+	clarify its scope and meaning. In doing so, the general assembly does not15
	69	+	intend to expand or constrict the protections afforded to landowners and16
	70	+	invitees under the landowner liability statute, or any other statute,17
	71	+	including but not limited to the "Claire Davis School Safety Act", or to18
	72	+	reject or otherwise disturb any judicial decision other than Wagner.19
	73	+	SECTION 2. In Colorado Revised Statutes, amend 13-21-115 as20
	74	+	follows:21
	75	+	13-21-115. Actions against landowners - short title - legislative22
	76	+	declaration - definitions. (1) For the purposes of this section,23
	77	+	115-2- "landowner" includes, without limitation, an authorized agent or a person1
	78	+	in possession of real property and a person legally responsible for the2
	79	+	condition of real property or for the activities conducted or circumstances3
	80	+	existing on real property.4
	81	+	(1.5) THE SHORT TITLE OF THIS SECTION IS THE "COLORADO5
	82	+	P
	83	+	REMISES LIABILITY ACT".6
	84	+	(2) The general assembly hereby
	85	+	finds and declares THAT:7
	86	+	(a) That The provisions of this section were enacted in 1986 to8
	87	+	promote a state policy of responsibility by both landowners and those9
	88	+	upon the land as well as to assure ENSURE that the ability of an injured10
	89	+	party to recover is correlated with his THE INJURED PARTY'S status as a11
	90	+	trespasser, licensee, or invitee;12
	91	+	(b) That These objectives were characterized by the Colorado13
	92	+	supreme court as "legitimate governmental interests" in Gallegos v.14
	93	+	Phipps, No. 88 SA 141 (September 18, 1989) 779 P.2d 856 (COLO. 1989);15
	94	+	(c) That The purpose of amending this section in the 199016
	95	+	legislative session is WAS to:17
	96	+	(I) Assure ENSURE that the language of this section effectuates18
	97	+	these legitimate governmental interests by imposing on landowners a19
	98	+	higher standard of care with respect to an invitee than a licensee and a20
	99	+	higher standard of care with respect to a licensee than a trespasser;
	100	+	AND21
	101	+	(d) That the purpose of this section is also to
	102	+	22
	103	+	(II) Create a legal climate which THAT will promote private23
	104	+	property rights and commercial enterprise and will foster the availability24
	105	+	and affordability of insurance;25
	106	+	(e) (d) That The general assembly recognizes that by amending26
	107	+	this section it is not reinstating the common law status categories as they27
	108	+	115
	109	+	-3- existed immediately prior to Mile Hi Fence v. Radovich, 175 Colo. 537,1
	110	+	489 P.2d 308 (1971) but that its purpose is to protect landowners from2
	111	+	liability in some circumstances when they were not protected at common3
	112	+	law and to define the instances when liability will be imposed in the4
	113	+	manner most consistent with the policies set forth in paragraphs (a), (c),5
	114	+	and (d) of this subsection (1.5) SUBSECTIONS (2)(a) AND (2)(c) OF THIS6
	115	+	SECTION; AND7
	116	+	(e) (I) THE ROCKY MOUNTAIN PLANNED PARENTHOOD, INC. V.8
77	117		W
78		-	AGNER, 2020 CO 51, 467 P.3d 287, AND WAGNER V. PLANNED PARENTHOOD
79		-	FEDERATION OF AMERICA, INC., 2019 COA 26, 471 P.3d 1089, DECISIONS DO
80		-	NOT ACCURATELY REFLECT THE INTENT OF THE GENERAL ASSEMBLY
81		-	REGARDING LANDOWNER LIABILITY AND MUST NOT BE RELIED UPON IN
82		-	APPLYING THIS SECTION TO THE EXTENT THAT THE MAJORITY OPINIONS
83		-	DETERMINED
84		-	:
	118	+	AGNER, 2020 CO 51, 467 P.3d 287,
	119	+	AND WAGNER V. PLANNED9
	120	+	P
	121	+	ARENTHOOD FEDERATION OF AMERICA, INC., 2019 COA 26, 471 P.3d10
	122	+	1089,
	123	+	DECISIONS
	124	+	DO NOT ACCURATELY REFLECT THE INTENT OF THE11
	125	+	GENERAL ASSEMBLY REGARDING LANDOWNER LIABILITY AND MUST NOT12
	126	+	BE RELIED UPON IN APPLYING THIS SECTION TO THE EXTENT THAT THE13
	127	+	MAJORITY OPINIONS DETERMINED :14
85	128		(A) T
86		-	HE FORESEEABILITY OF THIRD-PARTY CRIMINAL CONDUCT
87		-	BASED UPON WHETHER THE GOODS OR SERVICES OFFERED BY A LANDOWNER
88		-	ARE CONTROVERSIAL
89		-	; AND
90		-	(B) THAT A LANDOWNER COULD BE HELD LIABLE AS A SUBSTANTIAL
91		-	FACTOR IN CAUSING HARM WITHOUT CONSIDERING WHETHER A THIRD
92		-	-PARTY
93		-	CRIMINAL ACT WAS THE PREDOMINANT CAUSE OF THAT HARM
94		-	, AS NOTED BY
95		-	THE DISSENTING JUSTICES AND JUDGE
96		-	.
	129	+	HE FORESEEABILITY OF THIRD-PARTY CRIMINAL CONDUCT15
	130	+	BASED UPON WHETHER THE GOODS OR SERVICES OFFERED BY A16
	131	+	LANDOWNER ARE CONTROVERSIAL ; AND17
	132	+	(B) T
	133	+	HAT A LANDOWNER COULD BE HELD LIABLE AS A18
	134	+	SUBSTANTIAL FACTOR IN CAUSING HARM WITHOUT CONSIDERING WHETHER19
	135	+	A THIRD-PARTY CRIMINAL ACT WAS THE PREDOMINANT CAUSE OF THAT20
	136	+	HARM, AS NOTED BY THE DISSENTING JUSTICES AND JUDGE .21
97	137		(II) I
98		-	N MAKING THIS DECLARATION, THE GENERAL ASSEMBLY DOES
99		-	NOT INTEND TO REJECT OR OTHERWISE DISTURB ANY JUDICIAL DECISION
100		-	OTHER THAN THE
101		-	WAGNER DECISIONS .
	138	+	N MAKING THIS DECLARATION, THE GENERAL ASSEMBLY DOES22
	139	+	NOT INTEND TO REJECT OR OTHERWISE DISTURB ANY JUDICIAL DECISION23
	140	+	OTHER THAN THE WAGNER DECISIONS .24
102	141		(2)
103		-	(3) In any civil action brought against a landowner by a person
104		-	who alleges injury occurring while on the real property of another and by
105		-	reason of the condition of such property, or activities conducted or
106		-	circumstances existing on such property, the landowner shall be
107		-	IS liable
108		-	PAGE 3-SENATE BILL 22-115 only as provided in subsection (3) SUBSECTION (4) of this section. Sections
109		-	13-21-111, 13-21-111.5, and 13-21-111.7 shall apply to an action to which
110		-	this section applies. This subsection (2) shall SUBSECTION (3) MUST not be
111		-	construed to abrogate the doctrine of attractive nuisance as applied to
112		-	persons under fourteen years of age. A person who is at least fourteen years
113		-	of age but is less than eighteen years of age shall be
114		-	IS presumed competent
115		-	for purposes of the application of this section.
116		-	(3) (4) (a) A trespasser may ONLY recover only for damages
117		-	willfully or deliberately caused by the landowner.
	142	+	(3) In any civil action brought against a landowner by a person25
	143	+	who alleges injury occurring while on the real property of another and by26
	144	+	reason of the condition of such property, or activities conducted or27
	145	+	115
	146	+	-4- circumstances existing on such property, the landowner shall be IS liable1
	147	+	only as provided in subsection (3) SUBSECTION (4) of this section.2
	148	+	Sections 13-21-111, 13-21-111.5, and 13-21-111.7 shall apply to an3
	149	+	action to which this section applies. This subsection (2) shall SUBSECTION4
	150	+	(3)
	151	+	MUST not be construed to abrogate the doctrine of attractive nuisance5
	152	+	as applied to persons under fourteen years of age. A person who is at least6
	153	+	fourteen years of age but is less than eighteen years of age shall be
	154	+	IS7
	155	+	presumed competent for purposes of the application of this section.8
	156	+	(3) (4) (a) A trespasser may ONLY recover only for damages9
	157	+	willfully or deliberately caused by the landowner.10
118	158		(b) A licensee may
119	159		ONLY recover only for
120		-	damages caused:
121		-	(I) By the landowner's unreasonable failure to exercise ~~reasonable~~
122		-	care with respect to dangers created by the landowner of which THAT ~~the~~
	160	+	damages caused:11
	161	+	(I) By the landowner's unreasonable failure to exercise reasonable12
	162	+	care with respect to dangers created by the landowner of which THAT the13
123	163		landowner actually knew
124		-	ABOUT; or
125		-	(II) By the landowner's unreasonable failure to warn of dangers not
126		-	created by the landowner which
127		-	THAT are not ordinarily present on property
128		-	of the type involved and of which THAT the landowner actually knew
129		-	ABOUT.
	164	+	ABOUT; or14
	165	+	(II) By the landowner's unreasonable failure to warn of dangers15
	166	+	not created by the landowner which
	167	+	THAT are not ordinarily present on16
	168	+	property of the type involved and of which THAT the landowner actually17
	169	+	knew
	170	+	ABOUT.18
130	171		(c) (I) Except as otherwise provided in subparagraph (II) of this
131		-	paragraph (c) SUBSECTION (4)(c)(II) OF THIS SECTION, an invitee may
132		-	recover for damages caused by the landowner's unreasonable failure to
133		-	exercise reasonable care to protect against dangers of which he
134		-	THE
135		-	LANDOWNER
136		-	actually knew ABOUT or should have known ABOUT.
137		-	(II) If the landowner's real property is classified for property tax
138		-	purposes as agricultural land or vacant land, an invitee may recover for
139		-	damages caused by the landowner's unreasonable failure to exercise
140		-	reasonable care to protect against dangers of which he
141		-	THE LANDOWNER
142		-	actually knew ABOUT.
143		-	(3.5) (5) It is the intent of the general assembly in enacting the
144		-	provisions of subsection (3) SUBSECTION (4) of this section that the
145		-	circumstances under which a licensee may recover include all of the
146		-	circumstances under which a trespasser could recover and that the
147		-	circumstances under which an invitee may recover include all of the
148		-	circumstances under which a trespasser or a licensee could recover.
149		-	PAGE 4-SENATE BILL 22-115 (4) (6) In any action to which this section applies, the judge COURT
150		-	shall determine whether the plaintiff is a trespasser, a licensee, or an invitee,
151		-	in accordance with the definitions set forth in subsection (5) SUBSECTION (7)
152		-	of this section. If two or more landowners are parties defendant PARTY
153		-	DEFENDANTS
154		-	to the action, the judge
155		-	COURT shall determine the application
156		-	of this section to each such landowner. The issues of liability and damages
157		-	in any such action shall MUST be determined by the jury or, if there is no
158		-	jury, by the judge COURT.
159		-	(5) (7) As used in this section, UNLESS THE CONTEXT OTHERWISE
160		-	REQUIRES
161		-	:
162		-	(a) "Invitee" means a person who enters or remains on the land of
163		-	another to transact business in which the parties are mutually interested or
164		-	who enters or remains on such land in response to the landowner's express
165		-	or implied representation that the public is requested, expected, or intended
166		-	to enter or remain.
	172	+	19
	173	+	paragraph (c) SUBSECTION (4)(c)(II) OF THIS SECTION, an invitee may20
	174	+	recover for damages caused by the landowner's unreasonable failure to21
	175	+	exercise reasonable care to protect against dangers of which he THE22
	176	+	LANDOWNER actually knew ABOUT or should have known ABOUT.23
	177	+	(II) If the landowner's real property is classified for property tax24
	178	+	purposes as agricultural land or vacant land, an invitee may recover for25
	179	+	damages caused by the landowner's unreasonable failure to exercise26
	180	+	reasonable care to protect against dangers of which he THE LANDOWNER27
	181	+	115
	182	+	-5- actually knew ABOUT.1
	183	+	(3.5) (5) It is the intent of the general assembly in enacting the2
	184	+	provisions of subsection (3) SUBSECTION (4) of this section that the3
	185	+	circumstances under which a licensee may recover include all of the4
	186	+	circumstances under which a trespasser could recover and that the5
	187	+	circumstances under which an invitee may recover include all of the6
	188	+	circumstances under which a trespasser or a licensee could recover.7
	189	+	(4) (6) In any action to which this section applies, the judge8
	190	+	COURT shall determine whether the plaintiff is a trespasser, a licensee, or9
	191	+	an invitee, in accordance with the definitions set forth in subsection (5)10
	192	+	SUBSECTION (7) of this section. If two or more landowners are parties11
	193	+	defendant PARTY DEFENDANTS to the action, the judge COURT shall12
	194	+	determine the application of this section to each such landowner. The13
	195	+	issues of liability and damages in any such action shall MUST be14
	196	+	determined by the jury or, if there is no jury, by the judge COURT.15
	197	+	(5) (7) As used in this section, UNLESS THE CONTEXT OTHERWISE16
	198	+	REQUIRES:17
	199	+	(a) "Invitee" means a person who enters or remains on the land of18
	200	+	another to transact business in which the parties are mutually interested19
	201	+	or who enters or remains on such land in response to the landowner's20
	202	+	express or implied representation that the public is requested, expected,21
	203	+	or intended to enter or remain.22
167	204		(b) "L
168		-	ANDOWNER" MEANS, WITHOUT LIMITATION, AN AUTHORIZED
169		-	AGENT OR A PERSON IN POSSESSION OF REAL PROPERTY AND A PERSON
170		-	LEGALLY RESPONSIBLE FOR THE CONDITION OF REAL PROPERTY OR FOR THE
171		-	ACTIVITIES CONDUCTED OR CIRCUMSTANCES EXISTING ON REAL PROPERTY
172		-	.
173		-	(b)
174		-	(c) "Licensee" means a person who enters or remains on the land
175		-	of another for the licensee's own convenience or to advance his THE
176		-	LICENSEE
177		-	'S own interests, pursuant to the landowner's permission or
178		-	consent. "Licensee" includes a social guest.
179		-	(c)
180		-	(d) "Trespasser" means a person who enters or remains on the
181		-	land of another without the landowner's consent.
182		-	(6) (8) If any provision of this section is found by a court of
183		-	competent jurisdiction to be unconstitutional, the remaining provisions of
184		-	the section shall be
185		-	ARE deemed valid.
186		-	SECTION 3. Applicability. This act applies to actions pending on
187		-	or after the effective date of this act.
188		-	SECTION 4. Safety clause. The general assembly hereby finds,
189		-	PAGE 5-SENATE BILL 22-115 determines, and declares that this act is necessary for the immediate
190		-	preservation of the public peace, health, or safety.
191		-	____________________________ ____________________________
192		-	Steve Fenberg Alec Garnett
193		-	PRESIDENT OF SPEAKER OF THE HOUSE
194		-	THE SENATE OF REPRESENTATIVES
195		-	____________________________ ____________________________
196		-	Cindi L. Markwell Robin Jones
197		-	SECRETARY OF CHIEF CLERK OF THE HOUSE
198		-	THE SENATE OF REPRESENTATIVES
199		-	APPROVED________________________________________
200		-	(Date and Time)
201		-	_________________________________________
202		-	Jared S. Polis
203		-	GOVERNOR OF THE STATE OF COLORADO
204		-	PAGE 6-SENATE BILL 22-115
	205	+	ANDOWNER" MEANS, WITHOUT LIMITATION, AN AUTHORIZED23
	206	+	AGENT OR A PERSON IN POSSESSION OF REAL PROPERTY AND A PERSON24
	207	+	LEGALLY RESPONSIBLE FOR THE CONDITION OF REAL PROPERTY OR FOR25
	208	+	THE ACTIVITIES CONDUCTED OR CIRCUMSTANCES EXISTING ON REAL26
	209	+	PROPERTY.27
	210	+	115
	211	+	-6- (b) (c) "Licensee" means a person who enters or remains on the1
	212	+	land of another for the licensee's own convenience or to advance his THE2
	213	+	LICENSEE'S own interests, pursuant to the landowner's permission or3
	214	+	consent. "Licensee" includes a social guest.4
	215	+	(c) (d) "Trespasser" means a person who enters or remains on the5
	216	+	land of another without the landowner's consent.6
	217	+	(6) (8) If any provision of this section is found by a court of7
	218	+	competent jurisdiction to be unconstitutional, the remaining provisions of8
	219	+	the section shall be ARE deemed valid.9
	220	+	SECTION 3. Applicability. This act applies to actions pending10
	221	+	on or after the effective date of this act.11
	222	+	SECTION 4. Safety clause. The general assembly hereby finds,12
	223	+	determines, and declares that this act is necessary for the immediate13
	224	+	preservation of the public peace, health, or safety.14
	225	+	115
	226	+	-7-