Winter Sports Safety Act; limits liability of ski resorts and other winter sports area operators. (SB246)

Introduced By

Sen. Mark Obenshain (R-Harrisonburg) with support from co-patrons Sen. Creigh Deeds (D-Bath), and Sen. Emmett Hanger (R-Mount Solon)

Progress

Introduced
Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law

Description

Winter Sports Safety Act.  Limits the liability of ski resorts and other winter sports area operators when death, personal injury, or property damage is caused by an inherent risk of participating in a winter sport. Winter sports area operators are required to post warning signs notifying participants that they assume the risk of participating in a winter sport. The Act sets out the duties and responsibilities of both winter sports participants and operators. Participants are presumed to have assumed the risk for death, personal injury, or damage to property caused by an inherent risk of a winter sport. This presumption is rebuttable by a preponderance of the evidence. The Act does not limit liability for acts or omissions that constitute negligence or gross negligence, or for situations in which the operator recklessly, knowingly, or intentionally commits an act or omission that causes death, personal injury, or damage to property; however, assumption of risk and contributory negligence by the participant are complete bars to recovery. Read the Bill »

Outcome

Bill Has Passed

History

DateAction
01/10/2012Prefiled and ordered printed; offered 01/11/12
01/10/2012Prefiled and ordered printed; offered 01/11/12 12102111D
01/10/2012Referred to Committee for Courts of Justice
02/06/2012Committee substitute printed 12105088D-S1
02/06/2012Reported from Courts of Justice with substitute (10-Y 4-N) (see vote tally)
02/07/2012Constitutional reading dispensed (40-Y 0-N) (see vote tally)
02/08/2012Read second time
02/08/2012Reading of substitute waived
02/08/2012Committee substitute agreed to 12105088D-S1
02/08/2012Engrossed by Senate - committee substitute SB246S1
02/09/2012Passed by for the day
02/10/2012Read third time and passed Senate (32-Y 8-N) (see vote tally)
02/17/2012Placed on Calendar
02/17/2012Read first time
02/17/2012Referred to Committee for Courts of Justice
02/17/2012Assigned Courts sub: #2 Civil
02/27/2012Subcommittee recommends reporting with amendment(s) (7-Y 1-N)
02/27/2012Reported from Courts of Justice with substitute (13-Y 2-N) (see vote tally)
02/27/2012Committee substitute printed 12105673D-H1
02/29/2012Read second time
03/01/2012Read third time
03/01/2012Committee substitute agreed to 12105673D-H1
03/01/2012Engrossed by House - committee substitute SB246H1
03/01/2012Passed House with substitute (78-Y 18-N 1-A)
03/01/2012VOTE: PASSAGE (78-Y 18-N 1-A) (see vote tally)
03/05/2012Passed by for the day
03/06/2012House substitute agreed to by Senate (36-Y 4-N) (see vote tally)
03/06/2012Title replaced 12105673D-H1
03/08/2012Enrolled
03/08/2012Bill text as passed Senate and House (SB246ER)
03/08/2012Signed by Speaker
03/09/2012Signed by President
04/09/2012G Approved by Governor-Chapter 713 (effective 7/1/12)
04/09/2012G Acts of Assembly Chapter text (CHAP0713)

Video

This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 2 clips in all, totaling 11 minutes.