SB-0672, As Passed House, June 1, 2016

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 672

     A bill to amend 1998 PA 386, entitled

"Estates and protected individuals code,"

by amending section 5109 (MCL 700.5109), as added by 2011 PA 61.

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 must 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

     (a) "Camping activity" means a recreation activity planned and

carried out by the owner and operator of a camp.

     (b) "Recreational activity" means active participation in an

athletic or recreational sport or in a camping activity.

     Enacting section 1. This amendatory act takes effect 90 days

after the date it is enacted into law.