Bill Text: MI HB4231 | 2011-2012 | 96th Legislature | Chaptered
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-Chaptered.html
Act No. 61
Public Acts of 2011
Approved by the Governor
June 21, 2011
Filed with the Secretary of State
June 21, 2011
EFFECTIVE DATE: June 21, 2011
STATE OF MICHIGAN
96TH LEGISLATURE
REGULAR SESSION OF 2011
Introduced by Reps. Walsh, Oakes, Agema, Price, Heise, Lyons, Pscholka, Zorn, Franz, Kowall, Horn, Lund and Meadows
ENROLLED HOUSE BILL No. 4231
AN ACT to amend 1998 PA 386, entitled “An act to codify, revise, consolidate, and classify aspects of the law relating to wills and intestacy, relating to the administration and distribution of estates of certain individuals, relating to trusts, and relating to the affairs of certain individuals under legal incapacity; to provide for the powers and procedures of the court that has jurisdiction over these matters; to provide for the validity and effect of certain transfers, contracts, and deposits that relate to death; to provide procedures to facilitate enforcement of certain trusts; and to repeal acts and parts of acts,” (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.
This act is ordered to take immediate effect.
Clerk of the House of Representatives
Secretary of the Senate
Approved
Governor
