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This is a revision of HB 227 sponsored by D. Brown in 2003
HOUSE BILL NO.
INTRODUCED BY A BILL FOR AN ACT ENTITLED: "AN ACT CREATING THE MONTANA RECREATION SAFETY ACT
PROVIDING THAT A PERSON WHO ENGAGES IN A SPORT OR RECREATIONAL
OPPORTUNITY ASSUMES THE INHERENT RISKS IN THAT SPORT OR RECREATIONAL
OPPORTUNITY AND IS RESPONSIBLE FOR INJURIES AND DAMAGES RESULTING FROM
THOSE INHERENT RISKS
LIMITING THE LIABILITY OF THE PROVIDERS OF A SPORT OR RECREATIONAL
OPPORTUNITY CLARIFYING THAT A PROVIDER IS NOT REQUIRED TO ELIMINATE,
ALTER, OR CONTROL THE INHERENT RISKS WITHIN A PARTICULAR SPORT OR
RECREATIONAL OPPORTUNITY SUBSTITUTING THE NEW RECREATION SAFETY
STANDARD FOR FORMER RECREATIONIST RESPONSIBILITY LAWS REGARDING SKIING,
SNOWMOBILING, OFF-HIGHWAY VEHICLE USE, AND EQUINE ACTIVITIES
LIMITING GOVERNMENTAL LIABILITY
REPEALING SECTIONS 23-2-651, 23-2-652, 23-2-653, 23-2-654, 23-2-731,
23-2-733, 23-2-736, 23-2-822, 27-1-725, 27-1-726, 27-1-727, AND
27-1-728, MCA
AND PROVIDING AN IMMEDIATE EFFECTIVE DATE." WHEREAS, all
sports and recreational activities involve inherent risks that provide
the challenge and excitement that entice recreationists to participate
in those activities and
WHEREAS, recreationists should accept the risks inherent in sports and
recreational activities and be responsible for injury or damage
resulting from those inherent risks and
WHEREAS, the state has a legitimate interest in maintaining the
economic viability of the sports and recreation industries by
discouraging claims based on damages resulting from risks inherent in a
sport or recreational activity
WHEREAS, providers of recreational opportunities should not be required
to alter the challenge and excitement of recreational activities by
controlling risks inherent in the activities and
WHEREAS, the liability of providers of recreational opportunities
should be limited to negligence that is not associated with the
inherent risks of a sport or recreational activity.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
NEW SECTION. Section 1. Short title -- purpose. (1)
[Sections 1 through 3] may be cited as the "Montana Recreation Safety
Act".
(2) The legislature finds that sports and recreational activities are
major industries in Montana and that among the attractions of sports
and recreation are risks, inherent and otherwise. The state has a
legitimate interest in maintaining the economic viability of the sports
and recreation industries by discouraging claims based on damages
resulting from risks inherent in sports and recreation.
(3) The purpose of [sections 1 through 3] is to limit or eliminate the
liability of a provider of a sport or recreational opportunity to a
sport or recreation participant when an injury or damage caused by or
to the participant is the result of risks inherent in the sport or
recreational opportunity.
(4) The legislature intends that [sections 1 through 3] be broadly
construed to effectuate the purpose of [sections 1 through 3] to shield
providers of a sport or recreational opportunity from liability for
injuries and damages caused by the inherent risks of a recreational
activity.
NEW SECTION. Section 2. Definitions. As used in [sections 1 through 3], the following definitions apply:
(1) "Inherent risks" means those dangers or conditions that are
characteristic of, intrinsic to, or an integral part of any sport or
recreational activity.
(2) "Provider" means a person or governmental entity that promotes,
offers, or conducts a sport or recreational opportunity, for profit or
otherwise.
(3) (a) "Sport or recreational opportunity" means any commonly
understood sporting activity, whether undertaken with or without
permission, including but not limited to competitive or recreational
shooting, activities at a shooting range, firearm safety instruction, gun shows,
baseball, softball, football, soccer, basketball, bicycling, hiking,
swimming, boating, hockey, dude ranching, nordic or alpine skiing, snow
boarding, snow sliding, mountain climbing, river floating, whitewater
rafting, canoeing, kayaking, hunting, fishing, backcountry trips,
horseback riding and other equine activity, snowmobiling, off-highway
vehicle use, and any similar recreational activity.
(b) The term does not include amusement rides regulated pursuant to
27-1-741 through 27-1-745 or equine activity conducted in conjunction
with the horseracing and mule racing industries regulated pursuant to
Title 23, chapter 4.
NEW SECTION. Section 3. Limitation on liability in sport or
recreational opportunity. (1) A person who participates in any sport or
recreational opportunity assumes the inherent risks in that sport or
recreational opportunity, whether those risks are known or unknown, and
is legally responsible for all injury or death to the person or other
persons and for all damage to property that result from the inherent
risks in that sport or recreational opportunity.
(2) A provider is not required to eliminate, alter, or control the
inherent risks within the particular sport or recreational opportunity
that is provided.
(3) [Sections 1 through 3] do not preclude an action based on the
negligence of the provider if the injury, death, or damage is not the
result of an inherent risk of the sport or recreational opportunity.
(4) [Sections 1 through 3] do not apply to a cause of action based on
the design or manufacture of sports or recreational equipment or
products or safety equipment used incidental to or required by the
sport or recreational activity.
NEW SECTION. Section 4. Repealer. Sections 23-2-651,
23-2-652, 23-2-653, 23-2-654, 23-2-731, 23-2-733, 23-2-736, 23-2-822,
27-1-725, 27-1-726, 27-1-727, and 27-1-728, MCA, are
repealed.
NEW SECTION. Section 5. Codification instruction. [Sections
1 through 3] are intended to be codified as an integral part of Title
27, chapter 1, part 7, and the provisions of Title 27, chapter 1, part
7, apply to [sections 1 through 3].
NEW SECTION. Section 6. Severability. If a part of [this
act] is invalid, all valid parts that are severable from the invalid
part remain in effect. If a part of [this act] is invalid in one or
more of its applications, the part remains in effect in all valid
applications that are severable from the invalid applications.
NEW SECTION. Section 7. Two-thirds vote required. Because
[section 3] limits governmental liability, Article II, section 18, of
the Montana Constitution requires a vote of two-thirds of the members
of each house of the legislature for passage.
NEW SECTION. Section 8. Effective date. [This act] is effective on passage and approval. - END -