Official Summary Text
HB2279 - 572R - Senate Fact Sheet
Assigned to
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COMMITTEE
ARIZONA STATE SENATE
Fifty-Seventh
Legislature, Second Regular Session
FACT SHEET FOR
H.B. 2279
commercial river outfitters;
limited liability
Purpose
Grants commercial
river outfitters immunity from certain claims if the corresponding claims are
contractually waived in a liability release.
Background
Federal
regulation prohibits a person from conducting, leading or guiding a river trip
unless such person possesses a permit issued by the Superintendent of the Grand
Canyon National Park (Superintendent). The National Park Service (NPS) reserves
the right to limit the number of such permits issued, or the number of persons
traveling on trips authorized by such permits when, in the opinion of the NPS,
such limitations are necessary in the interest of public safety or protection
of the ecological and environmental values of the area.
The
Superintendent must issue a permit upon a determination that the person
leading, guiding or conducting a river trip is experienced in running rivers in
white water navigation of similar difficulty, and possesses appropriate
equipment, which is identified in the terms and conditions of the permit. A
person must not conduct, lead, guide or outfit a commercial river trip without
first securing a permit and possessing an additional permit authorizing the
conduct of a commercial or business activity in the park. An operation is
commercial if any fee, charge or other compensation is collected for
conducting, leading, guiding or outfitting a river trip. A river trip is not
commercial if there is a bona fide sharing of actual expenses (
36
C.F.R. � 7.4
).
There is no anticipated fiscal impact to the state General Fund
associated with this legislation.
Provisions
1.
Specifies that a commercial river outfitter does not have a duty to
alter, eliminate, control or decrease the inherent risks of participating in a
river trip in the Grand Canyon National Park.
2.
Allows the inherent risks of a river trip to be contractually identified
by the commercial river outfitter and a participant in a river trip.
3.
Requires the identification of inherent risks to be determinative and
binding.�
4.
Grants a commercial river outfitter immunity from claims for injury or
death that arise out of the inherent risks of a river trip
.
5.
Specifies that commercial river outfitters are not immune from claims
arising out of other circumstances, except for ordinary negligence claims that
are also contractually waived in a liability release.
6.
Allows a person to voluntarily release a commercial river outfitter from
liability for an injury to or the death of a person resulting from
participation in a river trip in the Grand Canyon National Park.
7.
Grants a commercial river outfitter immunity from claims arising out of
ordinary negligence only if the claims are contractually waived in a liability
release.
8.
Specifies that the prescribed immunity for a commercial river outfitter
does not apply to a commercial river outfitter that is grossly negligent or
that commits wilful, wanton or intentional acts or omissions.
9.
Specifies that the prescribed immunity for a commercial river outfitter
from claims resulting from injury or death does not apply if the commercial
river outfitter:
a)
knows
or should have known that a hazardous condition exists; and
b)
fails
to disclose the hazardous condition to a participant.
10.
Defines
commercial river outfitter
as an entity that is allowed under federal
law to provide river trips to the public in the Grand Canyon National Park,
including employees of a commercial river outfitter who are acting in the
course and scope of their employment.
11.
Defines
river trips
as all the activities or occurrences, whether taking place
on water or land, for which the commercial river outfitter has agreed to
provide outfitting or guiding services.
12.
Becomes
effective on the general effective date.
House Action
COM�������������� 1/27/26����� DP������ 7-4-0-0
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Prepared by Senate Research
March 22, 2026
JT/NRG/ci
Current Bill Text
Read the full stored bill text
HB2279 - 572R - H Ver
House Engrossed
commercial river
outfitters; limited liability
State of Arizona
House of Representatives
Fifty-seventh Legislature
Second Regular Session
2026
HOUSE BILL 2279
AN
ACT
amending title 12, chapter 5, article 3,
Arizona Revised Statutes, by adding section 12-558.04; relating to limitations
of actions.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it
enacted by the Legislature of the State of Arizona:
Section 1. Title 12, chapter 5, article 3,
Arizona Revised Statutes, is amended by adding section 12-558.04, to read:
START_STATUTE
12-558.04.
Limited liability; commercial river outfitters; exceptions;
definitions
A. A commercial river outfitter does
not have a duty to alter, eliminate, control or decrease the inherent risks of
participating in a river trip in Grand Canyon national park. The
inherent risks of a river trip may be contractually identified by the
commercial river outfitter and a participant in a river trip
, and the identification of inherent risks shall be determinative and
binding. Commercial river outfitters are immune from claims for
injury or death that arise out of the inherent risks of a river trip but are
not immune from claims arising out of other circumstances
,
except as provided in subsection B of this section.
B. Except as provided in subsection C
of this section, a person may voluntarily release a commercial river outfitter
from liability for an injury to or the death of a person resulting from
participation in a river trip in Grand Canyon national park.� A commercial
river outfitter is immune from claims arising out of ordinary negligence only
if the claims are contractually waived in a liability release.
C. Subsections A and B of this
section do not apply to a commercial river outfitter that is grossly negligent
or that commits wilful, wanton or intentional acts or omissions.
D. Subsection A of this section does
not apply to a commercial river outfitter if both of the following apply:
1. The commercial river outfitter
knows or should have known that a hazardous condition exists.
2. The commercial river outfitter
fails to disclose the hazardous condition to a participant.
E. For the purposes of this section:
1. "Commercial river
outfitter":
(
a
) Means an
entity that is allowed under federal law to provide river trips to the public
in Grand Canyon national park.
(
b
) Includes
employees of a commercial river outfitter who are acting in the course and
scope of their employment.
2. "River trip" means all
of the activities or occurrences, whether taking place on water or land, for
which the commercial river outfitter has agreed to provide outfitting or
guiding services.
END_STATUTE