H.B. 207

This document includes House Committee Amendments incorporated into the bill on Thu, Jan 19, 2006 at 9:04 AM by ddonat. --> This document includes House Floor Amendments incorporated into the bill on Mon, Jan 30, 2006 at 11:49 AM by ddonat. --> 1

INHERENT RISKS OF PARTICIPATING IN
2 RECREATIONAL ACTIVITIES ON PROPERTY
3 OWNED BY LOCAL GOVERNMENT
4 2006 GENERAL SESSION
5 STATE OF UTAH
6 Chief Sponsor: DeMar Bud Bowman
7 Senate Sponsor: Peter C. Knudson
8
9 LONG TITLE
10 General Description:
11 This bill amends a provision relating to the inherent risks of participating in recreational
12 activities on property owned by a county or municipality.
13 Highlighted Provisions:
14 This bill:
15 . adds ice skating H. and fishing .H to the definition of recreational activities in a
15a provision prohibiting
16 a person from making a claim for a personal injury or property damage resulting
17 from the inherent risks of participating in the recreational activity on property
18 owned by a county or municipality H. [ . ] ;
18a . expands the definition of recreational activities; and
18b . extends to independent special districts the protection from liability that counties
18c and municipalities have for claims resulting from inherent risks of certain recreational
18d activities. .H
19 Monies Appropriated in this Bill:
20 None
21 Other Special Clauses:
22 None
23 Utah Code Sections Affected:
24 AMENDS:
25 78-27-63, as enacted by Chapter 107, Laws of Utah 1999
26
27 Be it enacted by the Legislature of the state of Utah:

28 Section 1. Section 78-27-63 is amended to read:
29 78-27-63. Inherent risks of certain recreational activities -- Claim barred against
30 county or municipality -- No effect on duty or liability of person participating in
31 recreational activity or other person.
32 (1) As used in this section:
33 (a) "Inherent risks" means those dangers, conditions, and potentials for personal injury
34 or property damage that are an integral and natural part of participating in a recreational
35 activity.
36 (b) "Municipality" has the meaning as defined in Section 10-1-104 .
37 (c) "Person" includes an individual, regardless of age, maturity, ability, capability, or
38 experience, and a corporation, partnership, limited liability company, or any other form of
39 business enterprise.
40 (d) "Recreational activity" H. [ means ] includes .H a rodeo, an equestrian activity,
40a skateboarding, roller
41 skating, ice skating, H. fishing, .H hiking, bike riding, or in-line skating on property:
42 (i) owned by:
43 (A) with respect to a claim against a county, the county; and
44 (B) with respect to a claim against a municipality, the municipality; and
45 (ii) intended for the specific use in question.
46 (2) Notwithstanding anything in Sections 78-27-37 , 78-27-38 , 78-27-39 , 78-27-40 ,
47 78-27-41 , 78-27-42 , and 78-27-43 to the contrary, no person may make a claim against or
48 recover from a county H. [ or ] , .H municipality H. , or independent special district under
48a Title 17A, Chapter 2, Independent Special Districts, .H for personal injury or property damage
48b resulting from
49 any of the inherent risks of participating in a recreational activity.
50 (3) H. (a) .H Nothing in this section may be construed to relieve a person participating
50a in a
51 recreational activity from an obligation that the person would have in the absence of this
52 section to exercise due care or from the legal consequences of a failure to exercise due care.
53 H. [ (4) ] (b) .H Nothing in this section may be construed to relieve H. [ a ] any
53a other .H person from an obligation that
54 the person would have in the absence of this section to exercise due care or from the legal
55 consequences of a failure to exercise due care.

Legislative Review Note
as of 8-9-05 7:47 AM

Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.

Office of Legislative Research and General Counsel