03/24/1994 08:35 AM House FIN

  HB 300    An Act relating to  civil liability for commercial                 
            recreational  activities;  and  providing  for  an                 
            effective date.                                                    
                                                                               
            CS HB 300 (JUD) was reported out of Committee with                 
            a "do  pass" recommendation  and with zero  fiscal                 
            notes by the Department of Administration  and the                 
            Department of Commerce and Economic Development.                   
                                                                               
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  HOUSE BILL 300                                                               
                                                                               
       "An  Act  relating to  civil  liability for  commercial                 
       recreational activities; and providing for an effective                 
       date."                                                                  
                                                                               
  REPRESENTATIVE  BILL   HUDSON  stated   that  the   proposed                 
  legislation  has   the  support  of   the  Alaska   Visitors                 
  Association   and   the    Alaska   Wilderness    Recreation                 
  Association.      HB  300   was   introduced  to   establish                 
  responsibility  of  persons who  operate and  participate in                 
  commercial recreational activities.   Representative  Hudson                 
  added  that  similar  legislation   introduced  in  Colorado                 
  impacted the state by  decreasing insurance premiums fifteen                 
  to twenty percent (15% -20%).                                                
                                                                               
  Representative   Navarre  noted   his   concern  with   Sec.                 
  05.45.020,  "Contributory  Negligence"   and  asked  if  the                 
  language was new.  Representative Hudson replied that it was                 
  existing language.  He added that this section would provide                 
  provisions similar to  the ski bill which  previously passed                 
  the Committee.  Operators have the responsibility to explain                 
  fundamental and inherent risks which are not apparent  to an                 
  inexperienced participant.   The proposed  legislation would                 
  not modify the individuals liability.                                        
                                                                               
  Representative Parnell referenced Page 2, Line 17, and asked                 
  if the word  "using" would  be restrictive.   Representative                 
  Hudson clarified that the language  suggests control of your                 
  person, children and  any equipment  or devices and  animals                 
  that should engage in the activity must take responsibility.                 
  Representative Navarre stressed that the person  maintaining                 
  the   operation   must   be  given   equal   responsibility.                 
  Representative Hudson advised that the legislation would not                 
  eliminate all potential litigations.                                         
                                                                               
  CLARK  GRUENING,  ALASKA   VISITOR'S  ASSOCIATION,   JUNEAU,                 
  informed the  Committee members that HB 300 differs from the                 
  ski bill which dealt with the "inherent risk" of skiing.  In                 
  that legislation, the attempt was to define "inherent risk".                 
  HB 300  does not attempt to  define a bar to  recovery which                 
  falls  within the risk area.  This legislation addresses the                 
  "contributory negligence".                                                   
                                                                               
  Mr. Gruening  continued that  the section  which deals  with                 
  "contributory negligence" is new.  That section requires the                 
  operator to  explain the risks and to provide instruction in                 
  order to protect the user.                                                   
                                                                               
                                                                               
                                4                                              
                                                                               
                                                                               
  Representative Brown  asked if "weather" would be considered                 
  an  "inherent  risk".     Mr.  Gruening  stated   it  would.                 
  Discussion  followed  among   Committee  members   regarding                 
  activities  which  involve  weather   conditions  and  guide                 
  operators.                                                                   
                                                                               
  (Tape Change, HFC 94-82, Side 1).                                            
                                                                               
  Representative Foster MOVED to report CS HB 300 (JUD) out of                 
  Committee  with  individual  recommendations  and  with  the                 
  accompanying fiscal notes.  There being NO OBJECTION, it was                 
  so ordered.                                                                  
                                                                               
  CS  HB 300 (JUD)  was reported out  of Committee with  a "do                 
  pass"  recommendation  and  with zero  fiscal  notes  by the                 
  Department of  Commerce  and Economic  Development  and  the                 
  Department of Administration.