Mr. President:
The Government Operations and Political Subdivisions Committee recommends
S.B. 47, LIMITED PURPOSE LOCAL GOVERNMENT ENTITIES REVISIONS, by Senator D.
Stowell, be replaced and favorably recommends 1st Sub. S.B. 47, LIMITED PURPOSE
LOCAL GOVERNMENT ENTITIES REVISIONS with the following amendments:
residential, and
Respectfully,
Peter C. Knudson
Voting: 5-0-1
1. Page
6, Lines 153 through 154
:
153
77-7-18, as last amended by Laws of Utah 2005, Chapter 2
154
78-27-63, as last amended by Laws of Utah 2007, Chapters 280, 329, and
357
}
78B-4-509, as renumbered and amended by Laws of Utah 2008, Chapter 3
2. Page
93, Lines 2852 through 2857
:
2852
(1) (a)
2853
Subsection
17B-2a-403
(1)(a)(iv)
:
2854
(i)
}
is a public utility and subject to the jurisdiction of the Public Service
2855
Commission
[
}
.
{
]
}
{
;
}
2856
(ii)
(A)
2857
(A)
}
(I)
no retail electricity has been provided to commercial, industrial,
3. Page
93, Lines 2861 through 2864
:
2861
(B)
}
(II)
electric service is provided to at least one user of electricity
within the electric
2862
service district as of September 1, 1985; and
2863
(iii)
}
(B)
shall have filed an application for certification and received
approval by the Public
2864
Service Commission by September 1, 1986.
(A) the certificated service area of:
(I) an investor-owned electric utility; or
(II) an electric cooperative; or
(B) the service area of a municipality that provides electric service.
4. Page
132, Lines 4058 through 4061
:
4058
(5) "Local building authority"
(a)
4059
(a)
}
(i)
created as provided in Section
17D-2-201
;
4060
(b)
}
(ii)
described in Section
17D-2-103
; and
4061
(c)
}
(iii)
subject to and governed by the provisions of this
chapter
{
.
}
; and
(b) includes a nonprofit corporation created as a municipal building authority
before May 5, 2008 under the law then in effect.
5. Page
246, Line 7593 through Page 247, Line 7628
:
7593
Section 167.
Section
78-27-63
}
78B-4-509
is amended to read:
7594
78-27-63. Inherent risks of certain recreational activities -- Claim barred
against
7595
county or municipality -- No effect on duty or liability of person participating in
7596
recreational activity or other person.
7597
(1) As used in this section:
7598
(a) "Inherent risks" means those dangers, conditions, and potentials for
personal injury
7599
or property damage that are an integral and natural part of participating in a
recreational
7600
activity.
7601
(b) "Municipality" has the meaning as defined in Section
10-1-104
.
7602
(c) "Person" includes an individual, regardless of age, maturity, ability,
capability, or
7603
experience, and a corporation, partnership, limited liability company, or any other
form of
7604
business enterprise.
7605
(d) "Recreational activity" includes a rodeo, an equestrian activity,
skateboarding,
7606
skydiving, para gliding, hang gliding, roller skating, ice skating, fishing, hiking,
walking,
7607
running, jogging, bike riding, or in-line skating on property:
7608
(i) owned, leased, or rented by, or otherwise made available to:
7609
(A) with respect to a claim against a county, the county; and
7610
(B) with respect to a claim against a municipality, the municipality; and
7611
(ii) intended for the specific use in question.
7612
(2) Notwithstanding anything in Sections
78-27-37
,
78-27-38
,
78-27-39
,
78-27-40
,
7613
78-27-41
,
78-27-42
, and
78-27-43
to the contrary, no person may make a claim
against or
7614
recover from any of the following entities for personal injury or property damage
resulting
7615
from any of the inherent risks of participating in a recreational activity:
7616
(a) a county, municipality, local district under Title 17B, Limited Purpose
Local
7617
Government Entities - Local Districts, or special service district under Title [17A]
17D,
7618
Chapter [2, Part 13, Utah] 1, Special Service District Act[, or dependent district
under Title
7619
17A, Chapter 3, Dependent Districts]; or
7620
(b) the owner of property that is leased, rented, or otherwise made available to
a
7621
county, municipality, local district, special service district, or dependent district for
the purpose
7622
of providing or operating a recreational activity.
7623
(3) (a) Nothing in this section may be construed to relieve a person
participating in a
7624
recreational activity from an obligation that the person would have in the absence of
this
7625
section to exercise due care or from the legal consequences of a failure to exercise
due care.
7626
(b) Nothing in this section may be construed to relieve any other person from
an
7627
obligation that the person would have in the absence of this section to exercise due
care or
7628
from the legal consequences of a failure to exercise due care.
}
78B-4-509
.
Inherent risks of certain recreational activities -- Claim barred
against county or municipality -- No effect on duty or liability of person
participating in recreational activity or other person.
(1) As used in this section:
(a) "Inherent risks" means those dangers, conditions, and potentials for personal
injury or property damage that are an integral and natural part of participating in a
recreational activity.
(b) "Municipality" has the meaning as defined in Section
10-1-104
.
(c) "Person" includes an individual, regardless of age, maturity, ability, capability,
or experience, and a corporation, partnership, limited liability company, or any other form
of business enterprise.
(d) "Recreational activity" includes a rodeo, an equestrian activity, skateboarding,
skydiving, para gliding, hang gliding, roller skating, ice skating, fishing, hiking, walking,
running, jogging, bike riding, or in-line skating on property:
(i) owned, leased, or rented by, or otherwise made available to:
(A) with respect to a claim against a county, the county; and
(B) with respect to a claim against a municipality, the municipality; and
(ii) intended for the specific use in question.
(2) Notwithstanding anything in Sections
78B-5-817
through
78B-5-823
to the
contrary, no person may make a claim against or recover from any of the following
entities for personal injury or property damage resulting from any of the inherent risks of
participating in a recreational activity:
(a) a county, municipality, local district under Title 17B, Limited Purpose Local
Government Entities - Local Districts,
17A
}
17D
, Chapter
{
2, Part 13, Utah
}
1,
Special Service District
Act
{
, or dependent district under Title 17A, Chapter 3, Dependent Districts
}
;
or
(b) the owner of property that is leased, rented, or otherwise made available to a
county, municipality, local district,
, or dependent
district
}
for the purpose of providing or operating a recreational activity.
(3) (a) Nothing in this section may be construed to relieve a person participating in a
recreational activity from an obligation that the person would have in the absence of this
section to exercise due care or from the legal consequences of a failure to exercise due
care.
(b) Nothing in this section may be construed to relieve any other person from an
obligation that the person would have in the absence of this section to exercise due care
or from the legal consequences of a failure to exercise due care.
Renumber remaining sections accordingly.
Committee Chair
7 SB0047.SC1.wpd rnorth/RCN/MDA RHR/JTW 2/15/08 9:20 am