SB 1517 — Relating to civil litigation; and declaring an emergency.

83rd OREGON LEGISLATIVE ASSEMBLY--2026 Regular Session A-EngrossedEnrolled 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 conformanceconform- ance with pre-presession session filing rules, indicating neither advocacy nor opposition on the part of the President (at the request of Senate Interim Committee on Judiciary) SUMMARYCHAPTER 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.

ItAN isACT anRelating editor’sto briefcivil statementlitigation; 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;

WhereasBe OregoniansIt andEnacted by the OregonPeople economyof benefitthe tremendouslyState fromof thisOregon: 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:

(A) Offers a person the opportunity to participate in a sport, fitness or recreational ac- NOTE:tivity;

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 tivity;

(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, environmental restoration and maintenance, ocean and water sports, motorized recreation, athletic or fitness competitionscompeti- andtions, fitness activities 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 andthat sustainedarises whileout inof the actsport, fitness or recre- ational activity, or out of performingvolunteering theto maintain facilities or places used for a sport, fitness or recreational activityactivity, if the participant or parent or guardian voluntarily signs a conspicuousclear and unambiguous written release disclosing the risks associated with the sport, fitness or recreational activity or volunteering and waiving the operator’s liability for damages for injuriesin- juries resulting from those risks.