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MI HB5178

Bill

Status

Introduced

12/5/2013

Primary Sponsor

Peter Pettalia

Click for details

Origin

House of Representatives

97th Legislature

AI Summary

  • Changes "shall" to "does not" in section 73301(1) to clarify that no cause of action arises for injuries to recreational users on another's land without paying consideration, except for gross negligence or willful and wanton misconduct.

  • Adds "aviation activities" to the list of covered recreational uses in section 73301(1), defining such activities as noncommercial operation of aircraft including motorized/nonmotorized fixed wing aircraft, helicopters, balloons, hang gliders, and parasails, including participation as passenger or spectator.

  • Extends liability protection to users of Michigan trailways and public trails designated under part 721, applicable to land of any size including urban, suburban, subdivided, and rural areas.

  • Maintains existing protections for individuals gleaning agricultural products and those engaging in paid fishing or hunting on farms, with liability limited to conditions involving unreasonable risk of harm meeting all three specified criteria.

  • Covers "u-pick" agricultural operations and exempts employees and contractors from liability protections when picking and purchasing farm products.

  • Takes effect 90 days after enactment.

Legislative Description

Torts; premises liability; liability for recreational user; include aviation activities. Amends sec. 73301 of 1994 PA 451 (MCL 324.73301).

Recreation, outdoor activities

Last Action

Referred To Committee On Judiciary

6/4/2014

Committee Referrals

Judiciary12/5/2013

Full Bill Text

No bill text available