Legislature(1997 - 1998)

1998-04-27 House Journal

Full Journal pdf

1998-04-27                     House Journal                      Page 3285
HB 12                                                                        
	(d)  A municipality may not construct or maintain a municipal                
skating or cycling facility in a negligent manner.                             
	Sec. 05.55.050.  Skating and cycling duties and                             
responsibilities.  (a)  A person who is skating or cycling at a               
municipal skating or cycling facility                                          
		(1)  is responsible for knowing the range of the person's                   
own ability to negotiate a skating or cycling facility and to                  
recreate within the limits of the person's ability; in the case of a           
minor, the minor's parent or legal guardian is responsible for                 
determining whether the minor satisfies the requirements of this               
paragraph;                                                                     
		(2)  is responsible for an injury to a person or property                   
resulting from an inherent danger and risk of the activity, except             
that a person is not precluded under this chapter from suing                   
another person for an injury to person or property resulting from              
the other person's acts or omissions; notwithstanding any other                
provision of law, the risk of collision with another person is not             
an inherent danger or risk of using a skating or cycling facility in           
an action by one user of the facility against another;                         
		(3)  has the duty to                                                        
		(A)  maintain control of the person's speed and course                     
at all times when using the facility and to maintain a proper                  
lookout so as to be able to avoid other persons, objects, and                  
debris; however, a person on a downhill slope has a primary                    
duty to avoid collision with a person or object below the                      
person;                                                                        
		(B)  perform a visual inspection of the facility before                    
each use;                                                                      
		(C)  ensure that all areas of the facility the person                      
intends to use are free and clear of natural or manmade debris                 
that would interfere with the person's use of the facility;                    
		(D)  heed all posted information and other warnings                        
and to refrain from acting in a manner that may cause or                       
contribute to the injury of the person; evidence that signs as                 
required by AS 05.55.040 or as required by consistent local                    
laws were present, visible, and readable at the beginning of a                 
given day creates the presumption that a person using the                      
facility on that day has seen and understood the sign; and                     
		(4)  may not use a skating or cycling facility                              
                                                                               

1998-04-27                     House Journal                      Page 3286
HB 12                                                                        
		(A)  while the person's ability is impaired by the                         
influence of alcohol or a controlled substance as defined in AS                
11.71.900 or other drugs;                                                      
		(B)  if the person does not have sufficient physical                       
dexterity or ability and knowledge to negotiate or use the                     
facility safely; in the case of a minor who uses a municipal                   
skating or cycling facility, the minor's parent or legal guardian              
is responsible for determining whether the minor satisfies the                 
requirements of this paragraph;                                                
		(C)  if the person is not wearing knee pads, elbow                         
pads, shoes, and a helmet at all times.                                        
	(b)  A person may not skateboard or cycle at a municipal                     
skating or cycling facility if the facility has been posted as                 
"closed."                                                                      
	Sec. 05.55.060.  Competition:  immunity for municipality                    
operating a skating or cycling facility.  (a)  A municipality shall,          
before beginning recreational competition at a municipal skating               
or cycling facility, allow an athlete who will participate in the              
competition a reasonable visual inspection of the course or area               
where the competition is to be held.                                           
	(b)  A person in competition at a municipal skating or cycling               
facility assumes the risk of all course or area conditions, course             
construction or layout, and obstacles that a visual inspection would           
have revealed.  A municipality is not liable for injury to a person            
who competed at a municipal skating or cycling facility operated               
by the municipality and who is injured as a result of a risk                   
described in this subsection.                                                  
	Sec. 05.55.100.  Definitions.  In this chapter,                            
		(1)  "inherent dangers and risks of the activity" means a                   
danger or condition that is an integral part of the activity,                  
including collisions with man-made objects; impact with ramps,                 
signs, posts, fences, or enclosures, or other man-made structures              
and their components; variations in slope and steepness; collisions            
with other persons; and the failure of a person to perform the                 
activity within their own abilities; the term "inherent dangers and            
risks of the activity" does not include the negligence of a                    
municipality that is responsible for a municipal facility;                     
		(2)  "injury" means property damage, personal injury, or                    
death;                                                                         
                                                                               

1998-04-27                     House Journal                      Page 3287
HB 12                                                                        
		(3)  "skating or cycling" means skateboarding, cycling,                     
coasting, roller-skating, or in-line skating or a combination of               
those activities."                                                             
                                                                               
Renumber the following bill sections accordingly.                              
                                                                               
Representative Davies moved and asked unanimous consent that                   
Amendment No. 2 be adopted.  There being no objection, it was so               
ordered and the new title appears below:                                       
                                                                               
CS FOR HOUSE BILL NO. 12(FIN) am                                              
"An Act relating to civil liability for commercial recreational               
activities and certain skating and cycling activities; and providing           
for an effective date."                                                        
                                                                               
The following members moved and asked unanimous consent that they              
be allowed to abstain from voting due to a conflict of interest:               
                                                                               
Representative Ogan                                                           
Representative Masek                                                          
	Representative Barnes                                                         
                                                                               
Objection was heard, and the members were required to vote.                    
                                                                               
The question being:  "Shall CSHB 12(FIN) am pass the House?"  The              
roll was taken with the following result:                                      
                                                                               
CSHB 12(FIN) am                                                                
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  32   NAYS:  4   EXCUSED:  4   ABSENT:  0                              
                                                                               
Yeas:  Austerman, Bunde, Cowdery, Davies, Davis, Dyson, Elton,                 
Foster, Green, Grussendorf, Hodgins, Hudson, Ivan, James, Joule,               
Kelly, Kemplen, Kohring, Kookesh, Kott, Martin, Masek, Mulder,                 
Nicholia, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault,         
Williams                                                                       
                                                                               
Nays:  Barnes, Berkowitz, Croft, Kubina                                        
                                                                               

1998-04-27                     House Journal                      Page 3288
HB 12                                                                        
Excused:  Brice, Hanley, Moses, Vezey                                          
                                                                               
And so, CSHB 12(FIN) am passed the House.                                      
                                                                               
Representative Porter 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 Berkowitz gave notice of reconsideration of his vote on         
CSHB 12(FIN) am.