HB 3140
Provides that an operator may require a person who engages in a sport, fitness or recreational activity in various ways to release the operator from claims for ordinary negligence.
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Sign in to take actionPublic sentiment
Support
90%
Oppose
10%
- Introduced
- Passed House
- Passed Senate
- To Governor
- Became Law
Bill overview
This bill allows operators of sports, fitness, and recreational activities to require participants to sign a release form, protecting them from claims for ordinary negligence. The release must be signed by individuals 18 years of age or older who are participating, renting equipment, using facilities, or volunteering. The bill also directs the Oregon Business Development Department to study the impacts of climate change on the recreation industry and report its findings to the Legislative Assembly by September 15, 2026, with an appropriation of $100,000.
Key provisions
- Operators can require participants to sign a release form waiving liability for ordinary negligence.
- The release applies to individuals 18 years of age or older engaging in specified recreational activities.
- Operators cannot require releases for claims exceeding ordinary negligence.
- The Oregon Business Development Department must study climate change impacts on the recreation industry.
- The Department of Consumer and Business Services will assist the Business Development Department in this study.
- The study’s findings must be reported to the Legislative Assembly by September 15, 2026.
- The Department is allocated $100,000 for the study.
- A declaration of emergency allows the bill to take effect immediately.
Who is affected
- Sport and recreation operators
- Participants in sports, fitness, and recreational activities
- Recreation industry businesses
- Individuals engaging in outdoor activities
Sponsors
Official sponsors from legislative records.
Primary sponsors
David Brock Smith
Emerson Levy
Arguments in favor
Reasons to support this legislation.
The supporters of HB 3140 generally agree that a balanced approach is needed between personal responsibility and business accountability in recreation-related liability insurance in Oregon. They emphasize the need to ensure fair access to outdoor recreation opportunities, particularly for underrepresented communities, while protecting individuals from grossly negligent behavior. The bill aims to align Oregon with other western states, providing a level playing field for businesses while preserving public access to recreational hiking opportunities and promoting economic stability for small businesses in the tourism industry. Supporters also highlight the importance of safety in outdoor recreation and express concern about the impact of recent court decisions on liability waivers, which threaten the ability to offer certain activities like mountain biking. Overall, proponents argue that HB 3140 is crucial for ensuring a fair balance between personal responsibility and business accountability, promoting economic stability, and preserving access to outdoor recreation opportunities.
Source: Testimony Summaries
Arguments opposed
Reasons to oppose this legislation.
the need for greater accountability from ski resorts and recreational facilities to ensure public safety. Many share personal experiences of injury or loss due to hazardous conditions, inadequate supervision, or negligence, highlighting the risks and consequences for outdoor enthusiasts. They argue that liability waivers would not be enough to prevent catastrophic injuries, citing the Supreme Court's decision in a similar case that rejected waivers as a way for businesses to avoid responsibility. Opponents also express concerns that HB 3140 would undermine consumer protections by allowing corporations to limit liability waivers, potentially harming Oregonians who engage in various activities and sports, and create financial barriers between individuals and nature, limiting access to recreational and restorative activities.