1     
WILDLAND FIRE LIABILITY AMENDMENTS

2     
2018 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Michael K. McKell

5     
Senate Sponsor: ____________

6     

7     LONG TITLE
8     General Description:
9          This bill addresses liability following a wildland fire.
10     Highlighted Provisions:
11          This bill:
12          ▸     states that a person who negligently, recklessly, or intentionally causes a wildland
13     fire shall be liable for damages and the cost of suppressing the fire;
14          ▸     states that a person that causes a wildland fire through the operation, maintenance,
15     or use of any instrumentality of the person's shall be liable for all damages resulting
16     from the wildland fire;
17          ▸     states that a property owner who suffers damage from a wildland fire may bring an
18     action to recover damages, costs, and reasonable attorney fees;
19          ▸     provides a balancing test for a court evaluating a property owner's request to restore
20     property following a wildland fire; and
21          ▸     makes technical changes.
22     Money Appropriated in this Bill:
23          None
24     Other Special Clauses:
25          None
26     Utah Code Sections Affected:
27     AMENDS:

28          65A-3-4, as repealed and reenacted by Laws of Utah 2012, Chapter 361
29          76-6-104.5, as last amended by Laws of Utah 2009, Chapter 320
30     

31     Be it enacted by the Legislature of the state of Utah:
32          Section 1. Section 65A-3-4 is amended to read:
33          65A-3-4. Liability for causing wildland fires.
34          (1) A person who negligently, recklessly, or intentionally causes [or spreads] a
35     wildland fire shall be liable for damages resulting from the wildland fire, including the cost of
36     suppressing that wildland fire, regardless of whether the fire begins on:
37          (a) private land;
38          (b) land owned by the state;
39          (c) federal land; or
40          (d) tribal land.
41          (2) (a) The conduct described in Subsection (1) includes any negligent, reckless, or
42     intentional conduct, and is not limited to conduct described in Section 65A-3-2.
43          (b) Notwithstanding Subsection (1) or (2)(a) or any provision of Title 63G, Chapter 7,
44     Governmental Immunity Act of Utah, when a person causes a wildland fire through the
45     operation, maintenance, or use of any instrumentality of the person, the person shall be liable
46     for all damages resulting from the wildland fire, including the cost of suppression.
47          (3) (a) [A person who incurs] A property owner who suffers damage from a wildland
48     fire, including costs to suppress a wildland fire, may bring an action under this section to
49     recover [those costs] damages resulting from the fire and attorney fees.
50          (b) Damages resulting from fire, as described in Subsection (3)(a), include the
51     reasonable costs to restore the property, even if the costs exceed the diminution in value of the
52     property, so long as the property owner has a genuine intent to restore the actual damage
53     caused by the fire.
54          (c) To determine whether a property owner has a genuine intent to restore the actual
55     damage, as described in Subsection (3)(b), the court shall weigh the following factors:
56          (i) how long the property owner has owned the property;
57          (ii) how long the property has been owned by the property owner's family;
58          (iii) the use of the property;

59          (iv) whether the property is improved;
60          (v) whether the property is used as a primary or secondary residence;
61          (vi) whether the property owner has begun or completed the restoration of the property;
62     and
63          (vii) any other factor that may show the owner's intent to restore the property.
64          (d) To determine the reasonableness of costs sought by a property owner, the court
65     shall weigh the following factors:
66          (i) the reasonableness of the proposed restoration in light of the damage to the
67     property;
68          (ii) the costs of the proposed restoration; and
69          (iii) the projected value of the property after the restoration takes place.
70          (4) A person who suffers damage from a wildland fire may pursue all other legal
71     remedies in addition to seeking damages under Subsection (3).
72          Section 2. Section 76-6-104.5 is amended to read:
73          76-6-104.5. Abandoned fire -- Penalties.
74          (1) A person is guilty of abandoning a fire if, under circumstances not amounting to the
75     offense of arson, aggravated arson, or causing a catastrophe under Title 76, Chapter 6, Part 1,
76     Property Destruction, the person leaves a fire:
77          (a) without first completely extinguishing it; and
78          (b) with the intent to not return to the fire.
79          (2) A person does not commit a violation of Subsection (1) if the person leaves a fire to
80     report an uncontrolled fire.
81          (3) A violation of Subsection (1):
82          (a) is a class C misdemeanor if there is no property damage;
83          (b) is a class B misdemeanor if property damage is less than $1,000 in value; and
84          (c) is a class A misdemeanor if property damage is or exceeds $1,000 in value.
85          (4) If a violation of Subsection (1) involves a wildland fire, the violator is also liable
86     for damages and suppression costs [under] as described in Section 65A-3-4.
87          (5) A fire spreading or reigniting is prima facie evidence that the person did not
88     completely extinguish the fire as required by Subsection (1)(a).







Legislative Review Note
Office of Legislative Research and General Counsel