Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 77 Fourth Substitute (2021GS)

Sponsor

Rep. Acton, C.K.

Final action

Governor Signed 3/17/2021

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• establishes requirements for aircraft public liability insurance coverage;
• requires an owner of an aircraft to provide proof of public liability insurance as part of a lease agreement with a term of six months or more between the aircraft owner and a public airport; and
• makes technical changes.

Every vote on this bill

Bill text

AVIATION LIABILITY INSURANCE AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Cheryl K. Acton
Senate Sponsor: 
Wayne A. Harper
LONG TITLE
General Description:
This bill amends provisions related to aircraft liability insurance requirements. 
Highlighted Provisions:
This bill:
▸ establishes requirements for aircraft public liability insurance coverage;
▸ requires an owner of an aircraft to provide proof of public liability insurance as part
of a lease agreement with a term of six months or more between the aircraft owner
and a public airport; and
▸ makes technical changes. 
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
31A-22-1300
, as last amended by Laws of Utah 1998, Chapter 270
72-10-117
, as last amended by Laws of Utah 2019, Chapter 431
ENACTS:
72-10-111.5
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
31A-22-1300
 is amended to read:
31A-22-1300.
Aircraft public liability insurance.
[
Subsections 
72-10-117
(5) and (6) apply to aircraft liability insurance.
]
Policies containing aircraft public liability insurance coverage for an aircraft shall
include minimum coverage of:
(1) $50,000 per person for bodily injury or death in any one accident;
(2) $50,000 for property damage in any one accident; and
(3) $100,000 in any one accident, whether for property damage, or bodily injury or
death.
Section 2. Section 
72-10-111.5
 is enacted to read:
 72-10-111.5.
Aircraft public liability insurance requirements -- Proof of public
liability insurance.
(1) Subject to Subsection (2), an aircraft owner shall:
(a) maintain public liability insurance coverage for the aircraft that conforms to the
requirements described in Section 
31A-22-1300
; and
(b) provide a certificate of insurance issued by an insurer as proof of the owner's valid
public liability insurance covering the aircraft as part of any lease agreement with a term of six
months or more between the aircraft owner and a public airport.
(2) Subsection (1) applies to an aircraft only if the aircraft is:
(a) an operable fixed-wing aircraft; and
(b) used for flight.
Section 3. Section 
72-10-117
 is amended to read:
72-10-117.
Aircraft landing permits -- Eligible aircraft -- Special licenses -- Rules
-- Proof of insurance -- Bonds.
(1) (a) The county executive of any county may issue [
permits
] 
a permit
 authorizing 
an
aircraft to land on or take off from designated county roads.
(b) [
Permits may be issued
] 
The county executive of any county may issue a permit
 to
an
 aircraft operated:
(i) as 
an
 air [
ambulances
] 
ambulance
;
(ii) as 
a
 pesticide [
applicators
] 
applicator
; or
(iii) by or under contract with 
a
 public [
utilities
] 
utility
 and used in connection with
inspection, maintenance, installation, operation, construction, or repair of property owned or
operated by the public utility.
(2) [
Permits may also be issued by the county executive
] 
The county executive of any
county may issue a permit under this section
 to other aircraft under rules made by the
department.
(3) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
the department shall make rules for issuing a special license to:
(i) an aircraft permitted by a county executive to land on a county road; and
(ii) a pilot permitted to operate an aircraft licensed under this subsection from a county
road.
(b) The rules made under this subsection shall include provisions for the safety of the
flying and motoring public.
(4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
department shall make rules for the landing and taking off of aircraft to which permits have
been issued 
under this section
, which may include annual reports of activities of the aircraft.
(5) [
Prior to obtaining a permit or license to any aircraft
] 
Before obtaining a permit or
license under this section
, the applicant shall file with the county executive and the department
[
a certificate of insurance executed by an insurance company or association authorized to
transact business in this state upon a form prescribed by the department that there is in full
force and effect a policy of insurance covering the aircraft for liability against:
] 
proof of public
liability insurance coverage that meets the requirements described in Section 
31A-22-1300
.
[
(a) personal injury or death for any one person in an amount of $50,000 or more;
]
[
(b) any one accident in an amount of $100,000 or more; and
]
[
(c) property damage in an amount of $50,000 or more.
]
(6) In addition to the insurance required under this section, either the county executive
or the department may require the posting of a bond to indemnify the county or department
against liability resulting from issuing the permit or license 
under this section
.