Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 176 Second Substitute (2015GS)

Sponsor

Sen. Bramble, C.

Final action

Governor Signed 3/30/2015

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• provides that immunity is retained unless expressly waived;
• modifies provisions relating to governmental immunity;
• modifies language relating to actions that constitute an exception to a waiver of governmental immunity, replacing that language with language indicating that immunity is not waived for an injury under specified conditions; and
• makes other technical and conforming changes.

Every vote on this bill

Bill text

GOVERNMENTAL IMMUNITY ACT AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Curtis S. Bramble
House Sponsor: 
Keven J. Stratton
LONG TITLE
General Description:
This bill modifies provisions of the Governmental Immunity Act of Utah.
Highlighted Provisions:
This bill:
▸ provides that immunity is retained unless expressly waived;
▸ modifies provisions relating to governmental immunity;
▸ modifies language relating to actions that constitute an exception to a waiver of
governmental immunity, replacing that language with language indicating that
immunity is not waived for an injury under specified conditions; and
▸ makes other technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
53A-3-413
, as last amended by Laws of Utah 2014, Chapter 73
63G-7-101
, as renumbered and amended by Laws of Utah 2008, Chapter 382
63G-7-201
, as last amended by Laws of Utah 2012, Chapter 24
63G-7-301
, as last amended by Laws of Utah 2014, Chapter 145
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
53A-3-413
 is amended to read:
53A-3-413.
Use of public school buildings and grounds as civic centers.
(1) As used in this section, "civic center" means a public school building or ground that
is established and maintained as a limited public forum to district residents for supervised
recreational activities and meetings.
(2) Except as provided in Subsection (3), all public school buildings and grounds shall
be civic centers.
(3) The use of school property for a civic center purpose:
(a) may not interfere with a school function or purpose; and
(b) is considered a permit for governmental immunity purposes for a governmental
entity under Subsection [
63G-7-301
(5)(c)
] 
63G-7-201
(4)(c)
.
Section 2. Section 
63G-7-101
 is amended to read:
63G-7-101.
Title -- Scope of waivers and retentions of immunity.
(1) This chapter is known as the "Governmental Immunity Act of Utah."
(2) [
(a)
] The 
scope of the
 waivers and retentions of immunity found in this
comprehensive
 chapter [
apply
]
:
(a) applies
 to all functions of government, no matter how labeled[
.
]
; and
(b) [
This single, comprehensive chapter
] governs all claims against governmental
entities or against their employees or agents arising out of the performance of the employee's
duties, within the scope of employment, or under color of authority.
(3) A governmental entity and an employee of a governmental entity retain immunity
from suit unless that immunity has been expressly waived in this chapter.
Section 3. Section 
63G-7-201
 is amended to read:
63G-7-201.
Immunity of governmental entities and employees from suit.
(1) Except as [
may be
] otherwise provided in this chapter, each governmental entity
and each employee of a governmental entity are immune from suit for any injury that results
from the exercise of a governmental function.
(2) Notwithstanding the waiver of immunity provisions of Section 
63G-7-301
, a
governmental entity, its officers, and its employees are immune from suit for any injury or
damage resulting from the implementation of or the failure to implement measures to:
(a) control the causes of epidemic and communicable diseases and other conditions
significantly affecting the public health or necessary to protect the public health as set out in
Title 26A, Chapter 1, Local Health Departments;
(b) investigate and control suspected bioterrorism and disease as set out in Title 26,
Chapter 23b, Detection of Public Health Emergencies Act;
(c) respond to a national, state, or local emergency, a public health emergency as
defined in Section 
26-23b-102
, or a declaration by the President of the United States or other
federal official requesting public health related activities; and
(d) adopt methods or measures, in accordance with Section 
26-1-30
, for health care
providers, public health entities, and health care insurers to coordinate among themselves to
verify the identity of the individuals they serve.
(3) A governmental entity, its officers, and its employees are immune from suit, and
immunity is not waived, for any injury if the injury arises out of or in connection with, or
results from:
(a) a latent dangerous or latent defective condition of:
(i) any highway, road, street, alley, crosswalk, sidewalk, culvert, tunnel, bridge, or
viaduct; or
(ii) another structure located on any of the items listed in Subsection (3)(a)(i); or
(b) a latent dangerous or latent defective condition of any public building, structure,
dam, reservoir, or other public improvement.
(4) A governmental entity, its officers, and its employees are immune from suit, and
immunity is not waived, for any injury proximately caused by a negligent act or omission of an
employee committed within the scope of employment, if the injury arises out of or in
connection with, or results from:
(a) the exercise or performance, or the failure to exercise or perform, a discretionary
function, whether or not the discretion is abused;
(b) assault, battery, false imprisonment, false arrest, malicious prosecution, intentional
trespass, abuse of process, libel, slander, deceit, interference with contract rights, infliction of
mental anguish, or violation of civil rights;
(c) the issuance, denial, suspension, or revocation of, or the failure or refusal to issue,
deny, suspend, or revoke, any permit, license, certificate, approval, order, or similar
authorization;
(d) a failure to make an inspection or making an inadequate or negligent inspection;
(e) the institution or prosecution of any judicial or administrative proceeding, even if
malicious or without probable cause;
(f) a misrepresentation by an employee whether or not the misrepresentation is
negligent or intentional;
(g) a riot, unlawful assembly, public demonstration, mob violence, or civil disturbance;
(h) the collection or assessment of taxes;
(i) an activity of the Utah National Guard;
(j) the incarceration of a person in a state prison, county or city jail, or other place of
legal confinement;
(k) a natural condition on publicly owned or controlled land;
(l) a condition existing in connection with an abandoned mine or mining operation;
(m) an activity authorized by the School and Institutional Trust Lands Administration
or the Division of Forestry, Fire, and State Lands;
(n) the operation or existence of a pedestrian or equestrian trail that is along a ditch,
canal, stream, or river, regardless of ownership or operation of the ditch, canal, stream, or river,
if:
(i) the trail is designated under a general plan adopted by a municipality under Section
10-9a-401
 or by a county under Section 
17-27a-401
;
(ii) the trail right-of-way or the right-of-way where the trail is located is open to public
use as evidenced by a written agreement between:
(A) the owner or operator of the trail right-of-way or of the right-of-way where the trail
is located; and
(B) the municipality or county where the trail is located; and
(iii) the written agreement:
(A) contains a plan for operation and maintenance of the trail; and
(B) provides that an owner or operator of the trail right-of-way or of the right-of-way
where the trail is located has, at a minimum, the same level of immunity from suit as the
governmental entity in connection with or resulting from the use of the trail;
(o) research or implementation of cloud management or seeding for the clearing of fog;
(p) the management of flood waters, earthquakes, or natural disasters;
(q) the construction, repair, or operation of flood or storm systems;
(r) the operation of an emergency vehicle, while being driven in accordance with the
requirements of Section 
41-6a-212
;
(s) the activity of:
(i) providing emergency medical assistance;
(ii) fighting fire;
(iii) regulating, mitigating, or handling hazardous materials or hazardous wastes;
(iv) an emergency evacuation;
(v) transporting or removing an injured person to a place where emergency medical
assistance can be rendered or where the person can be transported by a licensed ambulance
service; or
(vi) intervening during a dam emergency;
(t) the exercise or performance, or the failure to exercise or perform, any function
pursuant to Title 73, Chapter 10, Board of Water Resources - Division of Water Resources;
(u) an unauthorized access to government records, data, or electronic information
systems by any person or entity; or
(v) an activity of wildlife, as defined in Section 
23-13-2
, that arises during the use of a
public or private road.
Section 4. Section 
63G-7-301
 is amended to read:
63G-7-301.
Waivers of immunity.
(1) (a) Immunity from suit of each governmental entity is waived as to any contractual
obligation.
(b) Actions arising out of contractual rights or obligations are not subject to the
requirements of Sections 
63G-7-401
, 
63G-7-402
, 
63G-7-403
, or 
63G-7-601
.
(c) The Division of Water Resources is not liable for failure to deliver water from a
reservoir or associated facility authorized by Title 73, Chapter 26, Bear River Development
Act, if the failure to deliver the contractual amount of water is due to drought, other natural
condition, or safety condition that causes a deficiency in the amount of available water.
(2) Immunity from suit of each governmental entity is waived:
(a) as to any action brought to recover, obtain possession of, or quiet title to real or
personal property;
(b) as to any action brought to foreclose mortgages or other liens on real or personal
property, to determine any adverse claim on real or personal property, or to obtain an
adjudication about any mortgage or other lien that the governmental entity may have or claim
on real or personal property;
(c) as to any action based on the negligent destruction, damage, or loss of goods,
merchandise, or other property while it is in the possession of any governmental entity or
employee, if the property was seized for the purpose of forfeiture under any provision of state
law;
(d) subject to Subsection 
63G-7-302
(1), as to any action brought under the authority of
[
Article I, Section 22, of the
] Utah Constitution, 
Article I, Section 22,
 for the recovery of
compensation from the governmental entity when the governmental entity has taken or
damaged private property for public uses without just compensation;
(e) subject to Subsection 
63G-7-302
(2), as to any action brought to recover attorney
fees under Sections 
63G-2-405
 and 
63G-2-802
;
(f) for actual damages under Title 67, Chapter 21, Utah Protection of Public Employees
Act; [
or
]
(g) as to any action brought to obtain relief from a land use regulation that imposes a
substantial burden on the free exercise of religion under Title 63L, Chapter 5, Utah Religious
Land Use Act[
.
]
;
[
(3) (a) Except as provided in Subsection (3)(b), immunity from suit of each
governmental entity is waived as to any injury caused by:
]
[
(i) a defective, unsafe, or dangerous condition of any highway, road, street, alley,
crosswalk, sidewalk, culvert, tunnel, bridge, viaduct, or other structure located on them; or
]
[
(ii) any defective or dangerous condition of a public building, structure, dam,
reservoir, or other public improvement.
]
[
(b) Immunity from suit of each governmental entity is not waived if the injury arises
out of, in connection with, or results from:
]
[
(i) a latent dangerous or latent defective condition of any highway, road, street, alley,
crosswalk, sidewalk, culvert, tunnel, bridge, viaduct, or other structure located on them; or
]
[
(ii) a latent dangerous or latent defective condition of any public building, structure,
dam, reservoir, or other public improvement.
]
[
(4) Immunity from suit of each governmental entity is waived
]
(h) except as provided in Subsection 
63G-7-201
(3), as to any injury caused by:
(i) a defective, unsafe, or dangerous condition of any highway, road, street, alley,
crosswalk, sidewalk, culvert, tunnel, bridge, viaduct, or other structure located on them; or
(ii) any defective or dangerous condition of a public building, structure, dam, reservoir,
or other public improvement; and
(i) subject to Subsection 
63G-7-201
(4
),
 as to any injury proximately caused by a
negligent act or omission of an employee committed within the scope of employment.
[
(5) Immunity from suit of each governmental entity is not waived under Subsections
(3) and (4) if the injury arises out of, in connection with, or results from:
]
[
(a) the exercise or performance, or the failure to exercise or perform, a discretionary
function, whether or not the discretion is abused;
]
[
(b) assault, battery, false imprisonment, false arrest, malicious prosecution, intentional
trespass, abuse of process, libel, slander, deceit, interference with contract rights, infliction of
mental anguish, or violation of civil rights;
]
[
(c) the issuance, denial, suspension, or revocation of, or by the failure or refusal to
issue, deny, suspend, or revoke, any permit, license, certificate, approval, order, or similar
authorization;
]
[
(d) a failure to make an inspection or by making an inadequate or negligent
inspection;
]
[
(e) the institution or prosecution of any judicial or administrative proceeding, even if
malicious or without probable cause;
]
[
(f) a misrepresentation by an employee whether or not it is negligent or intentional;
]
[
(g) riots, unlawful assemblies, public demonstrations, mob violence, and civil
disturbances;
]
[
(h) the collection of and assessment of taxes;
]
[
(i) the activities of the Utah National Guard;
]
[
(j) the incarceration of any person in any state prison, county or city jail, or other place
of legal confinement;
]
[
(k) any natural condition on publicly owned or controlled lands;
]
[
(l) any condition existing in connection with an abandoned mine or mining operation;
]
[
(m) any activity authorized by the School and Institutional Trust Lands Administration
or the Division of Forestry, Fire, and State Lands;
]
[
(n) the operation or existence of a pedestrian or equestrian trail that is along a ditch,
canal, stream, or river, regardless of ownership or operation of the ditch, canal, stream, or river,
if:
]
[
(i) the trail is designated under a general plan adopted by a municipality under Section
10-9a-401
 or by a county under Section 
17-27a-401
;
]
[
(ii) the trail right-of-way or the right-of-way where the trail is located is open to public
use as evidenced by a written agreement between the owner or operator of the trail
right-of-way, or of the right-of-way where the trail is located, and the municipality or county
where the trail is located; and
]
[
(iii) the written agreement:
]
[
(A) contains a plan for operation and maintenance of the trail; and
]
[
(B) provides that an owner or operator of the trail right-of-way or of the right-of-way
where the trail is located has, at minimum, the same level of immunity from suit as the
governmental entity in connection with or resulting from the use of the trail.
]
[
(o) research or implementation of cloud management or seeding for the clearing of
fog;
]
[
(p) the management of flood waters, earthquakes, or natural disasters;
]
[
(q) the construction, repair, or operation of flood or storm systems;
]
[
(r) the operation of an emergency vehicle, while being driven in accordance with the
requirements of Section 
41-6a-212
;
]
[
(s) the activities of:
]
[
(i) providing emergency medical assistance;
]
[
(ii) fighting fire;
]
[
(iii) regulating, mitigating, or handling hazardous materials or hazardous wastes;
]
[
(iv) emergency evacuations;
]
[
(v) transporting or removing injured persons to a place where emergency medical
assistance can be rendered or where the person can be transported by a licensed ambulance
service; or
]
[
(vi) intervening during dam emergencies;
]
[
(t) the exercise or performance, or the failure to exercise or perform, any function
pursuant to Title 73, Chapter 10, Board of Water Resources - Division of Water Resources;
]
[
(u) unauthorized access to government records, data, or electronic information
systems by any person or entity; or
]
[
(v) injury related to the activity of wildlife, as defined in Section 
23-13-2
, that arises
during the use of a public or private road.
]