S.B. 180 Limitations on Landowner Liability Amendments
Bill Sponsor: ![]() Sen. Hemmert, Daniel | Floor Sponsor: ![]() Rep. Brammer, Brady |
- Drafting Attorney: Amy L. West
- Fiscal Analyst: Andrea Wilko
- Bill Text
- Introduced
- Amended
- Enrolled
(Currently Displayed)
- Introduced
- Related Documents
- Information
- Last Action: 26 Mar 2019, Governor Signed
- Last Location: Lieutenant Governor's office for filing
- Effective Date: 14 May 2019
- Session Law Chapter: 345
- Similar Bills
Enrolled
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S.B. 180
1 LIMITATIONS ON LANDOWNER LIABILITY AMENDMENTS
22019 GENERAL SESSION
3STATE OF UTAH
4Chief Sponsor: Daniel Hemmert
5House Sponsor: Brady Brammer
6
7 LONG TITLE
8 General Description:
9 This bill amends and enacts provisions related to landowner liability in certain
10 circumstances.
11 Highlighted Provisions:
12 This bill:
13 ▸ amends definitions;
14 ▸ amends the liability of landowners in certain circumstances involving an activity
15 with a recreational purpose;
16 ▸ limits the available noneconomic damages in a claim against a landowner; and
17 ▸ makes technical and conforming changes.
18 Money Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 None
22 Utah Code Sections Affected:
23 AMENDS:
24 57-14-102, as last amended by Laws of Utah 2013, Chapter 278 and renumbered and
25 amended by Laws of Utah 2013, Chapter 212
26 57-14-401, as enacted by Laws of Utah 2013, Chapter 212
27 ENACTS:
28 57-14-501, Utah Code Annotated 1953
29
30 Be it enacted by the Legislature of the state of Utah:
31 Section 1. Section 57-14-102 is amended to read:
32 57-14-102. Definitions.
33 As used in this chapter:
34 (1) "Charge" means the admission price or fee asked in return for permission to enter
35 or go upon the land.
36 (2) "Child" means an individual who is 16 years of age or younger.
37 [(3) "Inherent risks" means those dangers, conditions, and potentials for personal injury
38or property damage that are an integral and natural part of participating in an activity for a
39recreational purpose.]
40 [(4)] (3) (a) "Land" means any land within the state boundaries.
41 (b) "Land" includes roads, railway corridors, water, water courses, private ways and
42 buildings, structures, and machinery or equipment when attached to the realty.
43 [(5)] (4) "Owner" means the possessor of any interest in the land, whether public or
44 private land, including a tenant, a lessor, a lessee, an occupant, or person in control of the land.
45 [(6)] (5) "Person" includes any person, regardless of age, maturity, or experience, who
46 enters upon or uses land for recreational purposes.
47 [(7)] (6) "Recreational purpose" includes, but is not limited to, any of the following or
48 any combination thereof:
49 (a) hunting;
50 (b) fishing;
51 (c) swimming;
52 (d) skiing;
53 (e) snowshoeing;
54 (f) camping;
55 (g) picnicking;
56 (h) hiking;
57 (i) studying nature;
58 (j) waterskiing;
59 (k) engaging in water sports;
60 (l) engaging in equestrian activities;
61 (m) using boats;
62 (n) mountain biking;
63 (o) riding narrow gauge rail cars on a narrow gauge track that does not exceed 24 inch
64 gauge;
65 (p) using off-highway vehicles or recreational vehicles;
66 (q) viewing or enjoying historical, archaeological, scenic, or scientific sites;
67 (r) aircraft operations; and
68 (s) equestrian activity, skateboarding, skydiving, paragliding, hang gliding, roller
69 skating, ice skating, walking, running, jogging, bike riding, or in-line skating.
70 [(8)] (7) "Serious physical injury" means any physical injury or set of physical injuries
71 that:
72 (a) seriously impairs a person's health;
73 (b) was caused by use of a dangerous weapon as defined in Section 76-1-601;
74 (c) involves physical torture or causes serious emotional harm to a person; or
75 (d) creates a reasonable risk of death.
76 [(9)] (8) "Trespasser" means a person who enters on the land of another without:
77 (a) express or implied permission; or
78 (b) invitation.
79 Section 2. Section 57-14-401 is amended to read:
80Part 4. Activities with a Recreational Purpose on Certain Lands
81 57-14-401. Activities with a recreational purpose on certain lands.
82 (1) Notwithstanding Section 57-14-202 to the contrary, a person may not make a claim
83 against or recover from an owner of any land, [as defined in this chapter,] including land in
84 developed or improved, urban or semi-rural areas opened to the general public without charge,
85 such as a lake, pond, park, trail, waterway, or other recreation site, for personal injury or
86 property damage caused [by the inherent risks of] either directly or indirectly by participating in
87 an activity with a recreational purpose on the land.
88 (2) Nothing in this section may be construed to relieve a person participating in a
89 recreational purpose from an obligation that the person would have in the absence of this
90 section to exercise due care or from the legal consequences of a failure to exercise due care.
91 Section 3. Section 57-14-501 is enacted to read:
92Part 5. Limitation on Award
93 57-14-501. Limitation of award of noneconomic damages.
94 (1) In an action arising on or after May 14, 2019, against an owner of land for an injury
95 to a person or damage to property, if a plaintiff is awarded noneconomic losses, the amount of
96 the award for noneconomic losses may not exceed $450,000.
97 (2) The limit described in Subsection (1) does not apply to:
98 (a) an award of punitive damages;
99 (b) a claim for wrongful death; or
100 (c) a liability described in Subsection 57-14-204(1).
2
3
4
5
6
7 LONG TITLE
8 General Description:
9 This bill amends and enacts provisions related to landowner liability in certain
10 circumstances.
11 Highlighted Provisions:
12 This bill:
13 ▸ amends definitions;
14 ▸ amends the liability of landowners in certain circumstances involving an activity
15 with a recreational purpose;
16 ▸ limits the available noneconomic damages in a claim against a landowner; and
17 ▸ makes technical and conforming changes.
18 Money Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 None
22 Utah Code Sections Affected:
23 AMENDS:
24 57-14-102, as last amended by Laws of Utah 2013, Chapter 278 and renumbered and
25 amended by Laws of Utah 2013, Chapter 212
26 57-14-401, as enacted by Laws of Utah 2013, Chapter 212
27 ENACTS:
28 57-14-501, Utah Code Annotated 1953
29
30 Be it enacted by the Legislature of the state of Utah:
31 Section 1. Section 57-14-102 is amended to read:
32 57-14-102. Definitions.
33 As used in this chapter:
34 (1) "Charge" means the admission price or fee asked in return for permission to enter
35 or go upon the land.
36 (2) "Child" means an individual who is 16 years of age or younger.
37 [
38
39
40 [
41 (b) "Land" includes roads, railway corridors, water, water courses, private ways and
42 buildings, structures, and machinery or equipment when attached to the realty.
43 [
44 private land, including a tenant, a lessor, a lessee, an occupant, or person in control of the land.
45 [
46 enters upon or uses land for recreational purposes.
47 [
48 any combination thereof:
49 (a) hunting;
50 (b) fishing;
51 (c) swimming;
52 (d) skiing;
53 (e) snowshoeing;
54 (f) camping;
55 (g) picnicking;
56 (h) hiking;
57 (i) studying nature;
58 (j) waterskiing;
59 (k) engaging in water sports;
60 (l) engaging in equestrian activities;
61 (m) using boats;
62 (n) mountain biking;
63 (o) riding narrow gauge rail cars on a narrow gauge track that does not exceed 24 inch
64 gauge;
65 (p) using off-highway vehicles or recreational vehicles;
66 (q) viewing or enjoying historical, archaeological, scenic, or scientific sites;
67 (r) aircraft operations; and
68 (s) equestrian activity, skateboarding, skydiving, paragliding, hang gliding, roller
69 skating, ice skating, walking, running, jogging, bike riding, or in-line skating.
70 [
71 that:
72 (a) seriously impairs a person's health;
73 (b) was caused by use of a dangerous weapon as defined in Section 76-1-601;
74 (c) involves physical torture or causes serious emotional harm to a person; or
75 (d) creates a reasonable risk of death.
76 [
77 (a) express or implied permission; or
78 (b) invitation.
79 Section 2. Section 57-14-401 is amended to read:
80
81 57-14-401. Activities with a recreational purpose on certain lands.
82 (1) Notwithstanding Section 57-14-202 to the contrary, a person may not make a claim
83 against or recover from an owner of any land, [
84 developed or improved, urban or semi-rural areas opened to the general public without charge,
85 such as a lake, pond, park, trail, waterway, or other recreation site, for personal injury or
86 property damage caused [
87 an activity with a recreational purpose on the land.
88 (2) Nothing in this section may be construed to relieve a person participating in a
89 recreational purpose from an obligation that the person would have in the absence of this
90 section to exercise due care or from the legal consequences of a failure to exercise due care.
91 Section 3. Section 57-14-501 is enacted to read:
92
93 57-14-501. Limitation of award of noneconomic damages.
94 (1) In an action arising on or after May 14, 2019, against an owner of land for an injury
95 to a person or damage to property, if a plaintiff is awarded noneconomic losses, the amount of
96 the award for noneconomic losses may not exceed $450,000.
97 (2) The limit described in Subsection (1) does not apply to:
98 (a) an award of punitive damages;
99 (b) a claim for wrongful death; or
100 (c) a liability described in Subsection 57-14-204(1).
Bill Status / Votes
• Senate Actions • House Actions • Fiscal Actions • Other Actions
Date | Action | Location | Vote |
2/18/2019 | Bill Numbered but not Distributed | Legislative Research and General Counsel | |
2/18/2019 | Numbered Bill Publicly Distributed | Legislative Research and General Counsel | |
2/18/2019 | LFA/ bill sent to agencies for fiscal input | Legislative Research and General Counsel | |
2/19/2019 | Senate/ received bill from Legislative Research | Waiting for Introduction in the Senate | |
2/19/2019 | Senate/ 1st reading (Introduced) | Senate Rules Committee | |
2/20/2019 | LFA/ fiscal note publicly available | Senate Rules Committee | |
2/20/2019 | Senate/ received fiscal note from Fiscal Analyst | Senate Rules Committee | |
2/21/2019 | Senate/ to standing committee | Senate Business and Labor Committee | |
2/22/2019 | Senate Comm - Not Considered | Senate Business and Labor Committee | |
2/26/2019 | Senate Comm - Amendment Recommendation # 1 | Senate Business and Labor Committee | 6 0 2 |
2/26/2019 | Senate Comm - Favorable Recommendation | Senate Business and Labor Committee | 7 1 0 |
2/26/2019 (2:16:54 PM) | Senate/ comm rpt/ amended | Senate Business and Labor Committee | |
2/26/2019 (2:16:55 PM) | Senate/ placed on 2nd Reading Calendar | Senate 2nd Reading Calendar | |
3/1/2019 (3:25:06 PM) | Senate/ 2nd reading | Senate 2nd Reading Calendar | |
3/1/2019 (3:37:00 PM) | Senate/ passed 2nd reading | Senate 3rd Reading Calendar | 21 4 4 |
3/4/2019 (11:01:40 AM) | Senate/ 3rd reading | Senate 3rd Reading Calendar | |
3/4/2019 (11:02:18 AM) | Senate/ circled | Senate 3rd Reading Calendar | Voice vote |
3/5/2019 (11:10:11 AM) | Senate/ uncircled | Senate 3rd Reading Calendar | Voice vote |
3/5/2019 (11:14:07 AM) | Senate/ floor amendment # 2 | Senate 3rd Reading Calendar | Voice vote |
3/5/2019 (11:18:16 AM) | Senate/ passed 3rd reading | Clerk of the House | 23 4 2 |
3/5/2019 (11:18:17 AM) | Senate/ to House | Clerk of the House | |
3/5/2019 | House/ received from Senate | Clerk of the House | |
3/5/2019 | House/ 1st reading (Introduced) | House Rules Committee | |
3/6/2019 | House/ to standing committee | House Judiciary Committee | |
3/8/2019 | House Comm - Favorable Recommendation | House Judiciary Committee | 8 2 2 |
3/8/2019 (12:05:37 PM) | House/ committee report favorable | House Judiciary Committee | |
3/8/2019 (12:05:38 PM) | House/ 2nd reading | House 3rd Reading Calendar for Senate bills | |
3/12/2019 (2:21:52 PM) | House/ 3rd reading | House 3rd Reading Calendar for Senate bills | |
3/12/2019 (2:23:58 PM) | House/ passed 3rd reading | House Speaker | 57 18 0 |
3/12/2019 (2:23:59 PM) | House/ signed by Speaker/ returned to Senate | Senate President | |
3/12/2019 (2:24:00 PM) | House/ to Senate | Senate President | |
3/12/2019 | Senate/ received from House | Senate President | |
3/12/2019 | Senate/ signed by President/ sent for enrolling | Legislative Research and General Counsel / Enrolling | |
3/13/2019 | Bill Received from Senate for Enrolling | Legislative Research and General Counsel / Enrolling | |
3/13/2019 | Draft of Enrolled Bill Prepared | Legislative Research and General Counsel / Enrolling | |
3/21/2019 | Enrolled Bill Returned to House or Senate | Senate Secretary | |
3/21/2019 | Senate/ enrolled bill to Printing | Senate Secretary | |
3/22/2019 | Senate/ received enrolled bill from Printing | Senate Secretary | |
3/22/2019 | Senate/ to Governor | Executive Branch - Governor | |
3/26/2019 | Governor Signed | Lieutenant Governor's office for filing |
Committee Hearings/Floor Debate
- Committee Hearings
- Floor Debates
- Senate Floor Audio, Day 32 (3/1/2019) [SB180 Limitations on Landowner Liability Amendments, Hemmert]
- Senate Floor Audio, Day 35 (3/4/2019) [SB180 Limitations on Landowner Liability Amendments, Hemmert]
- Senate Floor Audio, Day 36 (3/5/2019) [SB180 Limitations on Landowner Liability Amendments, Hemmert]
- House Floor Audio, Day 43 (3/12/2019) [SB180]