Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 296 (2020GS)

Sponsor

Rep. Snider, C.

Final action

House/ filed 3/12/2020

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• addresses use by a guest of a migratory bird production area under provisions related to limiting landowner liability under certain circumstances; and
• makes technical changes.

Every vote on this bill

Bill text

LIMITATIONS ON LANDOWNER LIABILITY AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Casey Snider
Senate Sponsor: 
 Allen M. Christensen
LONG TITLE
General Description:
This bill addresses limitations on landowner liability.
Highlighted Provisions:
This bill:
▸ addresses use by a guest of a migratory bird production area under provisions
related to limiting landowner liability under certain circumstances; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
57-14-202
, as renumbered and amended by Laws of Utah 2013, Chapter 212
57-14-401
, as last amended by Laws of Utah 2019, Chapter 345
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
57-14-202
 is amended to read:
57-14-202.
Use of private land without charge -- Effect.
(1)
 Except as provided in Subsection 
57-14-204
(1), an owner of land who either
directly or indirectly invites or permits without charge, or for a nominal fee of no more than $1
per year, any person to use the owner's land for any recreational purpose, or an owner of a
public access area open to public recreational access under Title 73, Chapter 29, Public Waters
Access Act, does not:
[
(1)
] 
(a)
 make any representation or extend any assurance that the land is safe for any
purpose;
[
(2)
] 
(b)
 confer upon the person the legal status of an invitee or licensee to whom a
duty of care is owed;
[
(3)
] 
(c)
 assume responsibility for or incur liability for any injury to persons or property
caused by an act or omission of the person or any other person who enters upon the land; or
[
(4)
] 
(d)
 owe any duty to curtail the owner's use of the land during [
its
] 
the land's
 use
for recreational purposes.
(2) The limitations of liability provided in this part apply to the owner of land
designated as a migratory bird production area under Title 23, Chapter 28, Migratory Bird
Production Area, that is owned and operated for any purpose allowed under Title 23, Chapter
28, Migratory Bird Production Area, if:
(a) the owner allows a guest of the owner or a guest of a shareholder or member of the
owner to engage in an activity with a recreational purpose on that land; and
(b) the guest is not charged.
Section 2. Section 
57-14-401
 is amended to read:
57-14-401.
Activities with a recreational purpose on certain lands.
(1) Notwithstanding Section 
57-14-202
 to the contrary, a person may not make a claim
against or recover from an owner of any land 
for personal injury or property damages caused
either directly or indirectly by participating in an activity with a recreational purpose on the
land
, including land
:
(a)
 in developed or improved, urban or semi-rural areas opened to the general public
without charge, such as a lake, pond, park, trail, waterway, or other recreation site[
, for
personal injury or property damage caused either directly or indirectly by participating in an
activity with a recreational purpose on the land.
]
; or
(b) designated as a migratory bird production area under Title 23, Chapter 28,
Migratory Bird Production Area, if the person is invited or permitted to enter the land to
engage in an activity with a recreational purpose as provided in Subsection 
57-14-202
(2).
(2) Nothing in this section may be construed to relieve a person participating in a
recreational purpose from an obligation that the person would have in the absence of this
section to exercise due care or from the legal consequences of a failure to exercise due care.