First Substitute H.B. 107

Representative DeMar Bud Bowman proposes to substitute the following bill:

1 RECREATIONAL LAND USE IMMUNITY
2 1999 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: DeMar Bud Bowman
5 AN ACT RELATING TO THE JUDICIAL CODE; AND LIMITING THE LIABILITY OF
6 MUNICIPALITIES AND COUNTIES UNDER CERTAIN CIRCUMSTANCES.
7 This act affects sections of Utah Code Annotated 1953 as follows:
8 ENACTS:
9 78-27-63, Utah Code Annotated 1953
10 Be it enacted by the Legislature of the state of Utah:
11 Section 1. Section 78-27-63 is enacted to read:
12 78-27-63. Inherent risks of certain recreational activities -- Claim barred against
13 county or municipality -- No affect on third person duty or liability.
14 (1) As used in this section:
15 (a) "Inherent risks" means those dangers, conditions, and potentials for personal injury or
16 property damage that are an integral and natural part of participating in a recreational activity.
17 (b) "Municipality" has the meaning as defined in Section 10-1-104 .
18 (c) "Person" includes an individual, regardless of age, maturity, ability, capability, or
19 experience, and a corporation, partnership, limited liability company, or any other form of business
20 enterprise.
21 (d) "Recreational activity" means a rodeo, an equestrian activity, skateboarding, roller
22 skating, S HIKING, BIKE RIDING, s or in-line skating on property S :(i) s owned by:
23 S [ (i) ] (A) s with respect to a claim against a county, the county; and
24 S [ (ii) ] (B) s with respect to a claim against a municipality, the municipality S ; AND
24a (ii) INTENDED FOR THE SPECIFIC USE IN QUESTION s .
25 (2) Notwithstanding anything in Sections 78-27-37 , 78-27-38 , 78-27-39 , 78-27-40 ,

26 78-27-41 , 78-27-42 , and 78-27-43 to the contrary, no person may make a claim against or recover
27 from a county or municipality for personal injury or property damage resulting from any of the
28 inherent risks of participating in a recreational activity.
29 (3) Nothing in this section may be construed to relieve a person participating in a
30 recreational activity from an obligation that the person would have in the absence of this section
31 to exercise due care or from the legal consequences of a failure to exercise due care.
32 (4) Nothing in this section may be construed to relieve a person S [ , other than the county or
33 municipality, who develops, improves, or alters the condition of property owned by the county or
34 municipality ] s from an obligation that the person would have in the absence of this section to
35 exercise due care or from the legal consequences of a failure to exercise due care.