Under current law, if a participant in a recreational activity is injured or killed,
his or her own actions may be considered contributory negligence in a civil suit
brought against the owners of the premises if the participant failed to comply with
any of the responsibilities set forth for participants in the activity.
Under current law, the same rules of liability and negligence apply to skiing,
sledding, tubing, tobogganing, and other snow sports (snow sports) that take place
outside of a ski area, but there is a different scheme for determining whether the
operator of a ski area is liable for injuries sustained by a person who participates in
a snow sport at a ski area. This bill applies much of the same analysis that is applied
to a participant in a snow sport to a person who bikes in a ski area (biker).
Under the bill, a biker is deemed to know, and accept, certain risks inherent in
biking in a ski area, such as changes in weather or visibility, the presence of certain
conditions and difficulties with the terrain, and the risk of collisions and to accept
that the operator of a ski area may not mitigate certain risks by padding items or
obstacles within the ski area. Under the bill, a biker's responsibilities include
knowing and complying with all safety rules established by the ski area operator,
knowing the limits of his or her abilities, and being able to maintain control of himself
or herself and his or her equipment while biking.
The bill also sets forth several safety requirements for ski area operators and
requirements designed to inform participants of the dangers inherent in biking and
of the responsibilities each participant has for his or her own safety. The
requirements include placing warning signs and informational signs as to the level
of difficulty of ski trails, and recommending the use of helmets.

Under the bill, the operator of a ski area is immune from liability for any injury
sustained by a biker if the injury was a result of any of the risks accepted by the biker
and the operator of the ski area has complied with the requirements.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB596,1 1Section 1. 15.347 (20) (b) 6. of the statutes is amended to read:
AB596,3,22 15.347 (20) (b) 6. Persons who engage in snow alpine sports.
AB596,2 3Section 2. 167.33 (title) of the statutes is amended to read:
AB596,3,4 4167.33 (title) Snow Alpine sports.
AB596,3 5Section 3. 167.33 (1) (a) of the statutes is renumbered 167.33 (1) (am).
AB596,4 6Section 4. 167.33 (1) (ar) of the statutes is created to read:
AB596,3,77 167.33 (1) (ar) "Biking" means riding a bicycle within a ski area.
AB596,5 8Section 5. 167.33 (1) (b) of the statutes is amended to read:
AB596,3,129 167.33 (1) (b) "Competition" means any event authorized by a ski area operator,
10or by an agent of a ski area operator, that involves a comparison of skills used in one
11or more snow alpine sports. "Competition" includes training sessions for such an
12event.
AB596,6 13Section 6. 167.33 (1) (c) of the statutes is renumbered 167.33 (1) (om) and
14amended to read:
AB596,3,1715 167.33 (1) (om) "Freestyle Terrain features" means man-made features that
16include boxes, jumps, hits, jibs, tabletops, spikes, take-off ramps, landings, banks,
17rails, rollers, half pipes, picnic tables, logs, and pipes.
AB596,7 18Section 7. 167.33 (1) (d) of the statutes is repealed.
AB596,8 19Section 8. 167.33 (1) (dm) of the statutes is created to read:
AB596,4,4
1167.33 (1) (dm) "Freestyle terrain" means an area that includes half-pipes,
2terrain parks, terrain gardens, freestyle courses, or other terrain features. Freestyle
3terrain does not include an area groomed with natural and man-made surface
4variations to aid new skiers in learning to ski or natural or man-made mogul fields.
AB596,9 5Section 9. 167.33 (1) (f) of the statutes is amended to read:
AB596,4,86 167.33 (1) (f) "Lift" means any aerial tramway or lift, a surface lift, a tow, or
7a conveyor used by a ski area operator to transport participants in snow alpine sports
8at a ski area.
AB596,10 9Section 10. 167.33 (1) (g) of the statutes is amended to read:
AB596,4,1710 167.33 (1) (g) "Participant in a snow an alpine sport" means an individual who
11has a pass or ticket to engage in an alpine sport and who is engaged in a snow an
12alpine
sport or who is walking or otherwise traveling within a ski area for purposes
13of engaging in the sport. "Participant in a snow an alpine sport" also means an
14individual who is present at a ski area to observe others engaged in a snow an alpine
15sport or who is a passenger on a lift. "Participant in a snow an alpine sport" includes
16an individual that is an employee of a ski area operator when he or she is acting
17outside the scope of his or her employment.
AB596,11 18Section 11. 167.33 (1) (h) of the statutes is amended to read:
AB596,4,2119 167.33 (1) (h) "Ski area" means trails, terrains, and other outdoor areas that
20are used by individuals engaged in snow alpine sports and that is administered as
21a single enterprise by a ski area operator.
AB596,12 22Section 12. 167.33 (1) (L) of the statutes is amended to read:
AB596,4,2423 167.33 (1) (L) "Skiing" means downhill skiing, alpine skiing, nordic skiing,
24cross-country skiing, ski biking, telemarking, snowshoeing, or snowboarding.
AB596,13 25Section 13. 167.33 (1) (m) of the statutes is amended to read:
AB596,5,2
1167.33 (1) (m) "Sledding" means sliding down a prepared course on sleds,
2toboggans, ski bikes, or comparable devices. "Sledding" excludes tubing.
AB596,14 3Section 14. 167.33 (1) (o) of the statutes is renumbered 167.33 (1) (ag) and
4amended to read:
AB596,5,65 167.33 (1) (ag) "Snow Alpine sport" means skiing, sledding, biking, or tubing ,
6or freestyling
.
AB596,15 7Section 15. 167.33 (2) (title) of the statutes is amended to read:
AB596,5,88 167.33 (2) (title) Conditions and risks of snow alpine sports.
AB596,16 9Section 16. 167.33 (2) (b) 1. of the statutes is amended to read:
AB596,5,1210 167.33 (2) (b) 1. Snow, ice, crust, slush, soft spots, holes, grooves, bare spots,
11mud, loose dirt, cuts, rocks, boulders, water, puddles, creeks, streams, cliffs,
12drop-offs,
or tracks from foot traffic or ski area vehicles.
AB596,17 13Section 17. 167.33 (2) (f) of the statutes is amended to read:
AB596,5,1514 167.33 (2) (f) The risk of collision with other participants in snow alpine sports,
15employees of a ski area operator, or ski area infrastructure.
AB596,18 16Section 18. 167.33 (2) (h) of the statutes is amended to read:
AB596,5,1917 167.33 (2) (h) The greater risk of collision, injury, or death in treed areas, in
18areas where competitions are held, and in areas where freestyling is allowed of
19freestyle terrain
.
AB596,19 20Section 19. 167.33 (3) (a) of the statutes is amended to read:
AB596,5,2321 167.33 (3) (a) Notice on tickets required. Each Except as provided in par. (am),
22each
ski area operator shall print on each ticket or season pass that it issues to
23participants in snow alpine sports the following warning:
AB596,6,5 24"WARNING: Under Wisconsin law, each participant in a snow an alpine sport
25assumes the risk of injury or death to person or injury to property resulting from the

1conditions and risks that are considered to be inherent in a snow an alpine sport, has
2a number of duties that must be met while engaging in a snow an alpine sport, and
3is subject to limitations on the ability to recover damages from a ski area operator
4for injuries or death to a person or to property. A complete copy of this law is available
5for review at the main site where tickets to this ski area are sold."
AB596,20 6Section 20. 167.33 (3) (am) of the statutes is created to read:
AB596,6,157 167.33 (3) (am) A ski area operator may sell, distribute, and use tickets or
8season passes printed before the effective date of this paragraph .... [LRB inserts
9date], until its stock of those tickets or passes are exhausted. A ski area operator that
10sells, distributes, or uses such tickets or passes shall post a notice at each location
11where the tickets or passes are sold, distributed, or used that informs each recipient
12of the ticket or pass that he or she is engaging in an alpine sport, as defined in s.
13167.33 (1) (ag), and that the definition for snow sport, as used on the ticket or pass,
14has been amended. The notice shall indicate that a complete copy of s. 167.33 is
15available for review at the main site where the ski area operator sells tickets.
AB596,21 16Section 21. 167.33 (3) (b) of the statutes is renumbered 167.33 (3) (b) (intro.)
17and amended to read:
AB596,6,1918 167.33 (3) (b) Signs required; generally. (intro.) Each ski area operator shall
19post and maintain a sign the following signs:
AB596,6,24 201. A sign that is at least 10 square feet in size at or near each of the sites where
21tickets to the ski area are sold, at or near each of the entrances or lift loading areas
22for areas that are open to snow alpine sports, and at or near each area open to
23sledding, biking, or tubing which is not served by a lift. The sign shall contain the
24following warning:
AB596,7,9
1"WARNING — ASSUMPTION OF RISKS: Under Wisconsin law, each
2participant in a snow an alpine sport is considered to have accepted and to have
3knowledge of the risk of injury or death to person or injury to property that may
4result. Under Wisconsin law, each participant in a snow an alpine sport has the duty
5to take the precautions that are necessary to avoid injury or death to person or injury
6to property. Wisconsin law sets forth certain other limitations on the liability of ski
7area operators for injuries or death to person or injury to property. A complete copy
8of this law is available for review at the main site where tickets to this ski area are
9sold."
AB596,22 10Section 22. 167.33 (3) (b) 2. of the statutes is created to read:
AB596,7,1311 167.33 (3) (b) 2. A sign that is at least 3 square feet in size at or near each of
12the sites where tickets to the ski area are sold that contains the words: "Helmets are
13recommended" or "Consider wearing a helmet."
AB596,23 14Section 23. 167.33 (3) (em) of the statutes is created to read:
AB596,7,1915 167.33 (3) (em) Signs required; biking areas. In addition to the sign required
16under par. (b), each ski area operator offering biking shall post and maintain a sign
17that is at least 10 square feet in size at or near each entrance to a loading area of a
18lift that serves areas open to biking or at or near an entrance of an area open to biking
19that is not served by a lift. The sign shall contain the following warning:
AB596,7,21 20"WARNING — DUTIES OF INDIVIDUALS ENGAGED IN BIKING: Under
21Wisconsin law, each individual engaged in biking has a duty to do all of the following:
AB596,7,2222 1. Obey all posted warnings and signs.
AB596,7,2323 2. Keep out of closed areas.
AB596,7,2424 3. Know the range of his or her ability and engage in biking within that ability.
AB596,8,3
14. Assess the difficulty of the trails and terrains, including natural and
2man-made features, that are open to biking. Where possible, walk the trail or
3features prior to biking.
AB596,8,44 5. Maintain control of his or her speed and direction.
AB596,8,65 6. Comply with any posted limits that are imposed on the type of bike or other
6equipment that may be ridden on a trail or portion of the ski area.
AB596,8,77 7. Be able to stop or avoid other individuals or objects.
AB596,8,98 8. Yield to other individuals engaged in biking who are ahead or who are down
9the slope.
AB596,8,1110 9. Be able to safely board, ride, and deboard any lift serving an area open to
11biking.
AB596,8,1212 10. Board and deboard a lift only at designated sites.
AB596,8,1413 11. Look uphill and yield to oncoming bikes before leaving the bottom of the hill
14at the end of the run or when entering a trail or slope."
AB596,24 15Section 24. 167.33 (3) (f) (intro.) of the statutes is amended to read:
AB596,8,2316 167.33 (3) (f) Signs required; trails and terrains. (intro.) Each ski area operator
17shall designate the trails that are open for skiing or biking in its ski area and shall
18determine the difficulty level of each trail. The ski area operator shall post and
19maintain a sign at or near the beginning of each trail. The sign shall contain the
20name of the trail and all of the applicable wording and emblems specified in this
21paragraph to describe the difficulty level of the trail or terrain. The sign shall be at
22least 4 square feet in size. Each sign shall contain one or more of the following
23designations that are applicable:
AB596,25 24Section 25. 167.33 (3) (f) 5. of the statutes is amended to read:
AB596,9,2
1167.33 (3) (f) 5. The words "freestyling area ahead" "freestyle terrain" with an
2emblem consisting of an orange oval.
AB596,26 3Section 26. 167.33 (3) (f) 6. of the statutes is amended to read:
AB596,9,74 167.33 (3) (f) 6. The words "tree skiing — caution." The sign shall have an
5orange background or orange lettering with a black or white background and shall

6contain the additional statement: "This back country trail is not groomed or
7patrolled — Never ski here alone."
AB596,27 8Section 27. 167.33 (3) (g) (intro.) of the statutes is renumbered 167.33 (3) (g)
9and amended to read:
AB596,9,2110 167.33 (3) (g) Areas open to freestyling of freestyle terrain; signs and barricades
11required.
A ski area operator shall may designate an area as an area for freestyling
12if it contains one or more freestyle features
of freestyle terrain. A ski area operator
13that designates an area of freestyle terrain shall construct and maintain a barricade
14with fencing, roping, or similar means at the entrance to such an area. The opening
15in the barricade may not be wider than 30 feet. The ski area operator shall post and
16maintain a sign at or near the entrance of the area of freestyle terrain that is at least
173 square feet in size and that shows the boundaries of the area open to freestyling.
18The sign shall contain emblems consisting of a stop sign and orange oval consistent
19with signage recommended by a national ski areas association for use in areas of
20freestyle terrain
. The sign shall contain all of the following: the words "freestyle
21terrain."
AB596,28 22Section 28. 167.33 (3) (g) 1. of the statutes is repealed.
AB596,29 23Section 29. 167.33 (3) (g) 2. of the statutes is repealed.
AB596,30 24Section 30. 167.33 (3) (h) of the statutes is amended to read:
AB596,10,5
1167.33 (3) (h) Lifts; signs required. For each lift that is used by individuals
2engaged in skiing and that does not serve any trail that is described under par. (f)
3as "easier," the ski operator shall post and maintain, at or near the loading area for
4the lift a sign that is at least 10 square feet in size near or at the entrance of the
5loading area. The sign shall contain the following warning:
AB596,10,11 6"WARNING: This lift does not serve any trails that are "easier" (marked with
7a green circle emblem). All of the trails served by this lift are "difficult" or "more
8difficult" (marked with a blue square emblem), "most difficult" (marked with a black
9diamond emblem), "expert" or "extreme terrain" (marked with an emblem consisting
10of 2 black diamonds), or "freestyling terrain ahead freestyle terrain" (marked with
11an orange oval)."
AB596,31 12Section 31. 167.33 (3) (j) 1. of the statutes is amended to read:
AB596,10,1613 167.33 (3) (j) 1. In lieu of posting and maintaining each of the separate signs
14required under par. (b) and par. (d) or, (e), or (em), a ski area operator may post and
15maintain a single sign that is at least 12 square feet in size and that contains all of
16the required warnings.
AB596,32 17Section 32. 167.33 (3) (j) 2. of the statutes is amended to read:
AB596,10,2218 167.33 (3) (j) 2. A ski area operator may, in a ski area with fewer than 100 acres
19in use for a snow an alpine sport vary from the specific wording, size, and location
20requirements for signs specified under this subsection, but any variation may not
21preclude a reasonably prudent participant in a snow an alpine sport from finding
22or understanding the contents of the sign.
AB596,33 23Section 33. 167.33 (4) (a) of the statutes is amended to read:
AB596,11,424 167.33 (4) (a) Maps. Each ski area operator shall post and maintain a map of
25the trails and terrains in the ski area that are designated for any snow alpine sport

1at all of the sites where tickets to the ski area are sold if the ski area has more than
23 trails. The map shall contain the names of each trail or terrain and a description
3of the level of difficulty for each trail as determined by the ski area operator under
4sub. (3) (f). The sign shall be at least 32 square feet in size.
AB596,34 5Section 34. 167.33 (4) (ag) of the statutes is amended to read:
AB596,11,156 167.33 (4) (ag) Markings. Each ski area operator shall mark hydrants, water
7pipes, and any other man-made structures on a ski area that are not readily visible
8to participants in a snow an alpine sport under conditions of ordinary visibility from
9a distance of at least 100 feet. A ski area operator may use any type of marker,
10including a wooden or bamboo pole, flag, or sign if the marker is visible from a
11distance of 100 feet and if the marker itself does not constitute a serious hazard to
12participants in a snow an alpine sport. Variations in steepness or terrain, whether
13natural or as a result of slope design, snowmaking, or grooming operations, including
14roads, catwalks, or other terrain modifications, are not man-made structures for the
15purpose of this paragraph.
AB596,35 16Section 35. 167.33 (4) (b) 2. of the statutes is amended to read:
AB596,11,2317 167.33 (4) (b) 2. If any vehicular grooming operations take place on a ski trail
18during hours in which a lift is being operated, the ski area operator shall close that
19trail to the public at the top entrance to the trail until the vehicular grooming
20operations are complete on that trail. If a groomer is traversing part of a ski area that
21is not part of a ski trail during hours in which a lift is being operated, the ski area
22operator shall provide an escort for the groomer or equip the groomer with emergency
23lights and an audible warning system
to warn guests of the approaching groomer.
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