This document includes House Committee Amendments incorporated into the bill on Wed, Mar 9, 2016 at 9:17 AM by cynthiahopkin.



Chief Sponsor: J. Stuart Adams

House Sponsor: Curtis Oda


8     General Description:
9          This bill modifies the General Government code by amending immunity provisions.
10     Highlighted Provisions:
11          This bill:
12          ▸     provides that a governmental entity's officers and employees' immunity from suit for
13     an injury or damage resulting from the implementation of or failure to implement
14     measures to respond to emergency or public health conditions includes the use,
15     provision, operation, and management of certain facilities;
16          ▸     provides that a person or business entity owning a building or other facility and an
17     operator of or an employee in a building or facility is immune from liability with
18     respect to any decisions or actions related to emergency or public health conditions
19     while acting under the general supervision of or on behalf of any public entity; and
20          ▸     makes technical changes.
21     Money Appropriated in this Bill:
22          None
23     Other Special Clauses:
24          None
25     Utah Code Sections Affected:
26     AMENDS:
27          63G-7-201, as last amended by Laws of Utah 2015, Chapter 342

28          63G-8-201, as last amended by Laws of Utah 2013, Chapter 249

30     Be it enacted by the Legislature of the state of Utah:
31          Section 1. Section 63G-7-201 is amended to read:
32          63G-7-201. Immunity of governmental entities and employees from suit.
33          (1) Except as otherwise provided in this chapter, each governmental entity and each
34     employee of a governmental entity are immune from suit for any injury that results from the
35     exercise of a governmental function.
36          (2) Notwithstanding the waiver of immunity provisions of Section 63G-7-301, a
37     governmental entity, its officers, and its employees are immune from suit for any injury or
38     damage resulting from the implementation of or the failure to implement measures to:
39          (a) control the causes of epidemic and communicable diseases and other conditions
40     significantly affecting the public health or necessary to protect the public health as set out in
41     Title 26A, Chapter 1, Local Health Departments;
42          (b) investigate and control suspected bioterrorism and disease as set out in Title 26,
43     Chapter 23b, Detection of Public Health Emergencies Act;
44          (c) respond to a national, state, or local emergency, a public health emergency as
45     defined in Section 26-23b-102, or a declaration by the President of the United States or other
46     federal official requesting public health related activities[; and], including the use, provision,
47     operation, and management of:
48          (i) an emergency shelter;
49          (ii) housing;
50          (iii) a staging place; or
51          (iv) a medical facility; and
52          (d) adopt methods or measures, in accordance with Section 26-1-30, for health care
53     providers, public health entities, and health care insurers to coordinate among themselves to
54     verify the identity of the individuals they serve.
55          (3) A governmental entity, its officers, and its employees are immune from suit, and
56     immunity is not waived, for any injury if the injury arises out of or in connection with, or
57     results from:
58          (a) a latent dangerous or latent defective condition of:

59          (i) any highway, road, street, alley, crosswalk, sidewalk, culvert, tunnel, bridge, or
60     viaduct; or
61          (ii) another structure located on any of the items listed in Subsection (3)(a)(i); or
62          (b) a latent dangerous or latent defective condition of any public building, structure,
63     dam, reservoir, or other public improvement.
64          (4) A governmental entity, its officers, and its employees are immune from suit, and
65     immunity is not waived, for any injury proximately caused by a negligent act or omission of an
66     employee committed within the scope of employment, if the injury arises out of or in
67     connection with, or results from:
68          (a) the exercise or performance, or the failure to exercise or perform, a discretionary
69     function, whether or not the discretion is abused;
70          (b) assault, battery, false imprisonment, false arrest, malicious prosecution, intentional
71     trespass, abuse of process, libel, slander, deceit, interference with contract rights, infliction of
72     mental anguish, or violation of civil rights;
73          (c) the issuance, denial, suspension, or revocation of, or the failure or refusal to issue,
74     deny, suspend, or revoke, any permit, license, certificate, approval, order, or similar
75     authorization;
76          (d) a failure to make an inspection or making an inadequate or negligent inspection;
77          (e) the institution or prosecution of any judicial or administrative proceeding, even if
78     malicious or without probable cause;
79          (f) a misrepresentation by an employee whether or not the misrepresentation is
80     negligent or intentional;
81          (g) a riot, unlawful assembly, public demonstration, mob violence, or civil disturbance;
82          (h) the collection or assessment of taxes;
83          (i) an activity of the Utah National Guard;
84          (j) the incarceration of a person in a state prison, county or city jail, or other place of
85     legal confinement;
86          (k) a natural condition on publicly owned or controlled land;
87          (l) a condition existing in connection with an abandoned mine or mining operation;
88          (m) an activity authorized by the School and Institutional Trust Lands Administration
89     or the Division of Forestry, Fire, and State Lands;

90          (n) the operation or existence of a pedestrian or equestrian trail that is along a ditch,
91     canal, stream, or river, regardless of ownership or operation of the ditch, canal, stream, or river,
92     if:
93          (i) the trail is designated under a general plan adopted by a municipality under Section
94     10-9a-401 or by a county under Section 17-27a-401;
95          (ii) the trail right-of-way or the right-of-way where the trail is located is open to public
96     use as evidenced by a written agreement between:
97          (A) the owner or operator of the trail right-of-way or of the right-of-way where the trail
98     is located; and
99          (B) the municipality or county where the trail is located; and
100          (iii) the written agreement:
101          (A) contains a plan for operation and maintenance of the trail; and
102          (B) provides that an owner or operator of the trail right-of-way or of the right-of-way
103     where the trail is located has, at a minimum, the same level of immunity from suit as the
104     governmental entity in connection with or resulting from the use of the trail;
105          (o) research or implementation of cloud management or seeding for the clearing of fog;
106          (p) the management of flood waters, earthquakes, or natural disasters;
107          (q) the construction, repair, or operation of flood or storm systems;
108          (r) the operation of an emergency vehicle, while being driven in accordance with the
109     requirements of Section 41-6a-212;
110          (s) the activity of:
111          (i) providing emergency medical assistance;
112          (ii) fighting fire;
113          (iii) regulating, mitigating, or handling hazardous materials or hazardous wastes;
114          (iv) an emergency evacuation;
115          (v) transporting or removing an injured person to a place where emergency medical
116     assistance can be rendered or where the person can be transported by a licensed ambulance
117     service; or
118          (vi) intervening during a dam emergency;
119          (t) the exercise or performance, or the failure to exercise or perform, any function
120     pursuant to Title 73, Chapter 10, Board of Water Resources - Division of Water Resources;

121          (u) an unauthorized access to government records, data, or electronic information
122     systems by any person or entity; or
123          (v) an activity of wildlife, as defined in Section 23-13-2, that arises during the use of a
124     public or private road.
125          Section 2. Section 63G-8-201 is amended to read:
126          63G-8-201. Voluntary services -- Immunity from liability -- Exceptions.
127          (1) A person performing services on a voluntary basis, without compensation, under
128     the general supervision of, and on behalf of any public entity, is immune from liability with
129     respect to any decisions or actions, other than in connection with the operation of a motor
130     vehicle, taken during the course of those services, unless it is established that such decisions or
131     actions were grossly negligent, not made in good faith, or were made maliciously.
132          (2) A volunteer facilitator is immune from liability to the extent provided in Subsection
133     67-20-3(4).
134          (3) A person or Ĥ→ [
business] ←Ĥ entity owning a building or other facility and an
134a     operator of or
135     an employee in a building or facility is immune from liability with respect to any decisions or
136     actions related to emergency or public health conditions, as described in Subsection
137     63G-7-201(2)(c), while acting under the general supervision of or on behalf of any public
138     entity.

Legislative Review Note
Office of Legislative Research and General Counsel