SB463: Bill Text

2015 Senate BILL 463

December 18, 2015 - Introduced by Senators Stroebel and Kapenga, cosponsored by Representatives Jarchow, Novak, Ballweg, E. Brooks, Czaja, Gannon, Horlacher, Kerkman, Krug, T. Larson, Tittl, Pope and Brandtjen. Referred to Committee on Agriculture, Small Business, and Tourism.

SB463,2,2 An Act to repeal 167.33 (1) (d), 167.33 (3) (g) 1. and 167.33 (3) (g) 2.; to renumber 167.33 (1) (a); to renumber and amend 167.33 (1) (c), 167.33 (1) (o), 167.33 (3) (b) and 167.33 (3) (g) (intro.); to amend 15.347 (20) (b) 6., 167.33 (title), 167.33 (1) (b), 167.33 (1) (f), 167.33 (1) (g), 167.33 (1) (h), 167.33 (1) (L), 167.33 (1) (m), 167.33 (2) (title), 167.33 (2) (b) 1., 167.33 (2) (f), 167.33 (2) (h), 167.33 (3) (a), 167.33 (3) (f) (intro.), 167.33 (3) (f) 5., 167.33 (3) (f) 6., 167.33 (3) (h), 167.33 (3) (j) 1., 167.33 (3) (j) 2., 167.33 (4) (a), 167.33 (4) (ag), 167.33 (4) (b) 2., 167.33 (5) (title), 167.33 (5) (a) 13., 167.33 (5) (b) 11., 895.525 (2) (b), 895.526 (title), 895.526 (2) (title), 895.526 (2) (a), 895.526 (2) (b), 895.526 (2) (c), 895.526 (2) (d), 895.526 (3) (intro.), 895.526 (3) (b) and 895.526 (4) (a); and to create 167.33 (1) (ar), 167.33 (1) (dm), 167.33 (3) (am), 167.33 (3) (b) 2., 167.33 (3) (em) and 167.33 (5) (c) of the statutes; relating to: duties of ski area operators and persons who bike in a ski area, and liability of ski area operators.

Analysis by the Legislative Reference Bureau

This bill establishes duties for persons who bike in ski areas and for the operators of ski areas.

Under current law, a participant in a recreational activity, including bicycling, on a premises that is open to the public for such purposes is deemed to accept the risks inherent in the activity of which an ordinary prudent person is or should be aware. Current law also imposes certain responsibilities on participants in a recreational activity, including the responsibility to act within the limits of his or her ability, heed all warnings regarding participation in the recreational activity, maintain control of himself or herself and the equipment he or she is using, and refrain from acting in any manner that may cause or contribute to the death of or injury to himself or herself or to other persons while participating in the recreational activity.

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:

SB463,1 Section 1. 15.347 (20) (b) 6. of the statutes is amended to read:

SB463,3,2 15.347 (20) (b) 6. Persons who engage in snow alpine sports.

SB463,2 Section 2. 167.33 (title) of the statutes is amended to read:

SB463,3,4 167.33 (title) Snow Alpine sports.

SB463,3 Section 3. 167.33 (1) (a) of the statutes is renumbered 167.33 (1) (am).

SB463,4 Section 4. 167.33 (1) (ar) of the statutes is created to read:

SB463,3,7 167.33 (1) (ar) "Biking" means riding a bicycle within a ski area.

SB463,5 Section 5. 167.33 (1) (b) of the statutes is amended to read:

SB463,3,12 167.33 (1) (b) "Competition" means any event authorized by a ski area operator, or by an agent of a ski area operator, that involves a comparison of skills used in one or more snow alpine sports. "Competition" includes training sessions for such an event.

SB463,6 Section 6. 167.33 (1) (c) of the statutes is renumbered 167.33 (1) (om) and amended to read:

SB463,3,17 167.33 (1) (om) "Freestyle Terrain features" means man-made features that include boxes, jumps, hits, jibs, tabletops, spikes, take-off ramps, landings, banks, rails, rollers, half pipes, picnic tables, logs, and pipes.

SB463,7 Section 7. 167.33 (1) (d) of the statutes is repealed.

SB463,8 Section 8. 167.33 (1) (dm) of the statutes is created to read:

SB463,4,4 167.33 (1) (dm) "Freestyle terrain" means an area that includes half-pipes, terrain parks, terrain gardens, freestyle courses, or other terrain features. Freestyle terrain does not include an area groomed with natural and man-made surface variations to aid new skiers in learning to ski or natural or man-made mogul fields.

SB463,9 Section 9. 167.33 (1) (f) of the statutes is amended to read:

SB463,4,8 167.33 (1) (f) "Lift" means any aerial tramway or lift, a surface lift, a tow, or a conveyor used by a ski area operator to transport participants in snow alpine sports at a ski area.

SB463,10 Section 10. 167.33 (1) (g) of the statutes is amended to read:

SB463,4,17 167.33 (1) (g) "Participant in a snow an alpine sport" means an individual who has a pass or ticket to engage in an alpine sport and who is engaged in a snow an alpine sport or who is walking or otherwise traveling within a ski area for purposes of engaging in the sport. "Participant in a snow an alpine sport" also means an individual who is present at a ski area to observe others engaged in a snow an alpine sport or who is a passenger on a lift. "Participant in a snow an alpine sport" includes an individual that is an employee of a ski area operator when he or she is acting outside the scope of his or her employment.

SB463,11 Section 11. 167.33 (1) (h) of the statutes is amended to read:

SB463,4,21 167.33 (1) (h) "Ski area" means trails, terrains, and other outdoor areas that are used by individuals engaged in snow alpine sports and that is administered as a single enterprise by a ski area operator.

SB463,12 Section 12. 167.33 (1) (L) of the statutes is amended to read:

SB463,4,24 167.33 (1) (L) "Skiing" means downhill skiing, alpine skiing, nordic skiing, cross-country skiing, ski biking, telemarking, snowshoeing, or snowboarding.

SB463,13 Section 13. 167.33 (1) (m) of the statutes is amended to read:

SB463,5,2 167.33 (1) (m) "Sledding" means sliding down a prepared course on sleds, toboggans, ski bikes, or comparable devices. "Sledding" excludes tubing.

SB463,14 Section 14. 167.33 (1) (o) of the statutes is renumbered 167.33 (1) (ag) and amended to read:

SB463,5,6 167.33 (1) (ag) "Snow Alpine sport" means skiing, sledding, biking, or tubing , or freestyling.

SB463,15 Section 15. 167.33 (2) (title) of the statutes is amended to read:

SB463,5,8 167.33 (2) (title) Conditions and risks of snow alpine sports.

SB463,16 Section 16. 167.33 (2) (b) 1. of the statutes is amended to read:

SB463,5,12 167.33 (2) (b) 1. Snow, ice, crust, slush, soft spots, holes, grooves, bare spots, mud, loose dirt, cuts, rocks, boulders, water, puddles, creeks, streams, cliffs, drop-offs, or tracks from foot traffic or ski area vehicles.

SB463,17 Section 17. 167.33 (2) (f) of the statutes is amended to read:

SB463,5,15 167.33 (2) (f) The risk of collision with other participants in snow alpine sports, employees of a ski area operator, or ski area infrastructure.

SB463,18 Section 18. 167.33 (2) (h) of the statutes is amended to read:

SB463,5,19 167.33 (2) (h) The greater risk of collision, injury, or death in treed areas, in areas where competitions are held, and in areas where freestyling is allowed of freestyle terrain.

SB463,19 Section 19. 167.33 (3) (a) of the statutes is amended to read:

SB463,5,23 167.33 (3) (a) Notice on tickets required. Each Except as provided in par. (am), each ski area operator shall print on each ticket or season pass that it issues to participants in snow alpine sports the following warning:

SB463,6,5 "WARNING: Under Wisconsin law, each participant in a snow an alpine sport assumes the risk of injury or death to person or injury to property resulting from the conditions and risks that are considered to be inherent in a snow an alpine sport, has a number of duties that must be met while engaging in a snow an alpine sport, and is subject to limitations on the ability to recover damages from a ski area operator for injuries or death to a person or to property. A complete copy of this law is available for review at the main site where tickets to this ski area are sold."

SB463,20 Section 20. 167.33 (3) (am) of the statutes is created to read:

SB463,6,15 167.33 (3) (am) A ski area operator may sell, distribute, and use tickets or season passes printed before the effective date of this paragraph .... [LRB inserts date], until its stock of those tickets or passes are exhausted. A ski area operator that sells, distributes, or uses such tickets or passes shall post a notice at each location where the tickets or passes are sold, distributed, or used that informs each recipient of the ticket or pass that he or she is engaging in an alpine sport, as defined in s. 167.33 (1) (ag), and that the definition for snow sport, as used on the ticket or pass, has been amended. The notice shall indicate that a complete copy of s. 167.33 is available for review at the main site where the ski area operator sells tickets.

SB463,21 Section 21. 167.33 (3) (b) of the statutes is renumbered 167.33 (3) (b) (intro.) and amended to read:

SB463,6,19 167.33 (3) (b) Signs required; generally. (intro.) Each ski area operator shall post and maintain a sign the following signs:

SB463,6,24 1. A sign that is at least 10 square feet in size at or near each of the sites where tickets to the ski area are sold, at or near each of the entrances or lift loading areas for areas that are open to snow alpine sports, and at or near each area open to sledding, biking, or tubing which is not served by a lift. The sign shall contain the following warning:

SB463,7,9 "WARNING — ASSUMPTION OF RISKS: Under Wisconsin law, each participant in a snow an alpine sport is considered to have accepted and to have knowledge of the risk of injury or death to person or injury to property that may result. Under Wisconsin law, each participant in a snow an alpine sport has the duty to take the precautions that are necessary to avoid injury or death to person or injury to property. Wisconsin law sets forth certain other limitations on the liability of ski area operators for injuries or death to person or injury to property. A complete copy of this law is available for review at the main site where tickets to this ski area are sold."

SB463,22 Section 22. 167.33 (3) (b) 2. of the statutes is created to read:

SB463,7,13 167.33 (3) (b) 2. A sign that is at least 3 square feet in size at or near each of the sites where tickets to the ski area are sold that contains the words: "Helmets are recommended" or "Consider wearing a helmet."

SB463,23 Section 23. 167.33 (3) (em) of the statutes is created to read:

SB463,7,19 167.33 (3) (em) Signs required; biking areas. In addition to the sign required under par. (b), each ski area operator offering biking shall post and maintain a sign that is at least 10 square feet in size at or near each entrance to a loading area of a lift that serves areas open to biking or at or near an entrance of an area open to biking that is not served by a lift. The sign shall contain the following warning:

SB463,7,21 "WARNING — DUTIES OF INDIVIDUALS ENGAGED IN BIKING: Under Wisconsin law, each individual engaged in biking has a duty to do all of the following:

SB463,7,22 1. Obey all posted warnings and signs.

SB463,7,23 2. Keep out of closed areas.

SB463,7,24 3. Know the range of his or her ability and engage in biking within that ability.

SB463,8,3 4. Assess the difficulty of the trails and terrains, including natural and man-made features, that are open to biking. Where possible, walk the trail or features prior to biking.

SB463,8,4 5. Maintain control of his or her speed and direction.

SB463,8,6 6. Comply with any posted limits that are imposed on the type of bike or other equipment that may be ridden on a trail or portion of the ski area.

SB463,8,7 7. Be able to stop or avoid other individuals or objects.

SB463,8,9 8. Yield to other individuals engaged in biking who are ahead or who are down the slope.

SB463,8,11 9. Be able to safely board, ride, and deboard any lift serving an area open to biking.

SB463,8,12 10. Board and deboard a lift only at designated sites.

SB463,8,14 11. Look uphill and yield to oncoming bikes before leaving the bottom of the hill at the end of the run or when entering a trail or slope."

SB463,24 Section 24. 167.33 (3) (f) (intro.) of the statutes is amended to read:

SB463,8,23 167.33 (3) (f) Signs required; trails and terrains. (intro.) Each ski area operator shall designate the trails that are open for skiing or biking in its ski area and shall determine the difficulty level of each trail. The ski area operator shall post and maintain a sign at or near the beginning of each trail. The sign shall contain the name of the trail and all of the applicable wording and emblems specified in this paragraph to describe the difficulty level of the trail or terrain. The sign shall be at least 4 square feet in size. Each sign shall contain one or more of the following designations that are applicable:

SB463,25 Section 25. 167.33 (3) (f) 5. of the statutes is amended to read:

SB463,9,2 167.33 (3) (f) 5. The words "freestyling area ahead" "freestyle terrain" with an emblem consisting of an orange oval.

SB463,26 Section 26. 167.33 (3) (f) 6. of the statutes is amended to read:

SB463,9,7 167.33 (3) (f) 6. The words "tree skiing — caution." The sign shall have an orange background or orange lettering with a black or white background and shall contain the additional statement: "This back country trail is not groomed or patrolled — Never ski here alone."

SB463,27 Section 27. 167.33 (3) (g) (intro.) of the statutes is renumbered 167.33 (3) (g) and amended to read:

SB463,9,21 167.33 (3) (g) Areas open to freestyling of freestyle terrain; signs and barricades required. A ski area operator shall may designate an area as an area for freestyling if it contains one or more freestyle features of freestyle terrain. A ski area operator that designates an area of freestyle terrain shall construct and maintain a barricade with fencing, roping, or similar means at the entrance to such an area. The opening in the barricade may not be wider than 30 feet. The ski area operator shall post and maintain a sign at or near the entrance of the area of freestyle terrain that is at least 3 square feet in size and that shows the boundaries of the area open to freestyling. The sign shall contain emblems consisting of a stop sign and orange oval consistent with signage recommended by a national ski areas association for use in areas of freestyle terrain. The sign shall contain all of the following: the words "freestyle terrain."

SB463,28 Section 28. 167.33 (3) (g) 1. of the statutes is repealed.

SB463,29 Section 29. 167.33 (3) (g) 2. of the statutes is repealed.

SB463,30 Section 30. 167.33 (3) (h) of the statutes is amended to read:

SB463,10,5 167.33 (3) (h) Lifts; signs required. For each lift that is used by individuals engaged in skiing and that does not serve any trail that is described under par. (f) as "easier," the ski operator shall post and maintain, at or near the loading area for the lift a sign that is at least 10 square feet in size near or at the entrance of the loading area. The sign shall contain the following warning:

SB463,10,11 "WARNING: This lift does not serve any trails that are "easier" (marked with a green circle emblem). All of the trails served by this lift are "difficult" or "more difficult" (marked with a blue square emblem), "most difficult" (marked with a black diamond emblem), "expert" or "extreme terrain" (marked with an emblem consisting of 2 black diamonds), or "freestyling terrain ahead freestyle terrain" (marked with an orange oval)."

SB463,31 Section 31. 167.33 (3) (j) 1. of the statutes is amended to read:

SB463,10,16 167.33 (3) (j) 1. In lieu of posting and maintaining each of the separate signs required under par. (b) and par. (d) or, (e), or (em), a ski area operator may post and maintain a single sign that is at least 12 square feet in size and that contains all of the required warnings.