First Substitute H.B. 58

Representative Paul Ray proposes the following substitute bill:

1 PROTECTION OF ATHLETES WITH HEAD INJURIES ACT
2 AMENDMENTS
3 2013 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Paul Ray
6 Senate Sponsor: Allen M. Christensen
7
8 LONG TITLE
9 General Description:
10 This bill modifies Title 26, Chapter 53, Protection of Athletes with Head Injuries Act,
11 by amending definitions.
12 Highlighted Provisions:
13 This bill:
14 . amends definitions; and
15 . makes technical changes.
16 Money Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 None
20 Utah Code Sections Affected:
21 AMENDS:
22 26-53-102, as enacted by Laws of Utah 2011, Chapter 97
23
24 Be it enacted by the Legislature of the state of Utah:
25 Section 1. Section 26-53-102 is amended to read:

26 26-53-102. Definitions.
27 As used in this chapter:
28 (1) "Agent" means a coach, teacher, employee, representative, or volunteer.
29 (2) (a) "Amateur sports organization" means, except as provided in Subsection (2)(b):
30 (i) a sports team;
31 (ii) a public or private school;
32 (iii) a public or private sports league;
33 (iv) a public or private sports camp; or
34 (v) any other public or private organization that organizes, [operates,] manages, or
35 sponsors a sporting event for its members, enrollees, or attendees.
36 (b) "Amateur sports organization" does not include a professional:
37 (i) team;
38 (ii) league; or
39 (iii) sporting event.
40 (3) "Child" means an individual who is under the age of 18.
41 (4) "Qualified health care provider" means a health care provider who:
42 (a) is licensed under Title 58, Occupations and Professions; and
43 (b) may evaluate and manage a concussion within the health care provider's scope of
44 practice.
45 (5) (a) "Sporting event" means any of the following athletic activities that is organized,
46 [operated,] managed, or sponsored by an organization:
47 (i) a game;
48 (ii) a practice;
49 (iii) a sports camp;
50 (iv) a physical education class;
51 (v) a competition; or
52 (vi) a tryout.
53 (b) "Sporting event" does not include:
54 (i) the issuance of a lift ticket or pass by a ski resort, the use of the ticket or pass, or a
55 ski or snowboarding class or school at a ski resort, unless the skiing or snowboarding is part of
56 a camp, team, or competition that is organized, managed, or sponsored by the ski resort[.];

57 (ii) as applied to a government entity, merely making available a field, facility, or other
58 location owned, leased, or controlled by the government entity to an amateur sports
59 organization or a child, regardless of whether the government entity charges a fee for the use;
60 or
61 (iii) free play or recess taking place during school hours.
62 (6) "Traumatic head injury" means an injury to the head arising from blunt trauma, an
63 acceleration force, or a deceleration force, with one of the following observed or self-reported
64 conditions attributable to the injury:
65 (a) transient confusion, disorientation, or impaired consciousness;
66 (b) dysfunction of memory;
67 (c) loss of consciousness; or
68 (d) signs of other neurological or neuropsychological dysfunction, including:
69 (i) seizures;
70 (ii) irritability;
71 (iii) lethargy;
72 (iv) vomiting;
73 (v) headache;
74 (vi) dizziness; or
75 (vii) fatigue.

[Bill Documents]