H.B. 207 Enrolled

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 and fishing to the definition of recreational activities in a provision
16 prohibiting a person from making a claim for a personal injury or property damage
17 resulting from the inherent risks of participating in the recreational activity on
18 property owned by a county or municipality;
19 . expands the definition of recreational activities; and
20 . extends to independent special districts the protection from liability that counties
21 and municipalities have for claims resulting from inherent risks of certain
22 recreational activities.
23 Monies Appropriated in this Bill:
24 None
25 Other Special Clauses:
26 None
27 Utah Code Sections Affected:
28 AMENDS:
29 78-27-63, as enacted by Chapter 107, Laws of Utah 1999

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

58 section to exercise due care or from the legal consequences of a failure to exercise due care.
59 [(4)] (b) Nothing in this section may be construed to relieve [a] any other person from
60 an obligation that the person would have in the absence of this section to exercise due care or
61 from the legal consequences of a failure to exercise due care.