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Senate committee hears broad support to restore recreational waiver enforceability and study outdoor economy
Summary
Lawmakers heard hours of proponent testimony for SB 15 93, the Oregon Recreation, Commerce and Affordability Act, which would allow adults to sign enforceable waivers for ordinary negligence and direct a statewide study of the recreation economy; sponsors said judges would still review waivers case by case and the bill is scheduled for a committee work session.
Representative Mari Watanabe, sponsor of SB 15 93 and a House member from District 34, opened the public hearing by saying the bill is her priority this session and urged the Senate Committee on Commerce and General Government to act.
Proponents — including outfitters, ski-area representatives, nonprofit stewards and trade groups — described a mounting insurance crisis they say began after a 2014 Oregon Supreme Court ruling. Eric Chancellor of the Protect Oregon Recreation Coalition summarized the bill's two parts: restoring enforceability for adult recreational liability waivers in ordinary-negligence cases and directing an economic study of the state's recreation sector. "The legislation will do two things. It will restore enforceability of recreational liabilities, liability waivers in Oregon, and it will direct a study of the state's broader recreation industry," he told the committee.
Legal and industry witnesses framed the change as restoring judicial tools rather than granting blanket immunity. "Assuming that SB 15 93 is enacted, judges will still be able to conclude that a recreational waiver is not enforceable for many reasons," attorney Jim Zepancic said, urging lawmakers to leave judges able to examine waivers for clarity and fairness.
Speakers described concrete local impacts: David Winterling of Mount Hood Ski Patrol said volunteer-led events and a small nonprofit museum face canceled programs after insurance carriers either raised rates sharply or declined to quote; outfitters and guides testified that premiums have multiplied in recent years and that some operators cannot obtain federal-permit-required insurance. Industry representatives from the National Ski Area Association and Oregon business groups said stabilizing waivers would help insurers return and help lower consumer prices.
Several nonprofit and conservation witnesses — including Tualatin Riverkeepers and Willamette Riverkeeper — told the committee that volunteer stewardship, youth programs and free or low-cost public paddles rely on waivers and that removing legal certainty jeopardizes access and education work. Multiple witnesses also asked the committee to allow parental or guardian signatures for waivers covering minors; Cindy Robert of the Oregon Recreation and Park Association urged an amendment to include minors by parental consent so youth programs are not curtailed.
The chair closed testimony and said the bill is scheduled for a committee work session on Wednesday, Feb. 11. He also told the room he has requested that the bill's subsequent referral to the Senate Judiciary Committee be rescinded; until that referral is removed, the bill cannot advance out of committee. The committee did not take a final vote during the hearing.
Next steps: SB 15 93 will be worked in committee on Feb. 11; committee staff and members indicated they expect to consider amendments during that work session.
