S.B. 208

1

GOVERNMENTAL IMMUNITY FOR
2 TRANSPORTING PERSONS FROM REMOTE OR
3 INACCESSIBLE AREAS
4 2001 GENERAL SESSION
5 STATE OF UTAH
6 Sponsor: Leonard M. Blackham
7 This act modifies the Governmental Immunity Act. The bill adds an exception for waiver
8 of immunity for injury caused by negligent act or omission of employee when transporting
9 injured persons to a place where medical assistance can be rendered or an ambulance is
10 available.
11 This act affects sections of Utah Code Annotated 1953 as follows:
12 AMENDS:
13 63-30-10, as last amended by Chapters 159 and 264, Laws of Utah 1996
14 Be it enacted by the Legislature of the state of Utah:
15 Section 1. Section 63-30-10 is amended to read:
16 63-30-10. Waiver of immunity for injury caused by negligent act or omission of
17 employee -- Exceptions.
18 Immunity from suit of all governmental entities is waived for injury proximately caused
19 by a negligent act or omission of an employee committed within the scope of employment except
20 if the injury arises out of, in connection with, or results from:
21 (1) the exercise or performance or the failure to exercise or perform a discretionary
22 function, whether or not the discretion is abused;
23 (2) assault, battery, false imprisonment, false arrest, malicious prosecution, intentional
24 trespass, abuse of process, libel, slander, deceit, interference with contract rights, infliction of
25 mental anguish, or violation of civil rights;
26 (3) the issuance, denial, suspension, or revocation of or by the failure or refusal to issue,
27 deny, suspend, or revoke any permit, license, certificate, approval, order, or similar authorization;

28 (4) a failure to make an inspection or by making an inadequate or negligent inspection;
29 (5) the institution or prosecution of any judicial or administrative proceeding, even if
30 malicious or without probable cause;
31 (6) a misrepresentation by an employee whether or not it is negligent or intentional;
32 (7) riots, unlawful assemblies, public demonstrations, mob violence, and civil
33 disturbances;
34 (8) the collection of and assessment of taxes;
35 (9) the activities of the Utah National Guard;
36 (10) the incarceration of any person in any state prison, county or city jail, or other place
37 of legal confinement;
38 (11) any natural condition on publicly owned or controlled lands, any condition existing
39 in connection with an abandoned mine or mining operation, or any activity authorized by the
40 School and Institutional Trust Lands Administration or the Division of Forestry, Fire and State
41 Lands;
42 (12) research or implementation of cloud management or seeding for the clearing of fog;
43 (13) the management of flood waters, earthquakes, or natural disasters;
44 (14) the construction, repair, or operation of flood or storm systems;
45 (15) the operation of an emergency vehicle, while being driven in accordance with the
46 requirements of Section 41-6-14 ;
47 (16) a latent dangerous or latent defective condition of any highway, road, street, alley,
48 crosswalk, sidewalk, culvert, tunnel, bridge, viaduct, or other structure located on them;
49 (17) a latent dangerous or latent defective condition of any public building, structure, dam,
50 reservoir, or other public improvement;
51 (18) the activities of:
52 (a) providing emergency medical assistance;
53 (b) fighting fire;
54 (c) regulating, mitigating, or handling hazardous materials or hazardous wastes;
55 (d) emergency evacuations; [or]
56 (e) transporting or removing injured persons to a place where emergency medical
57 assistance can be rendered or where the person can be transported by a licensed ambulance service;
58 or

59 [(e)] (f) intervening during dam emergencies; or
60 (19) the exercise or performance or the failure to exercise or perform any function pursuant
61 to Title 73, Chapter 5a, Dam Safety, or Title 73, Chapter 10, Board of Water Resources - Division
62 of Water Resources, which immunity is in addition to all other immunities granted by law.




Legislative Review Note
as of 2-1-01 3:11 PM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel