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Bills from the 2011–12 session

Senate Bill 388

Duties of ski area operators and participants in snow sports, liability of ski area operators, and granting rule-making authority

Topics: Contributory negligence, Damage (personal injury), Recreation, Recreation vehicle, Snowmobile, Weather

Became law

The governor signed it on Apr 3, 2012. It's ⁠.

  1. Introduced, passed

    Jan 19, 2012

  2. Committee, passed

    Approved

  3. Senate vote, passed

    Passed Mar 7, 2012

  4. Assembly vote, passed

    Passed 76 to 8

  5. Governor, passed

    Signed

  6. Law, here now

    2011 Wisconsin Act 199

Latest entry in the official record, Apr 5, 2012: “Published 4-16-2012”

Read the bill

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What it does

Summary by the , the Legislature's nonpartisan drafting office. It's their wording, not ours.

Under current law, a participant in a recreational activity, including skiing, sledding, or tobogganing, on a premises that is open to the public for such purposes is deemed to accept the risks inherent in the activity of which an ordinary prudent person is or should be aware. Current law also imposes certain responsibilities on participants in a recreational activity, including the responsibility to act within the limits of his or her ability, heed all warnings regarding participation in the recreational activity, maintain control of his or her self and the equipment he or she is using, and refrain from acting in any manner that may cause or contribute to the death or injury to himself or herself or to other persons while participating in the recreational activity.

Under current law, if a participant in a recreational activity is injured or killed, his or her own actions may be considered contributory negligence in a civil suit brought against the owners of the premises if the participant failed to comply with any of the responsibilities set forth for participants in the activity.

Read the full summary

Under this bill, the same rules of liability and negligence apply to skiing, sledding, tubing, tobogganing, and other snow sports (snow sports) that take place outside of a ski area. The bill establishes a different scheme for determining whether the operator of a ski area is liable for injuries sustained by a person who participates in a snow sport at a ski area.

Under the bill, a participant in a snow sport is deemed to know, and accept, certain risks inherent in the snow sport, such as changes in weather or visibility, the presence of certain snow conditions and difficulties with the terrain, and the risk of collisions and to accept that the operator of a ski area may not mitigate certain risks by padding items or obstacles within the ski area. A participant is also deemed to acknowledge that his or her decision whether to wear a helmet while participating in the snow sport may contribute to his or her injuries, and that he or she is solely responsible for ensuring that a helmet is properly fitted. Under the bill, a participant's responsibilities when participating in a snow sport include knowing and complying with all safety rules established by the ski area, knowing the limits of his or her abilities, and being able to maintain control of himself or herself and his or her equipment while participating in the snow sport.

The bill also sets forth several safety requirements for ski area operators and requirements designed to inform participants of the dangers inherent in snow sports and of the responsibilities each participant has for his or her own safety. The requirements include inspection of lifts at the ski area and placing warning signs and informational signs as to the level of difficulty of ski trails.

Under the bill, the operator of a ski area is immune from liability for any injury sustained by a participant in a snow sport or by an observer if the injury was a result of any of the risks accepted by the participant and the operator of the ski area has complied with the requirements.

Who's behind it

5 senators are its ⁠. All 5 are Republicans.

9 more lawmakers ⁠.

See all 14 names

Authors (5)

Signed on in support (9)

Versions and amendments

Every text the Legislature printed for this bill, including proposed changes. Each opens on the Legislature's site.

How lawmakers voted

There were 2 votes on this bill.

Senate Committee on Judiciary vote on an amendment

Passed, 5 to 0 · Mar 2, 2012

No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.

Official motion: “Report adoption of Senate Substitute Amendment 2 recommended by committee on Judiciary, Utilities, Commerce, and Government Operations, Ayes 5, Noes 0”. Official record · This vote on its own page

Assembly vote to pass it

Passed, 76 to 8 · Mar 15, 2012 · 13 didn't vote

See how each of the 97 representatives voted

D: Democrat, I: Independent, R: Republican

Yes (76)

Official motion: “Read a third time and concurred in, Ayes 76, Noes 8, Paired 2”. Official record · This vote on its own page

What happened

  1. Apr 5, 2012

    The new law was published.

  2. Apr 3, 2012

    The governor signed it. It became 2011 Wisconsin Act 199.

  3. Mar 30, 2012

    Sent to the governor.

  4. Mar 15, 2012

    The Assembly passed it too, 76 to 8.

  5. Mar 15, 2012

    5 more representatives signed on in support.

  6. Mar 9, 2012

    Sent to the Assembly Committee on Rules.

  7. Mar 9, 2012

    The Assembly received it.

  8. Mar 7, 2012

    The Senate passed it.

  9. Mar 7, 2012

    The Senate adopted it.

  10. Mar 2, 2012

    The committee voted to recommend passing it, 3 to 2.

  11. Mar 2, 2012

    “Report adoption of Senate Substitute Amendment 2 recommended by committee on Judiciary, Utilities, Commerce, and Government Operations, Ayes 5, Noes 0” (the official wording)

  12. Feb 8, 2012

    The committee held a public hearing.

  13. Jan 19, 2012

    Sent to the Senate Committee on Judiciary, Utilities, Commerce, and Government Operations.

  14. Jan 19, 2012

    Introduced in the Senate.

See the official record, word for word
  1. Jan 19, 2012 · Senate

    Introduced by Senators Grothman, Galloway, Wanggaard, Schultz and Kedzie;Cosponsored by Representatives Strachota, Brooks, LeMahieu, Kerkman, Ballweg, Kestell and Doyle

  2. Jan 19, 2012 · Senate

    Read first time and referred to committee on Judiciary, Utilities, Commerce, and Government Operations

  3. Feb 8, 2012 · Senate

    Public hearing held

  4. Feb 21, 2012 · Senate

    Senate amendment 1 offered by Senators Erpenbach and Risser

  5. Feb 21, 2012 · Senate

    Senate amendment 2 offered by Senators Erpenbach and Risser

  6. Feb 21, 2012 · Senate

    Senate amendment 3 offered by Senators Erpenbach and Risser

  7. Feb 21, 2012 · Senate

    Senate amendment 4 offered by Senators Erpenbach and Risser

  8. Feb 21, 2012 · Senate

    Senate amendment 5 offered by Senators Erpenbach and Risser

  9. Feb 21, 2012 · Senate

    Senate amendment 6 offered by Senators Erpenbach and Risser

  10. Feb 21, 2012 · Senate

    Senate substitute amendment 1 offered by Senator Grothman

  11. Feb 22, 2012 · Senate

    LRB correction

  12. Feb 29, 2012 · Senate

    Senate substitute amendment 2 offered by Senator Grothman

  13. Mar 1, 2012 · Senate

    Senate amendment 1 to Senate substitute amendment 2 offered by Senators Erpenbach and Risser

  14. Mar 1, 2012 · Senate

    Executive action taken

  15. Mar 2, 2012 · Senate

    Report adoption of Senate Substitute Amendment 2 recommended by committee on Judiciary, Utilities, Commerce, and Government Operations, Ayes 5, Noes 0

  16. Mar 2, 2012 · Senate

    Report passage as amended recommended by committee on Judiciary, Utilities, Commerce, and Government Operations, Ayes 3, Noes 2

  17. Mar 2, 2012 · Senate

    Available for scheduling

  18. Mar 6, 2012 · Senate

    Placed on calendar 3-7-2012 pursuant to Senate Rule 18(1)

  19. Mar 7, 2012 · Senate

    Read a second time

  20. Mar 7, 2012 · Senate

    Senate substitute amendment 2 adopted

  21. Mar 7, 2012 · Senate

    Ordered to a third reading

  22. Mar 7, 2012 · Senate

    Rules suspended

  23. Mar 7, 2012 · Senate

    Read a third time and passed

  24. Mar 7, 2012 · Senate

    Ordered immediately messaged

  25. Mar 9, 2012 · Assembly

    Received from Senate

  26. Mar 9, 2012 · Assembly

    Read first time and referred to committee on Rules

  27. Mar 9, 2012 · Assembly

    LRB correction

  28. Mar 9, 2012 · Assembly

    LRB correction (Senate substitute amendment 1)

  29. Mar 9, 2012 · Assembly

    LRB correction (Senate substitute amendment 2)

  30. Mar 13, 2012 · Assembly

    Made a special order of business at 9:13 A.M. on 3-14-2012 pursuant to Assembly Resolution 24

  31. Mar 15, 2012 · Assembly

    Representative Barca added as a cosponsor

  32. Mar 15, 2012 · Assembly

    Representatives Clark, Bewley, Billings and Seidel added as cosponsors

  33. Mar 15, 2012 · Assembly

    Read a second time

  34. Mar 15, 2012 · Assembly

    Ordered to a third reading

  35. Mar 15, 2012 · Assembly

    Rules suspended

  36. Mar 15, 2012 · Assembly

    Read a third time and concurred in, Ayes 76, Noes 8, Paired 2

  37. Mar 15, 2012 · Assembly

    Ordered immediately messaged

  38. Mar 19, 2012 · Senate

    Received from Assembly concurred in

  39. Mar 26, 2012 · Senate

    Report correctly enrolled on 3-26-2012

  40. Mar 30, 2012 · Senate

    Presented to the Governor on 3-30-2012

  41. Apr 3, 2012 · Senate

    Report approved by the Governor on 4-2-2012. 2011 Wisconsin Act 199

  42. Apr 5, 2012 · Senate

    Published 4-16-2012

Terms on this page

Wisconsin Act

The number a bill gets when it becomes law, like 2025 Wisconsin Act 12.

Official term: Act. More in the glossary

Legislative Reference Bureau

The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.

Official term: LRB analysis. More in the glossary

Author

A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.

Official term: Author, coauthor. More in the glossary

Signed on in support

Lawmakers who back a bill without being one of its authors, often from the other chamber.

Official term: Cosponsor. More in the glossary

Roll call

A vote where each lawmaker's yes or no is recorded by name.

Official term: Roll call vote. More in the glossary

From the Wisconsin Legislature's official record, checked Sep 15, 2026. See the source

Wisconsin Act

The number a bill gets when it becomes law, like 2025 Wisconsin Act 12.

Official term: Act

Legislative Reference Bureau

The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.

Official term: LRB analysis

Author

A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.

Official term: Author, coauthor

Signed on in support

Lawmakers who back a bill without being one of its authors, often from the other chamber.

Official term: Cosponsor

Roll call

A vote where each lawmaker's yes or no is recorded by name.

Official term: Roll call vote