Virginia House Bill 1958 (Prior Session Legislation)

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Spectrum: Partisan Bill (Republican 1-0)
Status: Engrossed on January 26 2023 - 50% progression, died in chamber
Action: 2023-02-13 - Passed by indefinitely in Judiciary (9-Y 6-N)
Text: Latest bill text (Comm Sub) [HTML]

Campgrounds; inherent risks; liability. Provides that a person who goes camping at a campground shall be presumed to have known the inherent risks of camping, as defined in the bill. The bill provides that a campground professional, as defined in the bill, shall not be liable for the injury to or death of a camping participant resulting from the inherent risks of camping. The bill further provides that no camping participant or camping participant's representative is authorized to maintain an action against or recover from a camping professional for injury to, loss or damage by, or death of the camping participant resulting exclusively from any of the inherent risks of camping, provided that in any action for damages against a camping professional for camping activity, the camping professional pleads the affirmative defense of assumption of the risk. The bill excludes from such immunity acts taken by a camping professional to intentionally cause personal injury or death or property damage, acts made with a willful or wanton disregard for the safety of the camping participant, and instances wherein the camping professional has actual knowledge or reasonably should have known of a dangerous condition on the land or in the facilities or equipment used in the activity and does not make the danger known to the camping participant. Campgrounds; inherent risks; liability. Provides that a person who goes camping at a campground shall be presumed to have known the inherent risks of camping, as defined in the bill. The bill provides that a campground professional, as defined in the bill, shall not be liable for the injury to or death of a camping participant resulting from the inherent risks of camping. The bill further provides that no camping participant or camping participant's representative is authorized to maintain an action against or recover from a camping professional for injury to, loss or damage by, or death of the camping participant resulting exclusively from any of the inherent risks of camping, provided that in any action for damages against a camping professional for camping activity, the camping professional pleads the affirmative defense of assumption of the risk. The bill excludes from such immunity acts taken by a camping professional to intentionally cause personal injury or death or property damage, acts made with a willful or wanton disregard for the safety of the camping participant, and instances wherein the camping professional has actual knowledge or reasonably should have known of a dangerous condition on the land or in the facilities or equipment used in the activity and does not make the danger known to the camping participant.

Campgrounds; definitions, inherent risks, liability, notice required.

Del. James Leftwich [R]

2023-02-13 - Senate - Senate: Passed by indefinitely in Judiciary (9-Y 6-N) (Y: 9 N: 6 NV: 0 Abs: 0) [PASS]
2023-01-27 - House - House: VOTE: Passage (75-Y 23-N) (Y: 75 N: 23 NV: 0 Abs: 2) [PASS]
2023-01-23 - House - House: Reported from Courts of Justice with substitute (17-Y 3-N) (Y: 17 N: 3 NV: 0 Abs: 0) [PASS]
2023-01-23 - House - House: Reported from Courts of Justice with substitute (16-Y 3-N) (Y: 16 N: 3 NV: 0 Abs: 1) [PASS]
2023-01-20 - House - House: Subcommittee recommends reporting with substitute (5-Y 2-N) (Y: 5 N: 2 NV: 0 Abs: 1) [PASS]

Date	Chamber	Action
2023-02-13	Senate	Passed by indefinitely in Judiciary (9-Y 6-N)
2023-01-30	Senate	Referred to Committee on the Judiciary
2023-01-30	Senate	Constitutional reading dispensed
2023-01-27	House	VOTE: Passage (75-Y 23-N)
2023-01-27	House	Read third time and passed House (75-Y 23-N)
2023-01-26	House	Engrossed by House - committee substitute HB1958H1
2023-01-26	House	Committee substitute agreed to 23105239D-H1
2023-01-26	House	Read second time
2023-01-25	House	Read first time
2023-01-23	House	Committee substitute printed 23105239D-H1
2023-01-23	House	Reported from Courts of Justice with substitute (17-Y 3-N)
2023-01-20	House	Subcommittee recommends reporting with substitute (5-Y 2-N)
2023-01-19	House	Assigned Courts sub: Subcommittee #2
2023-01-10	House	Referred to Committee for Courts of Justice
2023-01-10	House	Prefiled and ordered printed; offered 01/11/23 23101881D

Chapter	Article	Section	Citation Type	Statute Text
35	1	17.1	(n/a)	See Bill Text

Type	Source
Summary	https://lis.virginia.gov/cgi-bin/legp604.exe?231+sum+HB1958
Text	https://lis.virginia.gov/cgi-bin/legp604.exe?231+ful+HB1958+hil
Text	https://lis.virginia.gov/cgi-bin/legp604.exe?231+ful+HB1958H1+hil
Amendment	https://committees.lis.virginia.gov/pdfs/drafts/23104956D.pdf
Amendment	https://committees.lis.virginia.gov/pdfs/23104956D.pdf
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?231+vot+H0802V0023+HB1958
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?231+vot+H08V0053+HB1958
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?231+vot+H08V0060+HB1958
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?231+vot+HV1154+HB1958
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?231+vot+S03V0233+HB1958