Legislature(2001 - 2002)

04/20/2001 04:03 PM Senate RES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
               HB 111-CIVIL LIABILITY AND LIVESTOCK                                                                         
                                                                                                                              
CHAIRMAN TORGERSON announced HB 111 to be up for consideration.                                                                 
                                                                                                                                
REPRESENTATIVE  JOHN COGHILL, sponsor, said the intent  of HB 111 is                                                            
to  encourage  livestock  activity  and  to  provide  limited  civil                                                            
liability  for  some  of  the  inherent  risks  involved  in  having                                                            
livestock. It references  the wrongful death statute, exempting this                                                            
particular section,  and defines the exemption for  gross negligence                                                            
and intentional  misconduct.  The primary intent  of the bill  is to                                                            
give some relief  to those who work  around fairs and the  like, who                                                            
do not want to get sued  for negligence by someone who was bit while                                                            
petting their  animal or some similar  situation. He said  this bill                                                            
was put together  by some 4-H students in Fairbanks  and was brought                                                            
to him as part of a 4-H project.                                                                                                
                                                                                                                                
MS. KATIE SCHOLLENBERG,  President,  Trail Blazers 4-H Club,  stated                                                            
support for the bill.                                                                                                           
                                                                                                                                
MS.  DARCY DAVIES  said  she is  involved  in a  therapeutic  riding                                                            
program and is a coach  for a Special Olympics equestrian program in                                                            
Fairbanks.  She said this  bill would eliminate  liability  if their                                                            
animals hurt  someone. She said the  Special Olympics program  has a                                                            
lot  of  problems   finding  enough  horses  for  participants   and                                                            
sometimes has to turn people  away. They would have enough horses if                                                            
this bill passed,  because people would be willing  to lend them out                                                            
if they  were protected from  liability. She  related how her  horse                                                            
accidentally  broke  the  hand of  a child  who  was petting  it  by                                                            
accidentally catching the child's hand in the halter.                                                                           
                                                                                                                                
MS. MELISSA  LEVENSON, Kodiak  resident, said  she wants to  start a                                                            
cow riding  business  during  the summer  and people  would be  more                                                            
willing to come out and ride with this assurance.                                                                               
                                                                                                                                
MS. ANGELA SHORT, Kodiak resident, stated support for HB 111.                                                                   
                                                                                                                                
MS. SARAH PENNINGTON said  she strongly supports this bill. She said                                                            
the benefit  [of horseback  riding] to children  who don't  have the                                                            
use of their legs and can  associate with animals is "so awesome." A                                                            
rider communicates with  horses in a way the rider can't communicate                                                            
with people. This  bill would encourage that relationship  to happen                                                            
more frequently. She said  she would like to give lessons, but can't                                                            
because the  liability is too great  and this bill would  help that.                                                            
                                                                                                                                
MS. KAREN CREELMAN,  Kodiak 4-H Leader,  stated support for  HB 111.                                                            
She works with younger  children and said they learn a lot of things                                                            
like public  speaking,  horse anatomy,  contest  judging and  things                                                            
like that. She would feel a lot more secure if this bill passed.                                                                
                                                                                                                                
MS. ROBYN DAVIES, Fairbanks  4-H Leader, said the model of 4-H is to                                                            
learn by doing  and she has been involved  in this project  from the                                                            
start. She thought  promoting this bill would be a  good way for the                                                            
teams  to learn  about  government.  She  stated,  "It has  been  an                                                            
incredibly excellent experience  for everyone involved."  Ms. Davies                                                            
told members she  had 27 public opinion messages in  support of this                                                            
issue.                                                                                                                          
                                                                                                                                
SENATOR  TAYLOR asked  for the names  of the lawyers  who wrote  the                                                            
bill for them.                                                                                                                  
                                                                                                                                
MS. DAVIES  answered that Ralph Seekins  first brought this  up at a                                                            
meeting. He  took language from an  Oklahoma State statute  and gave                                                            
it to  a University  of Alaska  lawyer,  Jano Parrish,  to use  as a                                                            
model.                                                                                                                          
                                                                                                                                
Number 2000                                                                                                                     
                                                                                                                                
MR. TONY TAKAZAWA  said he is a 4-H leader and concerned  parent. He                                                            
suggested adding  "economic, educational  and personal benefits"  to                                                            
HB 111 on line  2. He told members, "The aspect of  HB 111 I want to                                                            
bring to your  attention is the 4-H rule of working  by doing. Where                                                            
youth has  been able  to participate  in hands-on  land and  natural                                                            
resource  related educational  activities, such  as horse clubs,  it                                                            
has been  shown that students  of all ability  levels have  improved                                                            
their   performance   and   gained  a   better   understanding   and                                                            
appreciation  for  science.  Further,  these  students  have  gained                                                            
increased   knowledge  and  understanding   of  relevant   concepts,                                                            
content, and processes."                                                                                                        
                                                                                                                                
He read  an article  to  committee members  about  how diseases  are                                                            
transmitted to people from  animals and how soon the real world will                                                            
be learned  only through books or  films as people become  afraid of                                                            
the liability  of associating with animals. He thought  HB 111 would                                                            
be a good way to fight this kind of fear.                                                                                       
                                                                                                                                
SENATOR  TAYLOR asked  how many people  had died  in the article  he                                                            
read.                                                                                                                           
                                                                                                                                
MR. NAKAZAWA responded  that 56 people were sick,  but it didn't say                                                            
anyone  had died.  He  stated,  "This is  just  one example  of  the                                                            
restrictions  that are  coming  on the  industry even  for a  simple                                                            
educational petting zoo. It's ridiculous."                                                                                      
                                                                                                                                
SENATOR TAYLOR  asked if  the article indicated  whether any  of the                                                            
people brought suit.                                                                                                            
                                                                                                                                
MR. NAKAZAWA said no.                                                                                                           
                                                                                                                                
CHAIRMAN  TORGERSON thanked  everyone for  their testimony  and said                                                            
they  would hold  the  bills,  since he  didn't  have  a quorum.  He                                                            
adjourned the meeting at 4:50 p.m.                                                                                              

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