00CS FOR HOUSE BILL NO. 12(FIN)                                                                                         
01 "An Act relating to civil liability for commercial recreational activities; and                                         
02 providing for an effective date."                                                                                       
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                               
04    * Section 1.  PURPOSE.  It is the purpose of this Act to establish the responsibilities of                         
05 persons who operate commercial recreational activities and persons who participate in those                             
06 recreational activities and to decrease uncertainty regarding the legal responsibility for injuries                     
07 that result from participation in commercial recreational activities.  It is also the purpose of                        
08 this Act to encourage the continued availability of businesses that offer commercial                                    
09 recreational activities to the public.                                                                                  
10    * Sec. 2.  AS 05 is amended by adding a new chapter to read:                                                       
11 Chapter 50.  Civil Liability for Commercial                                                                           
12 Recreational Activities.                                                                                              
13   Sec. 05.50.010.  Acceptance of inherent risks.  Participation in a commercial                                      
14 recreational activity constitutes acceptance of the inherent risks of the commercial                                    

01 recreational activity that are or should be apparent to an ordinarily prudent person.                                   
02  Sec. 05.50.020.  Contributory negligence.  A person who accepts an inherent                                         
03 risk of a commercial recreational activity as described in AS 05.50.010 is                                              
04 contributorily negligent to the extent that the inherent risk causes injury, death, or                                  
05 property damage.  In an action seeking to recover damages for injury or death to a                                      
06 person or harm to property resulting from an inherent risk of a commercial recreational                                 
07 activity, compensatory damages shall be reduced for contributory negligence as                                          
08 provided under AS 09.17.060.  In this section, "compensatory damages" do not include                                    
09 benefits paid under an insurance policy.                                                                                
10  Sec. 05.50.030.  Responsibilities of participants.  A participant in a                                              
11 commercial recreational activity has the responsibility to                                                              
12   (1)  learn about and expressly accept the risks of the activities;                                                   
13   (2)  act within the limits of the person's abilities;                                                                
14   (3)  heed all warnings regarding participation in the commercial                                                     
15 recreational activity;                                                                                                  
16   (4)  maintain control of the participant's person, the participant's                                                 
17 children, and any equipment, devices, or animals the participant is using;                                              
18   (5)  refrain from acting in a manner that may cause or contribute to                                                 
19 injury of the participant or another person.                                                                            
20  Sec. 05.50.040.  Responsibilities of operators of commercial recreational                                            
21 activities.  A person who operates a business that offers a commercial recreational                                    
22 activity shall                                                                                                          
23   (1)  explain to a participant the                                                                                    
24   (A)  fundamental inherent risks of the commercial recreational                                                      
25 activity; and                                                                                                           
26   (B)  skills or equipment required to participate in the commercial                                                  
27 recreational activity that are not apparent to an inexperienced participant;                                            
28   (2)  require that employees who are responsible for assisting participants                                           
29 in the actual performance of a commercial recreational activity have training in basic                                  
30 first aid and cardiopulmonary resuscitation and explain to those employees how to use                                   
31 emergency medical services available in the area;                                                                       

01   (3)  maintain recreational equipment and facilities in good repair;                                                  
02   (4)  provide trained and competent personnel; and                                                                    
03   (5)  act in a reasonably safe and competent manner.                                                                  
04  Sec. 05.50.050.  Interaction with other laws.  This chapter does not affect the                                     
05 immunity of an owner of unimproved land under AS 09.65.200 or of a ski area                                             
06 operator under AS 05.45.010.                                                                                            
07  Sec. 05.05.100.  Definitions.  In this chapter,                                                                     
08   (1)  "children" means persons under 18 years of age;                                                                 
09   (2)  "commercial recreational activity" means a recreational activity for                                            
10 which the participants pay compensation;                                                                                
11   (3)  "recreational activity" means an outdoor activity undertaken for the                                            
12 purpose of exercise, education, relaxation, pleasure, or sport or as a hobby.                                           
13     * Sec. 3.  This Act applies to acts or omissions that occur on or after the effective date of                     
14 this Act.                                                                                                               
15    * Sec. 4.  This Act takes effect July 1, 1998.