SB388: Bill Text

LRB-3818/1

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2011 - 2012 LEGISLATURE

2011 Senate BILL 388

January 19, 2012 - Introduced by Senators Grothman, Galloway, Wanggaard, Schultz and Kedzie, cosponsored by Representatives Strachota, Brooks, LeMahieu, Kerkman, Ballweg, Kestell and Doyle. Referred to Committee on Judiciary, Utilities, Commerce, and Government Operations.

SB388,1,4 An Act to amend 101.12 (1) (c), 101.19 (1) (b), 101.981 (1) (c) and 895.525 (2); and to create 101.19 (1) (bm), 167.33 and 895.526 of the statutes; relating to: duties of ski area operators and participants in snow sports, liability of ski area operators, and granting rule-making authority.

Analysis by the Legislative Reference Bureau

Under current law, a participant in a recreational activity, including skiing, sledding, or tobogganing, 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 his or her self and the equipment he or she is using, and refrain from acting in any manner that may cause or contribute to the death 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 this bill, 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. The bill establishes 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.

Under the bill, a participant in a snow sport is deemed to know, and accept, certain risks inherent in the snow sport, such as changes in weather or visibility, the presence of certain snow 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. A participant is also deemed to acknowledge that his or her decision whether to wear a helmet while participating in the snow sport may contribute to his or her injuries, and that he or she is solely responsible for ensuring that a helmet is properly fitted. Under the bill, a participant's responsibilities when participating in a snow sport include knowing and complying with all safety rules established by the ski area, knowing the limits of his or her abilities, and being able to maintain control of himself or herself and his or her equipment while participating in the snow sport.

The bill also sets forth several safety requirements for ski area operators and requirements designed to inform participants of the dangers inherent in snow sports and of the responsibilities each participant has for his or her own safety. The requirements include inspection of lifts at the ski area and placing warning signs and informational signs as to the level of difficulty of ski trails.

Under the bill, the operator of a ski area is immune from liability for any injury sustained by a participant in a snow sport or by an observer if the injury was a result of any of the risks accepted by the participant 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:

SB388, s. 1 Section 1. 101.12 (1) (c) of the statutes is amended to read:

SB388,2,3 101.12 (1) (c) Elevators, escalators, ski lift and towing devices lifts, as defined in s. 167.33 (1) (f), and power dumbwaiters.

SB388, s. 2 Section 2. 101.19 (1) (b) of the statutes is amended to read:

SB388,2,8 101.19 (1) (b) The required inspection of boilers, pressure vessels, refrigeration plants, liquefied petroleum gas vessels, anhydrous ammonia tanks and containers, ski lift and towing devices, escalators, dumbwaiters, and amusement or thrill rides but not of amusement attractions.

SB388, s. 3 Section 3. 101.19 (1) (bm) of the statutes is created to read:

SB388,3,2 101.19 (1) (bm) The inspection by the department of lifts, as defined in s. 167.33 (1) (f).

SB388, s. 4 Section 4. 101.981 (1) (c) of the statutes, as affected by 2011 Wisconsin Act 32, is amended to read:

SB388,3,12 101.981 (1) (c) "Conveyance" means an elevator, an escalator, a dumbwaiter, a belt manlift, a moving walkway, a platform lift, and a stairway chair lift, and any other similar device, such as an automated people mover, used to elevate or move people or things, as provided in the rules of the department. "Conveyance" does not include a personnel hoist; a material hoist; a grain elevator; a lift or towing device as defined in s. 167.33 (1) (f); an amusement or thrill ride; or a vertical platform lift, inclined platform lift, or a stairway chair lift that serves an individual residential dwelling unit.

SB388, s. 5 Section 5. 167.33 of the statutes is created to read:

SB388,3,14 167.33 Snow sports. (1) Definitions. In this section:

SB388,3,15 (a) "Affiliate" means:

SB388,3,16 1. With respect to a partnership, each partner thereof.

SB388,3,17 2. With respect to a limited liability company, each member thereof.

SB388,3,19 3. With respect to a corporation, each officer, director, principal stockholder, and controlling member thereof.

SB388,3,22 (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 sports. "Competition" includes training sessions for such an event.

SB388,3,25 (c) "Freestyle features" means man-made features that include boxes, jumps, hits, jibs, tabletops, spikes, take-off ramps, landings, banks, half pipes, picnic tables, logs, and pipes.

SB388,4,2 (d) "Freestyling" means mogul jumping, mogul skiing, ski jumping, aerial skiing, ski cross, ski ballet, snowboarding, and any other similar snow sport.

SB388,4,5 (e) "Hazard" means any man-made or natural obstacle or hazard. "Hazard" includes ridges, sharp corners, jumps, bumps, moguls, valleys, dips, cliffs, ravines, and bodies of water.

SB388,4,7 (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 sports at a ski area.

SB388,4,14 (g) "Participant in a snow sport" means an individual who is engaged in a snow sport or who is walking or otherwise traveling within a ski area for purposes of engaging in the sport. "Participant in a snow sport" also means an individual who is present at a ski area to observe others engaged in a snow sport or who is a passenger on a lift. "Participant in a snow sport" includes an individual that is an employee of a ski area operator when he or she is acting out the scope of his or her employment.

SB388,4,17 (h) "Ski area" means trails, terrains, and other areas that are used by individuals engaged in snow sports and that is administered as a single enterprise by a ski area operator.

SB388,4,20 (i) "Ski area infrastructure" means lifts and any associated components, snowmaking equipment and any associated components, and utility structures, buildings, huts, signs, lift mazes, fences, or other structures located within a ski area.

SB388,4,23 (j) "Ski area operator" means a person that owns or is responsible for operating a ski area or its affiliates. "Ski area operator" includes the employees and agents of a ski area operator.

SB388,4,25 (k) "Ski area vehicle" means a motorized vehicle used in the operation and maintenance of a ski area or used as transportation within a ski area.

SB388,5,2 (L) "Skiing" means downhill skiing, alpine skiing, nordic skiing, cross-country skiing, telemarking, or snowboarding.

SB388,5,4 (m) "Sledding" means sliding down a prepared course on sleds, toboggans, ski bikes, or comparable devices. "Sledding" excludes tubing.

SB388,5,6 (n) "Snowmaking equipment" includes pipes, hoses, hydrants, snow guns, fans, wands, pumps, and any other equipment associated with making snow.

SB388,5,7 (o) "Snow sport" means skiing, sledding, tubing, or freestyling.

SB388,5,9 (p) "Tree skiing area" means an area open to skiing, that is not groomed for skiing, and that is forested.

SB388,5,11 (q) "Tubing" means sliding down a prepared course on inflatable tubes, minibobs, or comparable devices.

SB388,5,13 (2) Conditions and risks of snow sports. For purposes of this section, conditions and risks consist of all of the following:

SB388,5,14 (a) Changes in weather or visibility.

SB388,5,16 (b) The presence of surface or subsurface conditions, including any of the following:

SB388,5,18 1. Snow, ice, crust, slush, soft spots, holes, grooves, bare spots, cuts, rocks, boulders, or tracks from ski area vehicles.

SB388,5,19 2. Forest growth or debris, including stumps, logs, or brush.

SB388,5,21 (c) Ridges, sharp corners, bumps, moguls, valleys, rollers, dips, cliffs, ravines, and double fall lines.

SB388,5,24 (d) Variations in the difficulty of terrain, surface conditions, or subsurface conditions on a single trail or terrain or among trails or terrains that are designated the same level of difficulty at the ski area or at another ski area.

SB388,6,2 (e) The risk of injury or death on trails and terrains that fall away or drop off toward hazards.

SB388,6,4 (f) The risk of collision with other participants in snow sports. employees of a ski area operator, ski area infrastructure, or ski area vehicles.

SB388,6,6 (g) Variation in the location, construction, configuration, or steepness of trails or terrains.

SB388,6,8 (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.

SB388,6,11 (3) Duties of ski area operators; signage; notice. (a) Notice on tickets required. Each ski area operator shall print on each ticket or season pass that it issues to participants in snow sports the following warning:

SB388,6,18 "WARNING: Under Wisconsin law, each participant in a snow 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 sport, has a number of duties that must be met while engaging in a snow 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."

SB388,6,23 (b) Signs required; generally. Each ski area operator shall post and maintain 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 sports, and at or near each area open to sledding or tubing which is not served by a lift. The sign shall contain the following warning:

SB388,7,6 "WARNING — ASSUMPTION OF RISKS: Under Wisconsin law, each participant in a snow 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 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."

SB388,7,9 (c) Copies of law. Each ski area operator shall post and maintain a current copy of all of the provisions of this section at the main site where tickets to the ski area are sold and shall make a copy of it for any individual upon request.

SB388,7,13 (d) Signs required; skiing or sledding areas. In addition to the sign required under par. (b), each ski area operator 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 skiing or sledding. The sign shall contain the following warning:

SB388,7,16 "WARNING — DUTIES OF INDIVIDUALS ENGAGED IN SKIING OR SLEDDING: Under Wisconsin law, each individual engaged in skiing or sledding has a duty to do all of the following:

SB388,7,17 1. Obey all posted warnings and signs.

SB388,7,18 2. Keep off of closed trails and out of closed areas.

SB388,7,20 3. Know the range of his or her ability and engage in skiing or sledding within that ability.

SB388,7,22 4. Assess the difficulty of the trails and terrains that are open to skiing or sledding.

SB388,7,23 5. Maintain control of his or her speed and direction.

SB388,7,24 6. Be able to stop or avoid other individuals or objects.

SB388,8,2 7. Yield to other individuals engaged in skiing or sledding who are ahead or who are down the slope.

SB388,8,4 8. Not stop at a point that will result in the individual obstructing a trail or not being visible from above.

SB388,8,6 9. Yield to other individuals engaged in skiing or sledding who are uphill when starting downhill or when merging onto a trail.

SB388,8,8 10. Be able to safely board, ride, and deboard any lift serving an area open to skiing or sledding.

SB388,8,9 11. Board and deboard a lift only at designated sites."

SB388,8,14 (e) Signs required; tubing areas. In addition to the sign required under par. (b), each ski area operator 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 tubing or at or near an entrance of an area open to tubing that is not served by a lift. The sign shall contain the following warning:

SB388,8,17 "WARNING — DUTIES OF INDIVIDUALS ENGAGED IN TUBING: Under Wisconsin law, each individual engaged in sledding has a duty to do all of the following:

SB388,8,18 1. Obey all posted warnings and signs.

SB388,8,19 2. Keep out of closed areas.

SB388,8,20 3. Know the range of his or her ability and engage in tubing within that ability.