Very few states in ski country have comprehensive ski area liability legislation. Getting legislation passed is not easy, but it certainly is possible if you are willing to work for it.
Legislation is an important part of bringing stability to our insurance market, which is in crisis over the number of cases and the trends in cases, rising court costs, and astronomic settlements. Clear legislation will cut the large number of “nuisance suits” that now may cost $25-30,000 each to defend.
The timing for action is presently good, and improving. From our experience in New Hampshire law-makers are beginning to see the big price tags on consumerism and the “sue them” mentality. In New Hampshire, where skiing is a very important part of the economy, legislators see the importance of a strong ski industry.
While methods may vary somewhat according to your resources, here are some ideas we’ve developed in working on House Bill 39:
1. Form a ski operators committee with about six high-energy people. Start work well in advance. Study the problem. Gather facts. Observe what others are doing.
2. Sell the idea to a legislative leader who can sponsor your bill and guide it through the legislative process. We were very lucky to have Rep. Howard Dickinson from Center Conway in ski country come to our aid. Rep. Dickinson formed a group of co-sponsors and spent many hours effort on HB 39.
3. Have qualified legal counsel monitor all wording throughout the entire legislative process. Have counsel at hearings to field technical questions and clarify terminology. NSAA’s Dave Cleary spotted the phrase “reasonable care” with which the Judiciary Committee tried to torpedo our bill.
4. Prior to any legislative hearings bring all the various interested groups together to critique the draft. Get their input in the planning stage. Nothing will kill a bill faster than, say, some nordic ski operator bad mouthing the bill at a hearing. Get the skier interests involved! The consumers want access to us if we are negligent. However, they also see that clear, fair legislation is the route to stabilizing lift tickets, so they’ll gladly work with you. In fact Harry Brown’s testimony on behalf of USSA and the lobbying by various USSA interests probably spelled the success for HB 39. It’s very impressive when the consumer and the businessman join forces! Form a working committee from the various interests.
5. Keep a non-existent press profile, if possible. The press often twists the facts, tips off the lawyers and other opposition, and develops into a political football with name-calling, etc. Once the bill gets into the general court, then work with the press.
6. Carefully prepare all testimony for hearings. Have legal counsel check wording. Type all testimony with copies for all committee members. We developed a folder with all the facts for each member. A single representative from each interest group should make a brief report. Too many speakers take valuable committee time and often confuse the issue. Start the testimony with some background, outline the problem. Then someone else can “walk through the bill,” with testimony then flowing from others. Hold your lawyer in reserve to counter opposition and clarify points. Being well organized is very impressive and helpful to the hearing committee. We tried to steer our bill into a Recreation committee, but Judiciary got it, so a House floor fight was necessary, which made us lobby harder.
7. Develop a lobbying plan. Legislators often get confused about who or what a professional lobbyist represents, so it’s better to represent yourself. New Hampshire has the second largest House in the free world, but fortunately Pats Peak’s Dave Currier was a past representative who knew his was around Concord. Legislators listen to their own electoral speaking on behalf of his employees has more clout. Letters and phone calls from your workers are very effective. (A wise employers today spends time developing this rapport). Skiers have votes too and this is where the USSA can help. A ski club member, a racer, or a recreational skier can certainly influence a law maker. Since so few citizens ever contact their legislators, the ones that do get heard.
So sponsors and your other legislative friends can certainly influence their peers. This was very true for us in the House floor fight. The economic impact of skiing and the fact that both the skiers and ski operators were for HB 39 were important for law makers throughout the state.
In getting the ski operators to lobby effectively we sent sample copies of what to write and say. It’s helpful to tape record all hearings and floor debates in one legislative branch, so you can plan your stategy in the other.
8. Have faith in our system. Our legislative process from the outside looks impenetrable—and on the inside sometimes seems like a carnival—, but it does work and it can work for you, IF you are willing to expend the effort. Our team pulled together and got the job done.
For the record, the New Hampshire Ski area Operators Legislative Committee consists of Stan Judge of Wildcat, Tom Corcoran of Waterville, Phil Gravink of Loon, Dave Currier of Pats Peak and Mike Beebe of Temple. Important
