Bill Text: MI HB4231 | 2011-2012 | 96th Legislature | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Torts; liability; waiver of claims of liability in connection with children's athletic and recreational activities; allow parent to sign. Amends 1998 PA 386 (MCL 700.1101 - 700.8206) by adding sec. 5109.

Spectrum: Moderate Partisan Bill (Republican 11-2)

Status: (Passed) 2011-06-22 - Assigned Pa 61'11 With Immediate Effect [HB4231 Detail]

Download: Michigan-2011-HB4231-Engrossed.html

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HB-4231, As Passed Senate, June 1, 2011

 

 

 

 

 

 

 

 

 

 

 

 

SENATE SUBSTITUTE FOR

 

HOUSE BILL NO. 4231

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1998 PA 386, entitled

 

"Estates and protected individuals code,"

 

(MCL 700.1101 to 700.8206) by adding section 5109.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 5109. (1) Before a minor participates in recreational

 

activity, a parent or guardian of the minor may release a person

 

from liability for economic or noneconomic damages for personal

 

injury sustained by the minor during the specific recreational

 

activity for which the release is provided.

 

     (2) This section only applies to a recreational activity

 

sponsored or organized by a nongovernmental, nonprofit

 

organization.

 

     (3) Either or both of the following may be released from

 

liability under this section:

 

     (a) The sponsor or organizer of the recreational activity.

 

     (b) An individual who is paid or volunteers to coach or

 

assists in conducting the recreational activity.

 

     (4) A release under this section only releases the sponsor,

 

organizer, owner, lessee, or other person released from liability

 

for injury or death that results solely from the inherent risks of

 

the recreational activity. A release under this section does not

 

limit the liability of the sponsor, organizer, owner, lessee, or

 

other person released for the sponsor's, organizer's, owner's,

 

lessee's, or other person's own negligence or the negligence of its

 

employees or agents that causes or contributes to the injury or

 

death.

 

     (5) A release under this section shall be in writing.

 

     (6) This section does not restrict the limitation of liability

 

afforded by section 73301 of the natural resources and

 

environmental protection act, 1994 PA 451, MCL 324.73301, or 1964

 

PA 170, MCL 691.1401 to 691.1419.

 

     (7) As used in this section, "recreational activity" means

 

active participation in an athletic or recreational sport.