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Senate narrowly passes disputed bill altering recreational liability waivers
Summary
After hours of floor debate and dozens of letters from recreation providers and conservation groups, the Oregon Senate passed SB 1517‑A, a package of changes to the state's treatment of recreational liability waivers that sponsors say will stabilize insurance markets and opponents say will worsen access and safety.
A contentious floor fight over recreational liability finished with the Oregon Senate approving Senate Bill 1517‑A on third reading after extensive debate and written testimony.
Sponsor Sen. Brzezinski said the measure reflects months of work to balance safety and insurability for outdoor and indoor recreation providers. The bill allows certain waivers for ordinary negligence while carving out exceptions for gross negligence, intentional misconduct, claims arising from equipment design or negligent hiring, and other enumerated situations the drafters said would preserve legal remedies.
Critics said the bill leaves recreation providers and land stewards worse off. "Far from helping to address this issue, Senate Bill 1517‑A as written before you today is not that solution," said Sen. Meek, who urged a no vote and pointed to letters from recreation groups and insurers on members' desks. Opponents argued the bill's exceptions would swallow the rule, prevent summary‑judgment enforcement, and fail to attract insurers back to the Oregon market.
Supporters and the bill's sponsors responded that SB 1517‑A strikes a moderate path, drawing on statutes from other Western states and including specific exceptions to protect users in situations such as negligent equipment maintenance or operator misconduct. Sponsor Sen. Brzezinski said the language is intended to preserve remedies for victims of non‑inherent risks while providing predictability to operators and insurers.
The debate repeatedly contrasted SB 1517‑A with SB 1593‑A (the Oregon Recreation, Commerce and Affordability Act), which proponents of broader reform said would better align Oregon with neighboring states. Several senators urged referral of a more comprehensive fix in the longer session, but the Senate voted to pass SB 1517‑A on final reading.
What this means SB 1517‑A adjusts Oregon's approach to enforceability of recreational liability waivers and will likely prompt technical rulemaking and scrutiny from insurers and advocacy groups. Sponsors say it will help preserve access to recreation by making insurance more affordable; opponents say it fails to achieve that goal and could reduce protections for volunteers and land stewards.
Next steps Passed measures will be transmitted to the House and, if enacted, the statute's exceptions and enforcement will be tested in practice and potentially in court.
