SENATE BILL REPORT

SB 6103

BYSenators Pullen, Talmadge, Bluechel, Moore and Sellar

Revising provisions on the duties of ski operators and users of commercial ski areas.

Senate Committee on Law & Justice

Senate Hearing Date(s):January 12, 1988; January 14, 1988; January 18, 1988

Majority Report:  That Substitute Senate Bill 6103 be substituted therefor, and the substitute bill do pass.

      Signed by Senators Pullen, Chairman; McCaslin, Vice Chairman; Hayner, Nelson, Newhouse, Niemi, Talmadge.

Minority Report:  That it not be substituted.

      Signed by Senators Halsan and Madsen.

Senate Staff:Dick Armstrong (786-7460)

                  January 18, 1988

AS REPORTED BY COMMITTEE ON LAW & JUSTICE, JANUARY 18, 1988

BACKGROUND:

The Skiing and Commercial Ski Activity Act was enacted in 1977 (Chapter 70.117 RCW).  The statute was one of the first in the country to allocate the respective rights and responsibilities between skiers and ski area operators.  However, the Washington act does not define the inherent risks of skiing or allocate the responsibility for such risk.

In addition, a portion of the statute which is intended to make skiers responsible for injuries or losses incurred while skiing on unimproved (not marked, signed or designated ski runs) areas was recently interpreted by the Washington Court of Appeals.  Operators of ski resorts are of the opinion that the court's construction of the statute is too broad and exempts skiers from nearly all liability.

SUMMARY:

Portions of the Skiing and Commercial Ski Activity Act are modified to clearly impose the risk of skiing on skiers who choose to ski other than marked, signed or designated ski runs and trails.

Injured persons cannot recover from ski area operators for injuries or losses which result from the inherent risk of skiing.

Definitions are set forth for "improved trails or runs" and "inherent risk of skiing."

EFFECT OF PROPOSED SUBSTITUTE:

The bill is the same as the original bill except: (1) ski areas are required to maintain a sign system based on national or international standards; (2) language is deleted which relieved ski operators from all liability for eliminating an inherent risk of skiing in negligent manner; and (3) various technical amendments are made to clarify intent.

Appropriation:    none

Revenue:    none

Fiscal Note:      none

Effective Date:The bill contains an emergency clause and takes effect immediately.

Senate Committee - Testified: Senator Bluechel, Winter Recreation Commission; Cliff Webster, Pacific Northwest Ski Areas Association; Stan DeBruler, Pacific Northwest Ski Association; Lori Kinerk, Washington State Trial Lawyers Association; Basil Badley, American Insurance Association