Committee recommends HB2279 after Rules Office flags anti-abrogation conflict for river-outfitter liability
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Summary
The committee recommended House Bill 2279, which would limit commercial river outfitters' liability in the Grand Canyon, but the Rules Attorney warned the bill's elimination of ordinary negligence claims may conflict with Arizona Constitution Article 18, section 6 (anti-abrogation clause).
Vice Chair Carter moved that House Bill 2279 be recommended as constitutional and in proper form; the committee approved the motion 5-3.
The Rules Attorney explained that HB2279 would bar liability for injury or death arising from risks inherent in river rafting and would allow operators to use release contracts. The attorney flagged a constitutional problem with Arizona Constitution Article 18, section 6's anti-abrogation clause because removing ordinary negligence claims would abrogate a cause of action that existed at statehood. The attorney said suggested amendment language has been provided to the sponsor, who indicated he would pursue a floor amendment to remove the problematic language.
The Rules Attorney noted other bill provisions allowing liability releases would remain. After discussion the committee recommended the bill to the floor by a 5-3 vote. The attorney indicated the suggested amendment would preserve some liability exposure (ordinary negligence) so the anti-abrogation concern would be avoided.
