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2012 SESSION
SB 246 Winter Sports Safety Act; limits liability of ski resorts and other winter sports area operators.
Introduced by: Mark D. Obenshain | R. Creigh Deeds | all patrons ... notes | add to my profiles
SUMMARY AS PASSED: (all summaries)
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 known the inherent risks of a winter sport, to have fully appreciated the nature and extent of such risks, and to have voluntarily exposed themselves to such risks. 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.
FULL TEXT
- 01/10/12 Senate: Prefiled and ordered printed; offered 01/11/12 12102111D pdf
- 02/06/12 Senate: Committee substitute printed 12105088D-S1 pdf
- 02/27/12 House: Committee substitute printed 12105673D-H1 pdf
- 03/08/12 Senate: Bill text as passed Senate and House (SB246ER) pdf
- 04/09/12 Governor: Acts of Assembly Chapter text (CHAP0713) pdf
HISTORY
- 01/10/12 Senate: Prefiled and ordered printed; offered 01/11/12 12102111D
- 01/10/12 Senate: Referred to Committee for Courts of Justice
- 02/06/12 Senate: Committee substitute printed 12105088D-S1
- 02/06/12 Senate: Reported from Courts of Justice with substitute (10-Y 4-N)
- 02/07/12 Senate: Constitutional reading dispensed (40-Y 0-N)
- 02/08/12 Senate: Read second time
- 02/08/12 Senate: Reading of substitute waived
- 02/08/12 Senate: Committee substitute agreed to 12105088D-S1
- 02/08/12 Senate: Engrossed by Senate - committee substitute SB246S1
- 02/09/12 Senate: Passed by for the day
- 02/10/12 Senate: Read third time and passed Senate (32-Y 8-N)
- 02/17/12 House: Placed on Calendar
- 02/17/12 House: Read first time
- 02/17/12 House: Referred to Committee for Courts of Justice
- 02/17/12 House: Assigned Courts sub: #2 Civil
- 02/27/12 House: Subcommittee recommends reporting with amendment(s) (7-Y 1-N)
- 02/27/12 House: Reported from Courts of Justice with substitute (13-Y 2-N)
- 02/27/12 House: Committee substitute printed 12105673D-H1
- 02/29/12 House: Read second time
- 03/01/12 House: Read third time
- 03/01/12 House: Committee substitute agreed to 12105673D-H1
- 03/01/12 House: Engrossed by House - committee substitute SB246H1
- 03/01/12 House: Passed House with substitute (78-Y 18-N 1-A)
- 03/01/12 House: VOTE: PASSAGE (78-Y 18-N 1-A)
- 03/05/12 Senate: Passed by for the day
- 03/06/12 Senate: House substitute agreed to by Senate (36-Y 4-N)
- 03/06/12 Senate: Title replaced 12105673D-H1
- 03/08/12 Senate: Enrolled
- 03/08/12 Senate: Bill text as passed Senate and House (SB246ER)
- 03/08/12 House: Signed by Speaker
- 03/09/12 Senate: Signed by President
- 04/09/12 Governor: Approved by Governor-Chapter 713 (effective 7/1/12)
- 04/09/12 Governor: Acts of Assembly Chapter text (CHAP0713)