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--- version:A-Engrossed+++ version:(document, no version)@@ -13,156 +13,24 @@131415-16-17-18-19-20-21-22-83rd OREGON LEGISLATIVE ASSEMBLY--2026 Regular Session-A-Engrossed-Senate Bill 1517-Ordered by the Senate February 19-Including Senate Amendments dated February 19-Printed pursuant to Senate Interim Rule 213.28 by order of the President of the Senate in conformance with pre--session filing rules, indicating neither advocacy nor opposition on the part of the President (at the request-of Senate Interim Committee on Judiciary)-SUMMARY-The following summary is not prepared by the sponsors of the measure and is not a part of the body thereof subject-to consideration by the Legislative Assembly. It is an editor’s brief statement of the essential features of the-measure. The statement includes a measure digest written in compliance with applicable readability standards.-Digest: The Act says that an operator can make a person doing sports, fitness or recre--ation waive some claims for negligence. The Act says that some types of claims may not-be waived. (Flesch Readability Score: 82.2).-[Digest: The Act changes some laws about lawsuits that are about skiing. (Flesch Readability-Score: 72.6).]-[Modifies provisions relating to liability related to skiing. ]-Provides that an operator may require a participant in a sport, fitness or recreational-activity to release the operator for claims for ordinary negligence under certain circum--stances. Specifies certain types of claims that may not be waived.-Declares an emergency, effective on passage.-A BILL FOR AN ACT-Relating to civil litigation; and declaring an emergency.-Whereas Oregonians and the Oregon economy benefit tremendously from this state’s recreation-and health and fitness industries; and-Whereas Oregon’s recreation and health and fitness providers offer safe and enjoyable access-to outdoor and indoor recreation and health and fitness opportunities throughout this state and-contribute significantly to the mental and physical health and well-being of Oregonians and visitors-to this state; and-Whereas local communities rely on the commerce associated with the recreation and health and-fitness industries to strengthen their economies, create jobs and enhance their quality of life; and-Whereas Oregon’s tourism industry benefits greatly from the commerce associated with the re--creation and health and fitness industries; and-Whereas Bagley v. Mt. Bachelor, Inc. , 356 Or. 543 (2014), determined that enforcement of certain-releases would be unconscionable, see Becker v. Hoodoo Ski Bowl Devs., Inc. , 269 Or. App. 877, 883-(2015); and-Whereas the Bagley decision did not invalidate all releases, Bagley v. Mt. Bachelor, Inc. , 356-Or. 543, 545 (2014); and-Whereas waivers of liability are not unenforceable under Oregon law; now, therefore,-Be It Enacted by the People of the State of Oregon:-SECTION 1.-(1) As used in this section:-(a) “Operator” means a person that:-(A) Offers a person the opportunity to participate in a sport, fitness or recreational ac--NOTE: Matter in boldfaced type in an amended section is new; matter [ italic and bracketed] is existing law to be omitted.-New sections are in boldfaced type.-LC 143-A-Eng. SB 1517-1-2-3-4-5-6-7-8-9-10-11-12-13-14-15-16-17-18-19-20-21-22-23-24-25-26-27-28-29-30-31-32-33-34-35-36-37-38-39-40-41-42-43-44-45-tivity; or-(B) Operates or provides a facility or place where a person can participate in a sport,-fitness or recreational activity.-(b) “Sport, fitness or recreational activity” means an indoor or outdoor activity involving-elements of inherent risk, including but not limited to hunting, fishing, swimming, boating,-rafting, biking, camping, skiing, snowboarding, winter sports, team and individual sports,-climbing, equestrian and rodeo activities, hiking, outfitter guiding, ocean and water sports,-motorized recreation, athletic or fitness competitions and fitness and training activities.-(2) Except as provided in subsection (3) of this section, an operator may require a par--ticipant in a sport, fitness or recreational activity who is 18 years of age or older, or a parent-or guardian on behalf of a participant in a sport, fitness or recreational activity who is under-18 years of age, to release the operator from any claim for damages for injuries to the par--ticipant resulting from ordinary negligence and sustained while in the act of performing the-sport, fitness or recreational activity if the participant or parent or guardian voluntarily-signs a conspicuous written release disclosing the risks associated with the sport, fitness or-recreational activity and waiving the operator’s liability for damages for injuries resulting-from those risks. A release described in this subsection is not per se unconscionable or void-as contrary to public policy.-(3) An operator may not require a person to release the operator from the following types-of claims:-(a) Claims for greater than ordinary negligence, including gross negligence, reckless-conduct, willful misconduct or intentional acts.-(b) Claims for injuries not sustained during the act of performing the sport, fitness or-recreational activity, including but not limited to injuries occurring in parking areas, lodges,-rental facilities or other premises not directly part of the sport, fitness or recreational ac--tivity itself.-(c) Claims relating to the design, use, manufacture, provision, maintenance or inspection-of equipment, safety gear or apparatus used in connection with the sport, fitness or recre--ational activity.-(d) Claims arising from the operator’s violation of any statute, administrative rule or-industry safety standard applicable to the sport, fitness or recreational activity.-(e) Claims relating to negligent hiring, training, credentialing or supervision of employ--ees, guides, instructors or independent contractors.-(f) Claims relating to failure to warn of known hazards that are not inherent risks of the-sport, fitness or recreational activity.-(g) Claims relating to the operation, maintenance or use of any vehicle, including but not-limited to automobiles, buses, vans, snowmobiles, snow cats, all-terrain vehicles, utility ter--rain vehicles, side-by-sides or any other motorized conveyance, including if the vehicle is-used for transportation to or from the location where the sport, fitness or recreational ac--tivity takes place, unless the participant uses the vehicle as part of the sport, fitness or-recreational activity itself.-(4) A release that is broader than the release described in subsections (2) and (3) of this-section shall be construed within the limits stated in subsections (2) and (3) of this section.-SECTION 2.-This 2026 Act being necessary for the immediate preservation of the public-peace, health and safety, an emergency is declared to exist, and this 2026 Act takes effect-[2]-A-Eng. SB 1517-1-2-on its passage.-[3]+SB 1517-A14+(LC 143)+2/27/26 (MNJ/ps)+Requested by Representative LEVY E+PROPOSED AMENDMENTS TO+A-ENGROSSED SENATE BILL 1517+On page 1+ of the printed A-engrossed bill, delete lines 20 through 22 and+delete pages 2 and 3 and insert:+“SECTION 1. (1) Except as provided in subsection (2) of this section,+a release of liability voluntarily executed by a person 18 years of age+or older, or by a parent or guardian on behalf of a person under 18+years of age, before the person engages in a recreational activity, is+enforceable as a matter of law and is not unconscionable or contrary+to public policy.+“(2) Subsection (1) of this section does not apply to releases of li-+ability for willful or wanton acts or omissions, reckless acts or omis-+sions or grossly negligent acts or omissions.+“SECTION 2. This 2026 Act being necessary for the immediate+preservation of the public peace, health and safety, an emergency is+declared to exist, and this 2026 Act takes effect on its passage. ”.
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