The proposed bill seeks to amend existing laws in Arkansas concerning outdoor recreation by establishing a new subchapter titled "Recreational Tramways" under Arkansas Code Title 15, Chapter 11. This legislation outlines the responsibilities and liabilities of outdoor recreation and tramway operators, emphasizing the inherent risks associated with outdoor activities. It defines key terms such as "recreational tramway" and "outdoor recreation operator," and specifies the duties of individuals engaging in these activities, including the necessity for reasonable care and adherence to safety protocols. The bill also mandates that tramway operators ensure safe operation and maintenance, conduct annual inspections, and provide guidance to passengers.
Additionally, the bill introduces provisions regarding liability and risk assumptions for outdoor recreation and tramway operators. It establishes that operators are not required to eliminate inherent risks, and participants are presumed to understand these risks. Liability for operators is limited to intentional, reckless, or grossly negligent actions, while defenses against claims include assumption of risk and contributory negligence. The Arkansas Occupational Safety and Health office will oversee tramway inspections, and a process for claims against state entities related to outdoor recreation will be established through the Arkansas State Claims Commission.