Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 346 (2020GS)

Sponsor

Rep. Brammer, B.

Final action

Governor Signed 3/24/2020

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• provides that scooter riding is a recreational activity for the purpose of a claim that is brought for a personal injury or property damage resulting from the inherent risks of a recreational activity; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

RECREATIONAL ACTIVITY RISKS AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Brady Brammer
Senate Sponsor: 
Jani Iwamoto
LONG TITLE
General Description:
This bill amends provisions regarding liability for a recreational activity.
Highlighted Provisions:
This bill:
▸ provides that scooter riding is a recreational activity for the purpose of a claim that
is brought for a personal injury or property damage resulting from the inherent risks
of a recreational activity; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
78B-4-509
, as last amended by Laws of Utah 2008, Chapter 360 and renumbered and
amended by Laws of Utah 2008, Chapter 3
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
78B-4-509
 is amended to read:
78B-4-509.
Inherent risks of certain recreational activities -- Claim barred
against county or municipality -- No effect on duty or liability of person participating in
recreational activity or other person.
(1) As used in this section:
(a) "Inherent risks" means [
those dangers, conditions, and potentials for personal injury
or property damage that are
] 
any danger, condition, and potential for personal injury or
property damage that is
 an integral and natural part of participating in a recreational activity.
(b) "Municipality" [
has the meaning as
] 
means the same as that term is
 defined in
Section 
10-1-104
.
(c) "Person" [
includes
] 
means:
(i)
 an individual, regardless of age, maturity, ability, capability, or experience[
,
]
;
 and
(ii)
 a corporation, partnership, limited liability company, or any other form of business
enterprise.
(d) "Recreational activity" includes a rodeo, an equestrian activity, skateboarding,
skydiving, para gliding, hang gliding, roller skating, ice skating, fishing, hiking, walking,
running, jogging, bike riding, 
scooter riding,
 or in-line skating on property:
(i) owned, leased, or rented by, or otherwise made available to:
(A) with respect to a claim against a county, the county; and
(B) with respect to a claim against a municipality, the municipality; and
(ii) intended for the specific use in question.
(2) Notwithstanding [
anything in
] Sections 
78B-5-817
 through 
78B-5-823
 [
to the
contrary
], no person may make a claim against or recover from any of the following entities for
personal injury or property damage resulting from any of the inherent risks of participating in a
recreational activity:
(a) a county, municipality, local district under Title 17B, Limited Purpose Local
Government Entities - Local Districts, or special service district under Title 17D, Chapter 1,
Special Service District Act; or
(b) the owner of property that is leased, rented, or otherwise made available to a
county, municipality, local district, or special service district for the purpose of providing or
operating a recreational activity.
(3) (a) Nothing in this section may be construed to relieve a person participating in a
recreational activity 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.
(b) Nothing in this section may be construed to relieve any other person 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.