SS SCS SB 346 -- WATERCRAFT OUTFITTERS

SPONSOR:  Clemens (Ruestman)

COMMITTEE ACTION:  Voted "do pass" by the Committee on Judiciary
by a vote of 11 to 0 with 2 present.

This substitute gives immunity to outfitters of paddlesport
activities for injuries or death to participants due to the
inherent risks of paddlesport activities.  Outfitters are not
immune from liability arising out of an employer-employee
relationship.  Outfitters are also not immune from liability when
an outfitter acts intentionally or negligently, provides unsafe
equipment or watercraft, fails to provide a personal flotation
device, or fails to exercise ordinary care.  All outfitters must
post and maintain a warning in a clearly visible location and
must include the warning in all contracts with participants.

FISCAL NOTE:  No impact on state funds in FY 2006, FY 2007, and
FY 2008.

PROPONENTS:  Supporters say that the bill doesn't give
paddlesport operators complete immunity, but it does offer
protection from claims arising out of activities that happen on
the river in areas outside of the control of the outfitters.

Testifying for the bill were Missouri Canoe and Floaters
Association; Ozark Heritage Tourism Association; GPD Insurance
Agency, LLC; Keyes Canoe Rental; Bass' River Resort; Gasconade
Hills Resort; Missouri Campground Association; Mid-Missouri
Tourism Association; and Steelville Chamber of Commerce.

OPPONENTS:  There was no opposition voiced to the committee.

Amy Woods, Senior Legislative Analyst

Missouri House of Representatives
93rd General Assembly, 1st Regular Session
Last Updated August 25, 2005 at 1:21 pm