Download Zipped Introduced WP 6.1 HB0254S1.ZIP 9,549 Bytes
[Status][Bill Documents][Fiscal Note][Bills Directory]

First Substitute H.B. 254

Representative Peter C. Knudson proposes to substitute the following bill:


1    
LIMITS OF MUNICIPAL LIABILITY

2    
1998 GENERAL SESSION

3    
STATE OF UTAH

4    
Sponsor: Peter C. Knudson

5    AN ACT RELATING TO CITIES AND TOWNS; LIMITING THE LIABILITY OF A
6    MUNICIPALITY UNDER CERTAIN CIRCUMSTANCES; AND MAKING CONFORMING
7    CHANGES TO IMMUNITY PROVISIONS.
8    This act affects sections of Utah Code Annotated 1953 as follows:
9    AMENDS:
10         63-30-8, as last amended by Chapter 76, Laws of Utah 1991
11         63-30-9, as last amended by Chapter 76, Laws of Utah 1991
12    ENACTS:
13         10-1-401, Utah Code Annotated 1953
14         10-1-402, Utah Code Annotated 1953
15         10-1-403, Utah Code Annotated 1953
16         10-1-404, Utah Code Annotated 1953
17    Be it enacted by the Legislature of the state of Utah:
18        Section 1. Section 10-1-401 is enacted to read:
19    
Part 4. Limitation on Municipal Liability

20         10-1-401. Definitions.
21        As used in this part:
22        (1) "Person" includes an individual, regardless of age, maturity, ability, capability, or
23    experience, and a corporation, partnership, limited liability company, or any other form of business
24    enterprise.
25        (2) "Undeveloped" means:


1        (a) substantially unchanged from its natural condition; or
2        (b) developed but not suitable for the sport or recreational activity without further
3    development, improvement, or alteration of condition.
4        (3) (a) "Without charge" means that a person is not required to pay any sum of money to
5    use the land owned by the municipality for the sport or recreational activity.
6        (b) The determination under Subsection (3)(a) made shall be without regard to any taxes
7    or fees a person pays to the municipality for a reason other than the use of the land for the sport
8    or recreational activity.
9        Section 2. Section 10-1-402 is enacted to read:
10         10-1-402. Limitation on liability.
11        (1) A municipality that allows a person to develop, improve, or alter the condition of
12    undeveloped land owned by the municipality so that it may be used by the public without charge
13    for a sport or recreational activity may not be held liable for any personal injury or property
14    damage resulting from the use of the land for the sport or recreational activity.
15        (2) A municipality does not lose the protection against liability provided by Subsection
16    (1) by:
17        (a) issuing a building permit for an improvement on the land; or
18        (b) approving an improvement on the land as complying with applicable building code
19    requirements.
20        Section 3. Section 10-1-403 is enacted to read:
21         10-1-403. No affect on person's obligation to use due care.
22        Nothing in this part may be construed to relieve a person using the recreational facilities
23    from an obligation that the person would have in the absence of this part to exercise due care in
24    the use of the recreational facilities or from the legal consequences of a failure to use due care.
25        Section 4. Section 10-1-404 is enacted to read:
26         10-1-404. No affect on obligation of person or firm that improves land.
27        Nothing in this part may be construed to relieve the person that develops, improves, or
28    alters the condition of land owned by a municipality from an obligation that the person would have
29    in the absence of this part to exercise due care in developing, improving, or altering the condition
30    of the land.
31        Section 5. Section 63-30-8 is amended to read:

- 2 -


1         63-30-8. Waiver of immunity for injury caused by defective, unsafe, or dangerous
2     condition of highways, bridges, or other structures.
3        Unless the injury arises out of one or more of the exceptions to waiver set forth in Section
4    10-1-402 or 63-30-10, immunity from suit of all governmental entities is waived for any injury
5    caused by a defective, unsafe, or dangerous condition of any highway, road, street, alley,
6    crosswalk, sidewalk, culvert, tunnel, bridge, viaduct, or other structure located on them.
7        Section 6. Section 63-30-9 is amended to read:
8         63-30-9. Waiver of immunity for injury from dangerous or defective public building,
9     structure, or other public improvement -- Exception.
10        Unless the injury arises out of one or more of the exceptions to waiver set forth in Section
11    10-1-402 or 63-30-10, immunity from suit of all governmental entities is waived for any injury
12    caused from a dangerous or defective condition of any public building, structure, dam, reservoir,
13    or other public improvement.

- 3 -


[Bill Documents][Bills Directory]