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 .
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Introduced, passed
Jan 19, 2012
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Committee, passed
Approved
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Senate vote, passed
Passed Mar 7, 2012
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Assembly vote, passed
Passed 76 to 8
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Governor, passed
Signed
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Law, here now
2011 Wisconsin Act 199
Latest entry in the official record, Apr 5, 2012: “Published 4-16-2012”
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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
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 Show less
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 Hide the names
Authors (5)
- Pam Galloway · Republican, Senate
- Glenn Grothman · Republican, Senate
- Neal Kedzie · Republican, Senate
- Dale Schultz · Republican, Senate
- Van Wanggaard · Republican, Senate
Signed on in support (9)
- Joan Ballweg · Republican, Senate
- Peter Barca · Democrat, Assembly
- Edward Brooks · Republican, Assembly
- Clark, Bewley, Billings and Seidel
- Steve Doyle · Democrat, Assembly
- Samantha Kerkman · Republican, Assembly
- Steve Kestell · Republican, Assembly
- Daniel LeMahieu · Republican, Assembly
- Pat Strachota · Republican, Assembly
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 Hide the names
D: Democrat, I: Independent, R: Republican
Yes (76)
- Alvin Ott (R, 3)
- Amy Loudenbeck (R, 31)
- Amy Sue Vruwink (D, 70)
- André Jacque (R, 1)
- Andy Jorgensen (D, 43)
- Bill Kramer (R, 97)
- Bob Ziegelbauer (I, 25)
- Brett Hulsey (D, 78)
- Chad Weininger (R, 4)
- Chris Danou (D, 92)
- Chris Kapenga (R, 33)
- Cory Mason (D, 66)
- Dale Kooyenga (R, 5)
- Dan Knodl (R, 24)
- Daniel LeMahieu (R, 59)
- David Craig (R, 28)
- Dean Kaufert (R, 53)
- Don Pridemore (R, 22)
- Donna Seidel (D, 85)
- Duey Stroebel (R, 20)
- Edward Brooks (R, 50)
- Fred Clark (D, 81)
- Garey Bies (R, 1)
- Gary Tauchen (R, 6)
- Gordon Hintz (D, 54)
- Howard Marklein (R, 17)
- Janet Bewley (D, 25)
- Janis Ringhand (D, 15)
- Jeff Fitzgerald (R, 39)
- Jeff Mursau (R, 36)
- Jeffrey Stone (R, 82)
- Jeremy Thiesfeldt (R, 52)
- Jerry Petrowski (R, 29)
- Jill Billings (D, 95)
- Jim Ott (R, 23)
- Joan Ballweg (R, 14)
- Joe Knilans (R, 44)
- Joel Kleefisch (R, 38)
- John Klenke (R, 88)
- John Nygren (R, 89)
- Josh Zepnick (D, 9)
- Karl Van Roy (R, 90)
- Kathleen Bernier (R, 23)
- Keith Ripp (R, 42)
- Kevin Petersen (R, 57)
- Lee Nerison (R, 96)
- Leon Young (D, 16)
- Louis Molepske Jr. (D, 71)
- Margaret Krusick (D, 7)
- Mark Honadel (R, 21)
- Mary Williams (R, 87)
- Michelle Litjens (R, 56)
- Mike Endsley (R, 26)
- Mike Kuglitsch (R, 84)
- Nick Milroy (D, 73)
- Pat Strachota (R, 58)
- Paul F. Farrow (R, 33)
- Penny Bernard Schaber (D, 57)
- Peter Barca (D, 64)
- Richard Spanbauer (R, 53)
- Robert Turner (D, 61)
- Robin Vos (R, 33)
- Roger Rivard (R, 75)
- Samantha Kerkman (R, 61)
- Sandy Pasch (D, 10)
- Scott Krug (R, 72)
- Scott Suder (R, 69)
- Sondy Pope (D, 80)
- Steve Doyle (D, 94)
- Steve Kestell (R, 27)
- Steve Nass (R, 11)
- Terese Berceau (D, 77)
- Thomas Larson (R, 67)
- Travis Tranel (R, 49)
- Tyler August (R, 31)
- Warren Petryk (R, 93)
No (8)
- Barbara Toles (D, 17)
- Chris Taylor (D, 76)
- Frederick Kessler (D, 12)
- Gary Hebl (D, 46)
- JoCasta Zamarripa (D, 8)
- Jon Richards (D, 19)
- Kelda Roys (D, 26)
- Mark Pocan (D, 78)
Didn't vote (13)
- Christine Sinicki (D, 20)
- Dan Meyer (R, 34)
- Dean Knudson (R, 30)
- Elizabeth Coggs (D, 10)
- Evan Wynn (R, 43)
- Jason Fields (D, 11)
- Jim Steineke (R, 5)
- John Murtha (R, 29)
- John Steinbrink (D, 65)
- Mark Radcliffe (D, 92)
- Tamara Grigsby (D, 18)
- Thomas Tiffany (R, 12)
- Tony Staskunas (D, 15)
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
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Apr 5, 2012
The new law was published.
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Apr 3, 2012
The governor signed it. It became 2011 Wisconsin Act 199.
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Mar 30, 2012
Sent to the governor.
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Mar 15, 2012
The Assembly passed it too, 76 to 8.
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Mar 15, 2012
5 more representatives signed on in support.
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Mar 9, 2012
Sent to the Assembly Committee on Rules.
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Mar 9, 2012
The Assembly received it.
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Mar 7, 2012
The Senate passed it.
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Mar 7, 2012
The Senate adopted it.
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Mar 2, 2012
The committee voted to recommend passing it, 3 to 2.
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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)
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Feb 8, 2012
The committee held a public hearing.
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Jan 19, 2012
Sent to the Senate Committee on Judiciary, Utilities, Commerce, and Government Operations.
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Jan 19, 2012
Introduced in the Senate.
See the official record, word for word Hide the official record
- Jan 19, 2012 · Senate
Introduced by Senators Grothman, Galloway, Wanggaard, Schultz and Kedzie;Cosponsored by Representatives Strachota, Brooks, LeMahieu, Kerkman, Ballweg, Kestell and Doyle
- Jan 19, 2012 · Senate
Read first time and referred to committee on Judiciary, Utilities, Commerce, and Government Operations
- Feb 8, 2012 · Senate
Public hearing held
- Feb 21, 2012 · Senate
- Feb 21, 2012 · Senate
- Feb 21, 2012 · Senate
- Feb 21, 2012 · Senate
- Feb 21, 2012 · Senate
- Feb 21, 2012 · Senate
- Feb 21, 2012 · Senate
Senate substitute amendment 1 offered by Senator Grothman
- Feb 22, 2012 · Senate
LRB correction
- Feb 29, 2012 · Senate
Senate substitute amendment 2 offered by Senator Grothman
- Mar 1, 2012 · Senate
Senate amendment 1 to Senate substitute amendment 2 offered by Senators Erpenbach and Risser
- Mar 1, 2012 · Senate
Executive action taken
- 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
- Mar 2, 2012 · Senate
Report passage as amended recommended by committee on Judiciary, Utilities, Commerce, and Government Operations, Ayes 3, Noes 2
- Mar 2, 2012 · Senate
Available for scheduling
- Mar 6, 2012 · Senate
Placed on calendar 3-7-2012 pursuant to Senate Rule 18(1)
- Mar 7, 2012 · Senate
Read a second time
- Mar 7, 2012 · Senate
Senate substitute amendment 2 adopted
- Mar 7, 2012 · Senate
Ordered to a third reading
- Mar 7, 2012 · Senate
Rules suspended
- Mar 7, 2012 · Senate
Read a third time and passed
- Mar 7, 2012 · Senate
Ordered immediately messaged
- Mar 9, 2012 · Assembly
Received from Senate
- Mar 9, 2012 · Assembly
Read first time and referred to committee on Rules
- Mar 9, 2012 · Assembly
LRB correction
- Mar 9, 2012 · Assembly
LRB correction (Senate substitute amendment 1)
- Mar 9, 2012 · Assembly
LRB correction (Senate substitute amendment 2)
- Mar 13, 2012 · Assembly
Made a special order of business at 9:13 A.M. on 3-14-2012 pursuant to Assembly Resolution 24
- Mar 15, 2012 · Assembly
Representative Barca added as a cosponsor
- Mar 15, 2012 · Assembly
Representatives Clark, Bewley, Billings and Seidel added as cosponsors
- Mar 15, 2012 · Assembly
Read a second time
- Mar 15, 2012 · Assembly
Ordered to a third reading
- Mar 15, 2012 · Assembly
Rules suspended
- Mar 15, 2012 · Assembly
Read a third time and concurred in, Ayes 76, Noes 8, Paired 2
- Mar 15, 2012 · Assembly
Ordered immediately messaged
- Mar 19, 2012 · Senate
Received from Assembly concurred in
- Mar 26, 2012 · Senate
Report correctly enrolled on 3-26-2012
- Mar 30, 2012 · Senate
Presented to the Governor on 3-30-2012
- Apr 3, 2012 · Senate
Report approved by the Governor on 4-2-2012. 2011 Wisconsin Act 199
- 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
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