Senate committee advances bill to enforce waivers for ordinary-recreation injuries amid industry split

The Senate Judiciary Committee on Monday moved Senate Bill 15 17 as amended by the dash‑7 to the floor with a due‑pass recommendation after lengthy public testimony and debate. The amended bill would allow recreation operators to require liability releases from patrons for ordinary negligence suffered while performing the activity, while carving out multiple exceptions, including gross negligence, willful misconduct and injuries not sustained during the act of the activity.

“Senate Bill 15 17 will not help the situation,” Will Volpert, owner of Indigo Creek Outfitters and president of the Wild Rogue Outfitters Association, told the committee, arguing that the bill as drafted would not stabilize insurance markets or bring carriers back to Oregon. Volpert said insurance premiums for his business have tripled in five years and urged lawmakers instead to move Senate Bill 15 93, which he said would provide clearer protections for insurers.

Opponents from the consumer and legal side urged caution. Lauren Begley, who identified herself as the mother of Miles Begley, plaintiff in a unanimous 2014 Supreme Court decision, urged the committee to ensure the legislation "clearly protects individual Oregonians' fundamental rights, avoids unattended burdens on constitutionally protected activity, and is drafted with sufficient clarity and narrow tailoring to withstand judicial scrutiny." Joe Pucci, representing the Oregon Trial Lawyers Association, said the amendments would still strip victims of their constitutional right to justice unless modified to exclude operator‑created risks and to prevent parents from signing away children's rights.

Several nonprofit recreation and stewardship organizations — including the Oregon Trails Coalition and Tualatin Riverkeepers — testified that the dash‑7 fails to protect volunteers and trail stewardship activities. Robin Pace, owner of Winding Waters River Expeditions, told the committee she opposes the measure because it would be "worse than the current law" for many small operators.

Lawyers and industry witnesses who defended the amendments said the draft is designed to preserve enforceability of ordinary‑negligence waivers while excluding clearly unacceptable conduct. “Without meaningful waiver recognition, our industry will remain unstable,” Kim Maguire, an attorney who has defended ski areas for 25 years, told the panel, warning that new exceptions would prevent summary judgment and make Oregon an outlier.

The committee record includes assurances that negotiators will continue to refine language. Senator McLean, who supported moving the bill, told colleagues that House Judiciary leadership has agreed to continue work on the text after the measure is transmitted. The chair emphasized the bill’s exemptions for gross negligence, intentional acts, claims related to operator‑provided equipment, negligent hiring and claims arising outside the activity as intended guardrails.

Votes at a glance: the committee adopted the dash‑7 amendment and later voted to advance SB 15 17 to the floor with a due‑pass recommendation. Several senators recorded reservations and multiple members indicated minority reports might be filed when the bill reaches the floor.

The bill now goes to the Senate floor; sponsors said they expect further language changes during the interchamber process.