Committee hears hours of testimony on bill to let recreation operators require ordinary‑negligence waivers

The Senate Committee on Finance and Revenue held a lengthy public hearing and work session on Senate Bill 1196 on June 11, 2025, taking testimony from recreation operators, industry groups, local nonprofit providers and people injured in recreation accidents as the committee considered an amendment that would allow operators to require participants to release claims for ordinary negligence while preserving claims for gross negligence.

"This is about waivers," said Eric Chancellor, speaking for the Protect Oregon Recreation Coalition, describing a coalition that includes ski areas, outfitters, trail builders, gyms and nonprofit user groups. "The lack of enforceable waivers in this state is utterly unique in the Western United States," he said, and urged the committee to consider the effect on operators and volunteers.

Representative John Lively of House District 7 urged support, saying Oregon’s outdoor businesses are often small and "the incremental difference in cost can put them out of business." Representative Jeff Helfrich, House District 52, said insurers had warned that several ski resorts faced canceled policies and called the outdoor industry a roughly "$17,000,000,000 industry for our state." Dave Bird, an attorney representing the National Ski Areas Association, told the committee, "Oregon is arguably the worst litigation climate of all 37 ski states," and said other states enforce releases while still allowing litigation for gross negligence and statutory violations.

Operators and small nonprofits described steep insurance increases: Anthony Lakes reported a 200% rise in premiums in recent years; Mount Ashland said liability insurance rose 9% in the last year, 65% over eight years and 129% over 12 years; Sisters Athletic Club said liability rose 75% in six years and cited a 2,100% increase in property insurance. Mindy Ingebretsen Walowitz, a ski area operator at Willamette Pass, said the resort is the largest employer in its community and called the margins "very tight."

Testimony opposing the bill focused on safety and accountability. Julia Clark described the 2002 drowning death of her father on a guided fishing trip and said the outfitter failed to follow safety protocol; she urged committee members to "please vote no on Senate Bill 1196." Lauren Bagley, whose son Miles Bagley was paralyzed after a ski-jump accident at Mount Bachelor, said courts must be able to decide whether operators kept premises and manmade features safe: "The ski industry, at a minimum, must follow the basic standards for safety, and they cannot escape that duty because someone signed an onerous release."

Miles Bagley, whose case led to a unanimous Oregon Supreme Court decision in 2014, testified by video: "Without liability, ski resorts have no financial incentive to ensure that their man made terrain park features and other runs are safe," he said, and urged the committee not to change the law.

Legislative Counsel Marissa James explained legal concepts to the committee, saying negligence and gross negligence are "well developed concepts in the law" and that gross negligence requires a higher showing of recklessness or indifference to safety. She told senators the amendment would allow an operator to require a participant to release the operator for ordinary negligence but not for gross negligence.

Committee members asked practical questions about comparative fault, notice of waivers and how other states treat releases. Several senators said they wanted more information about whether Oregon is an outlier and what specific changes would be needed. Chair Meek closed the hearing after the scheduled testimony and said the committee would reopen and continue the discussion at a future meeting.

No final committee action on Senate Bill 1196 was taken during the June 11 session; the chair said the committee planned to schedule a follow-up public hearing next week.