AN ACT REVISING STATUTES REGARDING SNOWMOBILE SAFETY AND LIABILITY BY CLARIFYING THE DUTIES OF SNOWMOBILERS AND SNOWMOBILE AREA OPERATORS; CLARIFYING THE INHERENT RISKS OF SNOWMOBILING; ELIMINATING THE PROVISION REGARDING THE EFFECT OF MONTANA COMPARATIVE NEGLIGENCE LAW ON RECOVERY FROM SNOWMOBILE AREA OPERATORS FOR DEATH OR INJURY RESULTING FROM AN INHERENT SNOWMOBILING RISK; AMENDING SECTIONS 23-2-651, 23-2-652, 23-2-653, AND 23-2-654, MCA; REPEALING SECTION 23-2-656, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

Section 1. Section 23-2-651, MCA, is amended to read:

"23-2-651. Purpose. The legislature finds that snowmobiling is a major recreational sport and a major industry in this state and recognizes that among the attractions of the sport are risks, inherent and otherwise. The state has a legitimate interest in:

(1) maintaining the economic viability of the snowmobiling industry by discouraging claims based on damages resulting from risks inherent in the sport;

(2) clarifying what the inherent risks of snowmobiling are; and

(3) establishing the duties of snowmobilers and snowmobile area operators."

Section 2. Section 23-2-652, MCA, is amended to read:

"23-2-652. Definitions. As used in 23-2-651 through 23-2-655, the following definitions apply:

(1) "Snowmobile" means a vehicle defined in 23-2-601(10).

(2) "Snowmobile area" means those areas designated as snowmobile trails or areas open to the operation of snowmobiles.

(3) "Snowmobile area operators" means those persons responsible for the maintenance of snowmobile trails and for the designation of open areas or those persons providing rental snowmobile equipment. Operators may include but are not limited to the United States forest service, the Montana department of fish, wildlife, and parks, the Montana snowmobile association, individual snowmobile clubs, landowners or their tenants, persons who offer snowmobile equipment for rent, and private trail grooming contractors.

(4) "Snowmobiler" means any person operating or riding a snowmobile."

Section 3. Section 23-2-653, MCA, is amended to read:

"23-2-653. Snowmobile area operators -- duties . (1) Consistent with the duty of reasonable care owed by a snowmobile area operator to a snowmobiler, the person responsible for the maintenance of or operation of a snowmobile area shall mark all trail maintenance vehicles and furnish the vehicles with flashing or rotating lights that must be in operation whenever the vehicles are working or are in movement in the snowmobile area.

(2) The snowmobile area operator owes a duty of reasonable care, as required by 27-1-701, to a snowmobiler except for the risks inherent in the sport of snowmobiling.

(3) Except as provided in this section, a snowmobile area operator has no duty to eliminate, alter, control, or lessen the risks inherent in the sport of snowmobiling. "

Section 4. Section 23-2-654, MCA, is amended to read:

"23-2-654. Snowmobiler's assumption of responsibility -- duties. (1) A snowmobiler shall operate a snowmobile at all times in a manner that avoids injury to self and others and must be aware of the inherent risks in the sport of snowmobiling.

(2) A snowmobiler shall:

(a) know the range of the snowmobiler's ability and snowmobile safely within the limits of that ability and the snowmobiler's equipment so as to negotiate any section of terrain or snowmobile trail safely and without injury or damage. A snowmobiler must be aware that the snowmobiler's ability may vary because of terrain or trail changes caused by weather, grooming changes, or snowmobile use.

(b) maintain control of speed and course at all times while snowmobiling so as to prevent injury to self and others;

(c) heed all posted warnings; and

(d) refrain from acting in a manner that may cause or contribute to the injury of anyone.

(3) A snowmobiler shall accept all legal responsibility for injury or damage of any kind to the extent that the injury or damage results from risks inherent in the sport of snowmobiling. Risks inherent in the sport of snowmobiling are:

(a) variations in terrain, including surface or subsurface snow or ice conditions naturally occurring or resulting from weather changes, snowmobile use, or grooming or snowmaking operations;

(b) bare spots or thin snow cover caused by limited snowfall, melting, wind erosion, snowmobile action, grooming, or unconsolidated base;

(c) rocks, trees, or other forms of forest growth or debris;

(d) clearly visible or plainly marked improvements or trail maintenance equipment; and

(e) avalanches.

(4) The provisions of this section do not affect a products liability cause of action based upon the design or manufacture of snowmobile equipment or products or safety equipment used incidental to the operation of a snowmobile."

Section 5. Repealer. Section 23-2-656, MCA, is repealed.

Section 6. Effective date. [This act] is effective on passage and approval.

- END -

I hereby certify that the within bill,

SB 0087, originated in the Senate.

Secretary of the Senate

President of the Senate

Signed this	day

of	, .

Speaker of the House

Signed this	day

of	, .

SENATE BILL NO. 87

INTRODUCED BY D. HARGROVE

AN ACT REVISING STATUTES REGARDING SNOWMOBILE SAFETY AND LIABILITY BY CLARIFYING THE DUTIES OF SNOWMOBILERS AND SNOWMOBILE AREA OPERATORS; CLARIFYING THE INHERENT RISKS OF SNOWMOBILING; ELIMINATING THE PROVISION REGARDING THE EFFECT OF MONTANA COMPARATIVE NEGLIGENCE LAW ON RECOVERY FROM SNOWMOBILE AREA OPERATORS FOR DEATH OR INJURY RESULTING FROM AN INHERENT SNOWMOBILING RISK; AMENDING SECTIONS 23-2-651, 23-2-652, 23-2-653, AND 23-2-654, MCA; REPEALING SECTION 23-2-656, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE.