Legislature(1993 - 1994)

1994-04-25 House Journal

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1994-04-25                     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.