Legislature(1993 - 1994)
1994-04-25 House Journal
Full Journal pdf1994-04-25 House Journal Page 3714 SB 44 The following was read the second time: CS FOR SENATE BILL NO. 44(JUD) am "An Act relating to civil liability for skiing accidents, operation of ski areas, and duties of ski area operators and skiers; and providing for an effective date." with the: Journal Page FIN RPT HCS(FIN) 4DP 1DNP 5NR 3662 -5 PREVIOUS SENATE ZERO FISCAL NOTES 3663 ...(COURT, ADM, LABOR, DCED, DNR) 2/9/94 3663 Representative Phillips moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: HOUSE CS FOR CS FOR SENATE BILL NO. 44(FIN) (same title) There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Brown: Page 3, line 21: Delete "and" 1994-04-25 House Journal Page 3715 SB 44 Page 3, line 23: Delete "." Insert "; and (5) retain the comparative negligence or comparative fault analysis applicable under existing law where an injury results from a violation of AS05.45, the plan of operation, or a regulation adopted under AS05.20.070 on the part of the ski area operator or from a combination of such a violation on the part of the ski area operator and an inherent risk of skiing." Representative Brown moved and asked unanimous consent that Amendment No. 1 be adopted. Objection was heard and withdrawn. There being no further objection, Amendment No. 1 was adopted. Amendment No. 2 was offered by Representative Ulmer: Page 14, line 17: Delete "slope design," Representative Ulmer moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Mulder objected. **The presence of Representative Mackie, who had been previously excused from a call of the House today (page 3697), was noted. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: HCS CSSB 44(FIN) am H Second Reading Amendment No. 2 YEAS: 21 NAYS: 17 EXCUSED: 1 ABSENT: 1 1994-04-25 House Journal Page 3716 SB 44 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davidson, Davies, B.Davis, Finkelstein, Grussendorf, Larson, Mackie, MacLean, Menard, Moses, Navarre, Nicholia, Nordlund, Sitton, Ulmer, Willis Nays: G.Davis, Green, Hanley, Hoffman, Hudson, James, Kott, Martin, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Toohey, Vezey, Williams Excused: Foster Absent: Therriault And so, Amendment No. 2 was adopted. Amendment Nos. 3, 4, 5 and 6 were not offered. Amendment No. 7 was offered by Representative Bunde: Page 13, line 24, after "enforced.": Insert "A ski area operator who violates this subsection is subject to a civil fine not to exceed $10,000. The attorney general may enforce this subsection" Representative Bunde moved and asked unanimous consent that Amendment No. 7 be adopted. Representative Mulder objected. The question being: "Shall Amendment No. 7 be adopted?" The roll was taken with the following result: HCS CSSB 44(FIN) am H Second Reading Amendment No. 7 YEAS: 7 NAYS: 29 EXCUSED: 1 ABSENT: 3 1994-04-25 House Journal Page 3717 SB 44 Yeas: Bunde, Davidson, B.Davis, Finkelstein, Menard, Nordlund, Willis Nays: Barnes, Brown, Davies, G.Davis, Green, Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Moses, Mulder, Navarre, Nicholia, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey Excused: Foster Absent: Brice, Carney, Williams And so, Amendment No. 7 was not adopted. Amendment No. 8 was offered by Representative Bunde: Page 14, lines 9 - 21: Delete all material and insert: "(3) "inherent danger and risk of skiing" means a necessary condition that is an integral part of the sport of skiing and that may not be eliminated or mitigated; the term "inherent danger and risk of skiing" does not include the negligence of a ski area operator under AS05.45.020(a), or acts or omissions of a ski area operator involving the use or operation of ski lifts;" Representative Bunde moved and asked unanimous consent that Amendment No. 8 be adopted. Representative Parnell objected. The question being: "Shall Amendment No. 8 be adopted?" The roll was taken with the following result: HCS CSSB 44(FIN) am H Second Reading Amendment No. 8 YEAS: 5 NAYS: 33 EXCUSED: 1 ABSENT: 1 1994-04-25 House Journal Page 3718 SB 44 Yeas: Bunde, Davidson, Finkelstein, MacLean, Willis Nays: Barnes, Brice, Brown, Davies, B.Davis, G.Davis, Green, Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie, Martin, Menard, Moses, Mulder, Navarre, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey, Williams Excused: Foster Absent: Carney And so, Amendment No. 8 was not adopted. Amendment No. 9 was offered by Representative Nordlund: Page 10, line 11, after "resulting": Insert "solely" Representative Nordlund moved and asked unanimous consent that Amendment No. 9 be adopted. Representative Parnell objected. Representative Nordlund moved and asked unanimous consent to withdraw Amendment No. 9. There being no objection, it was so ordered. New Amendment No. 9 was offered by Representatives Nordlund and Parnell: Page 10, line 12: Delete "A skier may not recover from a ski area operator for an injury resulting from any of the" 1994-04-25 House Journal Page 3719 SB 44 Page 10, line 13: Delete "inherent" Insert "Inherent" Page 10, line 14: Delete ", including" Insert "include" Representative Nordlund moved and asked unanimous consent that New Amendment No. 9 be adopted. There being no objection, it was so ordered. Representative Phillips moved and asked unanimous consent that HCS CSSB 44(FIN) am H be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. HCS CSSB 44(FIN) am H was read the third time. The question being: "Shall HCS CSSB 44(FIN) am H pass the House?" The roll was taken with the following result: HCS CSSB 44(FIN) am H Third Reading Final Passage YEAS: 29 NAYS: 8 EXCUSED: 1 ABSENT: 2 Yeas: Brice, Brown, Bunde, G.Davis, Green, Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Larson, Martin, Menard, Moses, Mulder, Navarre, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Ulmer, Vezey, Williams Nays: Barnes, Carney, Davies, B.Davis, Finkelstein, MacLean, Sitton, Willis 1994-04-25 House Journal Page 3720 SB 44 Excused: Foster Absent: Davidson, Mackie And so, HCS CSSB 44(FIN) am H passed the House. Representative Phillips moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. Representative Mulder gave notice of reconsideration of his vote on HCS CCSB 44(FIN) am H.