Legislature(1993 - 1994)

04/20/1994 02:05 PM House FRI

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
                                                                               
                                                                               
                     HOUSE FINANCE COMMITTEE                                   
                         April 20, 1994                                        
                            2:05 P.M.                                          
                                                                               
  TAPE HFC 94 - 135, Side 2, #000 - end.                                       
  TAPE HFC 94 - 136, Side 1, #000 - end.                                       
  TAPE HFC 94 - 136, Side 2, #000 - #492.                                      
                                                                               
  CALL TO ORDER                                                                
                                                                               
  Co-Chair Larson  called the House Finance  Committee meeting                 
  to order at 2:05 P.M.                                                        
                                                                               
  PRESENT                                                                      
                                                                               
  Co-Chair Larson               Representative Foster                          
  Co-Chair MacLean              Representative Martin                          
  Vice-Chair Hanley             Representative Navarre                         
  Representative Brown          Representative Parnell                         
  Representative Grussendorf    Representative Therriault                      
                                                                               
  Representative Hoffman was not present for the meeting.                      
                                                                               
  ALSO PRESENT                                                                 
                                                                               
  Pattie  Rizer, Representing  Self, Anchorage;  Paul Swanson,                 
  Manager, Eaglecrest,  Juneau; Mark  Bond, Insurance  Defense                 
  Lawyer, Anchorage; Arthur Snowden,  Administrative Director,                 
  Judicial     Branch,  Alaska   Court  System;  Craig  Lindh,                 
  Representing Self, Juneau;  Ron Swanson, Director,  Division                 
  of  Lands, Department  of  Natural Resources;  John  Heiser,                 
  Attorney-Alyeska  Resort,  Alaska  Ski   Areas  Association,                 
  Anchorage;  Dennis  Mestas, (Testified  via teleconference),                 
  Attorney, Anchorage.                                                         
                                                                               
  SUMMARY                                                                      
  SB 44     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.                                                 
                                                                               
            HCS  CS SB 44 (FIN) was  reported out of Committee                 
            with  "individual  recommendations" and  with zero                 
            fiscal  notes  by  the  Department  of  Labor, the                 
            Alaska Court System dated 2/09/94, the  Department                 
            of   Commerce   and  Economic   Development  dated                 
            2/09/94,  the  Department of  Administration dated                 
            2/09/94 and  the Department  of Natural  Resources                 
            dated 2/09/94.                                                     
                                                                               
                                1                                              
                                                                               
                                                                               
  SB 247    An  Act  relating  to state  leases  and  to state                 
            lease-purchase and lease-financing agreements, and                 
            repealing a  legislative authorization  previously                 
            given  for acquisition  of  a facility  through  a                 
            lease-purchase  agreement;  and  providing for  an                 
            effective date.                                                    
                                                                               
            SB  247   was  HELD   in  Committee  for   further                 
  discussion.                                                                  
                                                                               
  SENATE BILL 247                                                              
                                                                               
       "An  Act  relating   to  state  leases  and   to  state                 
       lease-purchase  and  lease-financing   agreements,  and                 
       repealing a legislative authorization  previously given                 
       for acquisition of a facility through  a lease-purchase                 
       agreement; and providing for an effective date."                        
                                                                               
  Co-Chair Larson noted that a memorandum from Jack Chenoweth,                 
  legal  drafter indicated  that  SB 247  would  need a  title                 
  change resulting from amendments passed in the House Finance                 
  Committee.    He   stated  that   action  would  require   a                 
  resolution.                                                                  
  SENATE BILL 44                                                               
                                                                               
       "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."                                                        
                                                                               
  PATTIE RIZER,  REPRESENTING SELF, ANCHORAGE,  testified that                 
  SB 44 was  based on the presumption that the  current law is                 
  no good.  The current law has  been evaluated by the Supreme                 
  Court and has stated  that ski area operators would  be held                 
  accountable, just like  a land  owner.  Ms.  Rizer spoke  in                 
  opposition to the legislation.                                               
                                                                               
  She remarked that the "inherent risk" of  the current skiing                 
  law is  the same as the state of Utah.  She pointed out that                 
  the proposed  legislation would  not  consider children  and                 
  their safety.   The legislation proposes that  children have                 
  the same rules as all other skiers on the mountain.                          
                                                                               
  Representative Parnell explained the differences between the                 
  two work drafts before the Committee.  [Copies on file].  He                 
  spoke specifically  to the  "U" version,  #8-LS0340\U, Ford,                 
  4/20/94 commenting on the proposed comparative negligence on                 
  part of both the skier and  the operators and explained that                 
  language which addressed those inherent risks.                               
                                                                               
  Representative  Brown  asked  the   page  reference  of  the                 
                                                                               
                                2                                              
                                                                               
                                                                               
  "inherent risk"  language.   Representative Parnell  pointed                 
  out that language on Page 3, Lines 18-24.                                    
                                                                               
  Ms. Rizer stressed that the safety  of children had not been                 
  addressed  in the  legislation.   She  added  that the  main                 
  sponsor  of the  bill  is Seibu  Corporation,  who owns  and                 
  operates the Alyeska Ski area.  She commented that Seibu has                 
  a vested interest in the  legislation passing for protection                 
  against future  lawsuits  resulting from  negligence on  the                 
  part of the operators.                                                       
                                                                               
  Representative Therriault remarked that small ski operations                 
  in his district support the legislation.  Ms. Rizer  replied                 
  that  insurance  rates  are  dropping  and that  most  small                 
  operators are not  aware that a  law currently exists.   She                 
  urged Committee members  to consider  who would receive  the                 
  limited liability that the legislation proposes.                             
                                                                               
  Representative  Brown asked  how  the  legislation could  be                 
  modified in order  to address the  impact on children.   Ms.                 
  Rizer acknowledged that "judgement" is  an element that most                 
  children   do   not   have.     She   recommended  inserting                 
  "rebuttable" before "presumption" to Page 12, Line 24.                       
                                                                               
  PAUL SWANSON, MANAGER, EAGLECREST SKI AREA, JUNEAU, spoke in                 
  support  of the legislation noting that  it would define the                 
  responsibilities of the ski areas.  He continued that in the                 
  past five years there have been no lawsuits made against the                 
  Eaglecrest Ski area.  Mr. Swanson added that insurance costs                 
  currently average $75 thousand dollars a year.                               
                                                                               
  CRAIG LINDH, REPRESENTING SELF, JUNEAU, testified in support                 
  of the legislation  interjecting that it would  identify the                 
  responsibilities of the skier and the ski area operators.                    
                                                                               
  DENNIS  MESTAS,  (TESTIFIED  VIA TELECONFERENCE),  ATTORNEY,                 
  ANCHORAGE,  commented   that   the  work   of  the   Finance                 
  subcommittee  provided  a  more   balanced  version  of  the                 
  legislation although he  still would  not support the  bill.                 
  He  emphasized  that  the  most   important  aspect  of  the                 
  legislation was that  it did  not differentiate between  the                 
  judgement of a child  and an adult.  The  bill proposes that                 
  the child skier be held to the same standard judgement as an                 
  adult skier.   He specifically  recommended changes to  Page                 
  11,  Section  05.45.100,  which  clarifies  the  duties  and                 
  responsibilities of skiers.                                                  
                                                                               
  Co-Chair  MacLean  noted   her  objection  to   the  Finance                 
  subcommittee work draft.                                                     
                                                                               
  SB 44 was HELD in Committee for further discussion.                          
                                                                               
                                                                               
                                3                                              
                                                                               
                                                                               
  (Tape Change, HFC 94-136, Side 1).                                           
                                                                               
  SENATE BILL 44                                                               
                                                                               
       "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."                                                        
                                                                               
  Representative   Parnell   MOVED  that   #8-LS0340\U,  Ford,                 
  4/20/94, be the  version before the Committee.   There being                 
  NO OBJECTIONS, it was adopted.                                               
                                                                               
  Co-Chair MacLean  MOVED to  adopt Amendment  #1 which  would                 
  delete all material on Page 14, Lines 17-30 and insert a new                 
  section defining  the inherent  danger and  risk of  skiing.                 
  Representative Navarre OBJECTED.                                             
                                                                               
  Representative  Parnell advised  that  the  language of  the                 
  amendment was too broad and would open the possibilities for                 
  litigation.                                                                  
                                                                               
  Mr. Mestas advised  that the language proposed  in Amendment                 
  statute with particular emphasis on man-made hazards.                        
                                                                               
  MARK BOND,  INSURANCE DEFENSE  LAWYER,  ANCHORAGE, spoke  in                 
  support of the  legislation and against  the amendment.   He                 
  pointed out that the  proposed legislation follows  verbatim                 
  the Colorado statute listing of inherent risks of skiing.                    
                                                                               
  A roll call vote was taken on the MOTION.                                    
                                                                               
       IN FAVOR:      Grussendorf, MacLean.                                    
       OPPOSED:       Martin,  Navarre,  Parnell,  Therriault,                 
  Brown,                   Foster, Hanley, Larson.                             
                                                                               
  Representative Hoffman was not present for the vote.                         
                                                                               
  The MOTION FAILED (2-8).                                                     
                                                                               
  Co-Chair MacLean  MOVED to  adopt Amendment  #2 which  would                 
  insert the language:  "A ski area operator is responsible if                 
  the ski  area operator's  own negligence  is a  cause of  an                 
  injury or death".  Representative Parnell OBJECTED.                          
                                                                               
  Mr. Mestas responded that he would support the amendment and                 
  thought that it was a fair representation  and disclosure of                 
  the  law  noting  that it  would  require  the  skier to  be                 
  informed of the law.                                                         
                                                                               
  Mr.  Bond  disagreed  emphasizing that  the  purpose  of the                 
                                                                               
                                4                                              
                                                                               
                                                                               
  warning signs  would indicate  to the  skier that there  are                 
  inherent dangers and risks to skiing, listing the categories                 
  and informing  the skier  of possible  injuries which  could                 
  result.                                                                      
                                                                               
  A roll call vote was taken on the MOTION.                                    
                                                                               
       IN FAVOR:      Brown, Grussendorf, Larson, MacLean.                     
       OPPOSED:       Martin,  Navarre,  Parnell,  Therriault,                 
                      Foster, Hanley.                                          
                                                                               
  Representative Hoffman was not present for the vote.                         
                                                                               
  The MOTION FAILED (4-6).                                                     
                                                                               
  Co-Chair  MacLean  MOVED TO  WITHDRAW  Amendment #3.   There                 
  being NO OBJECTION, it was withdrawn.                                        
                                                                               
  Representative Brown MOVED to adopt Amendment #4 which would                 
  clarify that  the Commissioner  of  Natural Resources  would                 
  designate a "member  of a ski  patrol designated by the  ski                 
  operator who is qualified as described under AS 05.45.040(b)                 
  and authorized by the  commissioner".  [Copy on file].   The                 
  amendment would also add the  following language to Page 13,                 
  Line  9,  "within  a  ski  area  over which  the  State  has                 
  jurisdiction".  Representative Parnell OBJECTED.                             
                                                                               
  RON  SWANSON,  DIRECTOR, DIVISION  OF  LANDS,  DEPARTMENT OF                 
  NATURAL  RESOURCES, clarified  that a  provision  similar to                 
  this already exists within Title 41,  a park statute for the                 
  commissioner to deputize  employees of the  State.  The  ski                 
  patrol and  operators would be  accountable for  enforcement                 
  which would be regulated by the commissioner.                                
                                                                               
  JOHN HEISER, AYLESKA  RESORT, ALASKA SKI AREAS  ASSOCIATION,                 
  ANCHORAGE, explained that language would  depend on each ski                 
  area and who  owned the land.  Representative Brown stressed                 
  that  it would be the obligation of  the designee to issue a                 
  citation for recklessness.   She added that if a  person was                 
  skiing  on  state  land,  the   Department  would  have  the                 
  responsibility  to enforce  that  law.   Mr.  Bond spoke  in                 
  support of Section #2, Amendment #4.                                         
                                                                               
  Mr. Swanson testified that the Department  strongly supports                 
  Amendment #4 as it protects the  rights of state owned land.                 
                                                                               
                                                                               
  Representative Parnell MOVED to divide  Amendment #4.  There                 
  being NO OBJECTION, it was divided.                                          
                                                                               
  Representative Parnell MOVED to adopt Section  #2, Amendment                 
                                                                               
                                5                                              
                                                                               
                                                                               
  Representative  Brown MOVED to  adopt Section  #1, Amendment                 
                                                                               
  A roll call vote was taken on the MOTION.                                    
                                                                               
       IN FAVOR:      Navarre,  Brown,  Grussendorf,   Larson,                 
                      MacLean.                                                 
       OPPOSED:       Parnell,  Therriault,   Foster,  Hanley,                 
                      Martin.                                                  
                                                                               
  Representative Hoffman was not present for the vote.                         
                                                                               
  The MOTION FAILED (5-5).                                                     
                                                                               
  Representative Brown MOVED to adopt Amendment #5 which would                 
  insert a new subsection to read  "(I) In relation to a child                 
  below the age of 10,  it shall be up  to the fact finder  to                 
  determine whether the duties of AS 05.45.100 are owed by the                 
  child given the age, experience and judgement of the child."                 
  She explained  that the  amendment address  the question  if                 
  children  have  the  appropriate judgement  presumed  in the                 
  legislation.   Representative Brown urged  Committee members                 
  to  consider  how  this legislation  will  impact  the child                 
  skier.                                                                       
                                                                               
  Mr.  Mestas  advised  that  currently  the law  states,  for                 
  matters which involve personal injury, a child does not have                 
  the legal duty for judgement.   The jury or judge is  always                 
  allowed to consider the age, experience or  judgement of the                 
  child in determining whether that child should be considered                 
  comparatively negligent.  Mr. Mestas  suggested that the age                 
  of the child referenced in Amendment #5 should be changed to                 
  14 years old.                                                                
                                                                               
  (Tape Change, HFC 94-136, Side 2).                                           
                                                                               
  Mr. Bond responded that in the statutes, there are different                 
  age  standards  of applications  for  the criminal  and from                 
  which the criminal law makes the contracts.  The question of                 
  the courts when dealing  with personal injury claims is  not                 
  whether a child has a duty, but the degree of that duty.  He                 
  noted that the  amendment would not  be limited to  personal                 
  injury  claims  while  exempting the  child  from  basic ski                 
  etiquette.                                                                   
                                                                               
  Mr.  Heiser  added  that  the   ski  industry  will  provide                 
  instruction for the  young skiers  at the responsibility  of                 
  the parent.   Representative Martin questioned the  parent's                 
  responsibility for the unaccompanied child when skiing.                      
                                                                               
  Mr. Mestas responded  that the legislation would  remove the                 
                                                                               
                                6                                              
                                                                               
                                                                               
  standard liability  statute and  stressed that  it would  be                 
  presumptuous to  assume that the  court would not  apply the                 
  law to children.                                                             
                                                                               
  Representative Brown MOVED  to change the age  identified in                 
  the amendment  by deleting "10"  and inserting "13".   There                 
  being NO OBJECTION, "13" was adopted.                                        
                                                                               
  Representative   Brown   MOVED   to  adopt   Amendment   #5.                 
  Representative Martin OBJECTED.                                              
                                                                               
  A roll call vote was taken on the MOTION.                                    
                                                                               
       IN FAVOR:      Brown,  Grussendorf,  Navarre,  MacLean,                 
                      Larson.                                                  
       OPPOSED:       Parnell,  Therriault,  Foster,   Hanley,                 
                      Martin.                                                  
                                                                               
  Representative Hoffman was not present for the vote.                         
                                                                               
  The MOTION FAILED (5-5).                                                     
                                                                               
  Representative Brown MOVED  TO RESCIND action in  failing to                 
  adopt  Amendment  #4,  Section #1.    Representative  Martin                 
  OBJECTED.                                                                    
                                                                               
  Representative  Parnell asked if the amendment would require                 
  the ski area operator  to implement it.  Mr.  Swanson stated                 
  that the Department supports the amendment although it would                 
  not  force implementation upon  any ski operator.   He added                 
  that there would be no fiscal impact to the State.                           
                                                                               
  Representative Brown  WITHDREW THE MOTION to  rescind action                 
  on  adopting  Amendment  #4,  Section  1.   There  being  NO                 
  OBJECTION, it was withdrawn.                                                 
                                                                               
  Representative Brown MOVED to adopt Amendment #6 which would                 
  insert  "person  designated  by  the  ski  operator  who  is                 
  authorized by the commissioner"  to Page 13, Line 6.   There                 
  being NO OBJECTION, it was adopted.                                          
                                                                               
  Representative Parnell  MOVED to report  HCS CS SB  44 (FIN)                 
  out of  Committee with  individual recommendations and  with                 
  the accompanying fiscal  notes.  There being  NO OBJECTIONS,                 
  it was so ordered.                                                           
                                                                               
  HCS SC SB 44  (FIN) was reported  out of Committee with  "no                 
  recommendations"   and  with   zero  fiscal  notes   by  the                 
  Department of Labor, the Alaska  Court System dated 2/09/94,                 
  the  Department   of  Administration   dated  2/09/94,   the                 
  Department  of  Commerce   and  Economic  Development  dated                 
  2/09/94  and  the  Department  of  Natural  Resources  dated                 
                                                                               
                                7                                              
                                                                               
                                                                               
  2/09/94.                                                                     
                                                                               
  SENATE BILL 247                                                              
                                                                               
       "An  Act  relating   to  state  leases  and   to  state                 
       lease-purchase  and  lease-financing   agreements,  and                 
       repealing a legislative authorization  previously given                 
       for acquisition  of a facility through a lease-purchase                 
       agreement; and providing for an effective date."                        
                                                                               
  Representative  Therriault  maintained   his  objection   to                 
  changing the tile to incorporate Amendment #1  in the title.                 
                                                                               
                                                                               
  ARTHUR SNOWDEN, DIRECTOR,  ADMINISTRATION, JUDICIAL  BRANCH,                 
  ALASKA COURT SYSTEM,  noted that the  amendment would add  a                 
  repealer  and that  the  current title  would  not be  broad                 
  enough to cover that action.                                                 
                                                                               
  Representative  Therriault  MOVED  to  divide  the  question                 
  between the two amendments.  Co-Chair MacLean OBJECTED.                      
                                                                               
  A roll call vote was taken on the MOTION.                                    
                                                                               
       IN FAVOR:      Foster,       Grussendorf,      Navarre,                 
                      Therriault, Brown, Larson.                               
       OPPOSED:       Hanley, Martin, Parnell, MacLean.                        
                                                                               
  Representative Hoffman was not present for the vote.                         
                                                                               
  The MOTION PASSED (6-4).                                                     
                                                                               
  The Committee HELD  the bill  in order to  discuss with  the                 
  drafter any action  needed to conform  the bill to  previous                 
  action by the Committee.                                                     
                                                                               
  SB 247 was HELD in Committee for further consideration.                      
  ADJOURNMENT                                                                  
                                                                               
  The meeting adjourned at 5:00 P.M.                                           
                                                                               
                                                                               
                     HOUSE FINANCE COMMITTEE                                   
                         April 20, 1994                                        
                            2:05 P.M.                                          
                                                                               
  TAPE HFC 94 - 135, Side 2, #000 - end.                                       
  TAPE HFC 94 - 136, Side 1, #000 - end.                                       
  TAPE HFC 94 - 136, Side 2, #000 - #492.                                      
                                                                               
  CALL TO ORDER                                                                
                                                                               
                                8                                              
                                                                               
                                                                               
  Co-Chair  Larson called the  House Finance Committee meeting                 
  to order at 2:05 P.M.                                                        
                                                                               
  PRESENT                                                                      
                                                                               
  Co-Chair Larson               Representative Foster                          
  Co-Chair MacLean              Representative Martin                          
  Vice-Chair Hanley             Representative Navarre                         
  Representative Brown          Representative Parnell                         
  Representative Grussendorf    Representative Therriault                      
                                                                               
  Representative Hoffman was not present for the meeting.                      
                                                                               
  ALSO PRESENT                                                                 
                                                                               
  Pattie Rizer,  Representing Self,  Anchorage; Paul  Swanson,                 
  Manager,  Eaglecrest, Juneau;  Mark Bond,  Insurance Defense                 
  Lawyer, Anchorage; Arthur Snowden,  Administrative Director,                 
  Judicial    Branch,   Alaska  Court  System;   Craig  Lindh,                 
  Representing Self,  Juneau; Ron Swanson,  Director, Division                 
  of  Lands,  Department  of Natural  Resources;  John Heiser,                 
  Attorney-Alyeska  Resort,  Alaska  Ski   Areas  Association,                 
  Anchorage;  Dennis  Mestas, (Testified  via teleconference),                 
  Attorney, Anchorage.                                                         
                                                                               
  SUMMARY                                                                      
                                                                               
  SB 44     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.                                                 
                                                                               
            HCS CS SB 44  (FIN) was reported out  of Committee                 
            with  "individual  recommendations" and  with zero                 
            fiscal  notes by  the  Department  of  Labor,  the                 
            Alaska Court System dated  2/09/94, the Department                 
            of   Commerce   and  Economic   Development  dated                 
            2/09/94,  the  Department of  Administration dated                 
            2/09/94 and  the Department  of Natural  Resources                 
            dated 2/09/94.                                                     
                                                                               
  SB 247    An  Act  relating  to state  leases  and  to state                 
            lease-purchase and lease-financing agreements, and                 
            repealing a  legislative authorization  previously                 
            given  for acquisition  of  a facility  through  a                 
            lease-purchase  agreement;  and  providing for  an                 
            effective date.                                                    
                                                                               
            SB  247   was  HELD   in  Committee  for   further                 
  discussion.                                                                  
                                                                               
                                                                               
                                9                                              
                                                                               
                                                                               
  SENATE BILL 247                                                              
                                                                               
       "An  Act  relating   to  state  leases  and   to  state                 
       lease-purchase  and  lease-financing   agreements,  and                 
       repealing a legislative authorization  previously given                 
       for  acquisition of a facility through a lease-purchase                 
       agreement; and providing for an effective date."                        
                                                                               
  Co-Chair Larson noted that a memorandum from Jack Chenoweth,                 
  legal  drafter  indicated that  SB  247 would  need  a title                 
  change resulting from amendments passed in the House Finance                 
  Committee.    He   stated  that   action  would  require   a                 
  resolution.                                                                  
                                                                               
  SENATE BILL 44                                                               
                                                                               
       "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."                                                        
                                                                               
  PATTIE RIZER, REPRESENTING  SELF, ANCHORAGE, testified  that                 
  SB 44 was based  on the presumption that the current  law is                 
  no good.  The current law has been evaluated  by the Supreme                 
  Court and has stated  that ski area operators would  be held                 
  accountable, just like  a land  owner.  Ms.  Rizer spoke  in                 
  opposition to the legislation.                                               
                                                                               
  She remarked that the "inherent  risk" of the current skiing                 
  law is the same  as the state of Utah.  She pointed out that                 
  the  proposed legislation  would not  consider children  and                 
  their safety.   The legislation proposes that  children have                 
  the same rules as all other skiers on the mountain.                          
                                                                               
  Representative Parnell explained the differences between the                 
  two work drafts before the Committee.  [Copies on file].  He                 
  spoke  specifically to the  "U" version,  #8-LS0340\U, Ford,                 
  4/20/94 commenting on the proposed comparative negligence on                 
  part of both the skier and  the operators and explained that                 
  language which addressed those inherent risks.                               
                                                                               
  Representative  Brown  asked  the  page   reference  of  the                 
  "inherent risk"  language.   Representative Parnell  pointed                 
  out that language on Page 3, Lines 18-24.                                    
                                                                               
  Ms. Rizer stressed that the safety  of children had not been                 
  addressed  in the  legislation.   She  added  that the  main                 
  sponsor of  the  bill is  Seibu  Corporation, who  owns  and                 
  operates the Alyeska Ski area.  She commented that Seibu has                 
  a vested interest in the  legislation passing for protection                 
  against future  lawsuits  resulting from  negligence on  the                 
  part of the operators.                                                       
                                                                               
                               10                                              
                                                                               
                                                                               
  Representative Therriault remarked that small ski operations                 
  in his district support the legislation.   Ms. Rizer replied                 
  that  insurance  rates  are  dropping  and that  most  small                 
  operators are not  aware that a  law currently exists.   She                 
  urged Committee members  to consider  who would receive  the                 
  limited liability that the legislation proposes.                             
                                                                               
  Representative Brown  asked  how the  legislation  could  be                 
  modified in order  to address the  impact on children.   Ms.                 
  Rizer acknowledged that "judgement" is  an element that most                 
  children   do  not   have.      She  recommended   inserting                 
  "rebuttable" before "presumption" to Page 12, Line 24.                       
                                                                               
  PAUL SWANSON, MANAGER, EAGLECREST SKI AREA, JUNEAU, spoke in                 
  support of the legislation  noting that it would  define the                 
  responsibilities of the ski areas.  He continued that in the                 
  past five years there have been no lawsuits made against the                 
  Eaglecrest Ski area.  Mr. Swanson added that insurance costs                 
  currently average $75 thousand dollars a year.                               
                                                                               
  CRAIG LINDH, REPRESENTING SELF, JUNEAU, testified in support                 
  of the legislation  interjecting that it would  identify the                 
  responsibilities of the skier and the ski area operators.                    
                                                                               
  DENNIS  MESTAS,  (TESTIFIED  VIA TELECONFERENCE),  ATTORNEY,                 
  ANCHORAGE,  commented   that  the   work   of  the   Finance                 
  subcommittee  provided  a  more  balanced   version  of  the                 
  legislation although he  still would  not support the  bill.                 
  He  emphasized  that  the  most   important  aspect  of  the                 
  legislation was that  it did  not differentiate between  the                 
  judgement of a child and an  adult.  The bill proposes  that                 
  the child skier be held to the same standard judgement as an                 
  adult skier.   He specifically  recommended changes to  Page                 
  11,  Section  05.45.100,  which  clarifies  the  duties  and                 
  responsibilities of skiers.                                                  
                                                                               
  Co-Chair  MacLean   noted  her  objection  to   the  Finance                 
  subcommittee work draft.                                                     
                                                                               
  SB 44 was HELD in Committee for further discussion.                          
                                                                               
  (Tape Change, HFC 94-136, Side 1).                                           
                                                                               
  SENATE BILL 44                                                               
                                                                               
       "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."                                                        
                                                                               
  Representative   Parnell   MOVED  that   #8-LS0340\U,  Ford,                 
                                                                               
                               11                                              
                                                                               
                                                                               
  4/20/94,  be the version before  the Committee.  There being                 
  NO OBJECTIONS, it was adopted.                                               
                                                                               
  Co-Chair MacLean  MOVED to  adopt Amendment  #1 which  would                 
  delete all material on Page 14, Lines 17-30 and insert a new                 
  section defining  the inherent  danger and  risk of  skiing.                 
  Representative Navarre OBJECTED.                                             
                                                                               
  Representative Parnell  advised  that the  language  of  the                 
  amendment was too broad and would open the possibilities for                 
  litigation.                                                                  
                                                                               
  Mr. Mestas advised  that the language proposed  in Amendment                 
  statute with particular emphasis on man-made hazards.                        
                                                                               
  MARK  BOND, INSURANCE  DEFENSE LAWYER,  ANCHORAGE, spoke  in                 
  support  of the legislation  and against the  amendment.  He                 
  pointed out  that the proposed legislation  follows verbatim                 
  the Colorado statute listing of inherent risks of skiing.                    
                                                                               
  A roll call vote was taken on the MOTION.                                    
                                                                               
       IN FAVOR:      Grussendorf, MacLean.                                    
       OPPOSED:       Martin,  Navarre,  Parnell,  Therriault,                 
  Brown,                   Foster, Hanley, Larson.                             
                                                                               
  Representative Hoffman was not present for the vote.                         
                                                                               
  The MOTION FAILED (2-8).                                                     
                                                                               
  Co-Chair MacLean  MOVED to  adopt Amendment  #2 which  would                 
  insert the language:  "A ski area operator is responsible if                 
  the ski  area operator's  own negligence  is a  cause of  an                 
  injury or death".  Representative Parnell OBJECTED.                          
                                                                               
  Mr. Mestas responded that he would support the amendment and                 
  thought that it was a  fair representation and disclosure of                 
  the  law  noting  that it  would  require  the  skier to  be                 
  informed of the law.                                                         
                                                                               
  Mr.  Bond  disagreed  emphasizing that  the  purpose  of the                 
  warning signs would  indicate to  the skier  that there  are                 
  inherent dangers and risks to skiing, listing the categories                 
  and informing  the skier  of possible  injuries which  could                 
  result.                                                                      
                                                                               
  A roll call vote was taken on the MOTION.                                    
                                                                               
       IN FAVOR:      Brown, Grussendorf, Larson, MacLean.                     
       OPPOSED:       Martin,  Navarre,  Parnell,  Therriault,                 
                      Foster, Hanley.                                          
                                                                               
                               12                                              
                                                                               
                                                                               
  Representative Hoffman was not present for the vote.                         
                                                                               
  The MOTION FAILED (4-6).                                                     
                                                                               
  Co-Chair  MacLean  MOVED TO  WITHDRAW  Amendment #3.   There                 
  being NO OBJECTION, it was withdrawn.                                        
                                                                               
  Representative Brown MOVED to adopt Amendment #4 which would                 
  clarify  that the  Commissioner of  Natural Resources  would                 
  designate a "member  of a ski  patrol designated by the  ski                 
  operator who is qualified as described under AS 05.45.040(b)                 
  and authorized by the  commissioner".  [Copy on file].   The                 
  amendment would  also add the following language to Page 13,                 
  Line  9,  "within  a  ski  area  over which  the  State  has                 
  jurisdiction".  Representative Parnell OBJECTED.                             
                                                                               
  RON  SWANSON, DIRECTOR,  DIVISION  OF LANDS,  DEPARTMENT  OF                 
  NATURAL  RESOURCES, clarified  that a  provision similar  to                 
  this already exists within Title 41,  a park statute for the                 
  commissioner  to deputize employees  of the State.   The ski                 
  patrol and  operators would  be accountable for  enforcement                 
  which would be regulated by the commissioner.                                
                                                                               
  JOHN HEISER,  AYLESKA RESORT, ALASKA  SKI AREAS ASSOCIATION,                 
  ANCHORAGE, explained that language would  depend on each ski                 
  area  and who owned the land.  Representative Brown stressed                 
  that it would  be the obligation of the designee  to issue a                 
  citation for recklessness.   She added that if a  person was                 
  skiing  on  state  land,  the   Department  would  have  the                 
  responsibility  to  enforce that  law.   Mr.  Bond  spoke in                 
  support of Section #2, Amendment #4.                                         
                                                                               
  Mr.  Swanson testified that the Department strongly supports                 
  Amendment #4 as it protects the  rights of state owned land.                 
                                                                               
                                                                               
  Representative Parnell MOVED to divide  Amendment #4.  There                 
  being NO OBJECTION, it was divided.                                          
                                                                               
  Representative  Parnell MOVED to adopt Section #2, Amendment                 
                                                                               
  Representative  Brown MOVED to  adopt Section  #1, Amendment                 
                                                                               
  A roll call vote was taken on the MOTION.                                    
                                                                               
       IN FAVOR:      Navarre,  Brown,  Grussendorf,   Larson,                 
                      MacLean.                                                 
       OPPOSED:       Parnell,  Therriault,   Foster,  Hanley,                 
                      Martin.                                                  
                                                                               
                               13                                              
                                                                               
                                                                               
  Representative Hoffman was not present for the vote.                         
                                                                               
  The MOTION FAILED (5-5).                                                     
                                                                               
  Representative Brown MOVED to adopt Amendment #5 which would                 
  insert a new subsection to read "(I) In  relation to a child                 
  below the  age of 10, it shall  be up to the  fact finder to                 
  determine whether the duties of AS 05.45.100 are owed by the                 
  child given the age, experience and judgement of the child."                 
  She explained  that the  amendment address  the question  if                 
  children  have the  appropriate  judgement  presumed in  the                 
  legislation.  Representative  Brown urged Committee  members                 
  to  consider  how  this legislation  will  impact  the child                 
  skier.                                                                       
                                                                               
  Mr.  Mestas  advised  that  currently  the law  states,  for                 
  matters which involve personal injury, a child does not have                 
  the legal  duty for judgement.  The  jury or judge is always                 
  allowed to consider the age,  experience or judgement of the                 
  child in determining whether that child should be considered                 
  comparatively negligent.  Mr. Mestas  suggested that the age                 
  of the child referenced in Amendment #5 should be changed to                 
  14 years old.                                                                
                                                                               
  (Tape Change, HFC 94-136, Side 2).                                           
                                                                               
  Mr. Bond responded that in the statutes, there are different                 
  age  standards  of applications  for  the criminal  and from                 
  which the criminal law makes the contracts.  The question of                 
  the courts  when dealing with personal injury  claims is not                 
  whether a child has a duty, but the degree of that duty.  He                 
  noted that  the amendment would  not be limited  to personal                 
  injury  claims  while  exempting the  child  from  basic ski                 
  etiquette.                                                                   
                                                                               
  Mr.  Heiser  added  that  the   ski  industry  will  provide                 
  instruction for the  young skiers  at the responsibility  of                 
  the parent.   Representative Martin  questioned the parent's                 
  responsibility for the unaccompanied child when skiing.                      
                                                                               
  Mr. Mestas responded  that the legislation would  remove the                 
  standard liability  statute and  stressed that  it would  be                 
  presumptuous to  assume that the  court would not  apply the                 
  law to children.                                                             
                                                                               
  Representative Brown MOVED  to change the age  identified in                 
  the  amendment by deleting  "10" and inserting  "13".  There                 
  being NO OBJECTION, "13" was adopted.                                        
                                                                               
  Representative   Brown   MOVED   to  adopt   Amendment   #5.                 
  Representative Martin OBJECTED.                                              
                                                                               
                               14                                              
                                                                               
                                                                               
  A roll call vote was taken on the MOTION.                                    
                                                                               
       IN FAVOR:      Brown,  Grussendorf,  Navarre,  MacLean,                 
                      Larson.                                                  
       OPPOSED:       Parnell,  Therriault,   Foster,  Hanley,                 
                      Martin.                                                  
                                                                               
  Representative Hoffman was not present for the vote.                         
                                                                               
  The MOTION FAILED (5-5).                                                     
                                                                               
  Representative Brown MOVED  TO RESCIND action in  failing to                 
  adopt  Amendment  #4,  Section  #1.   Representative  Martin                 
  OBJECTED.                                                                    
                                                                               
  Representative Parnell asked if  the amendment would require                 
  the ski area operator  to implement it.  Mr.  Swanson stated                 
  that the Department supports the amendment although it would                 
  not force  implementation upon any  ski operator.   He added                 
  that there would be no fiscal impact to the State.                           
                                                                               
  Representative  Brown WITHDREW THE  MOTION to rescind action                 
  on  adopting  Amendment  #4,  Section 1.    There  being  NO                 
  OBJECTION, it was withdrawn.                                                 
                                                                               
  Representative Brown MOVED to adopt Amendment #6 which would                 
  insert  "person  designated  by  the  ski  operator  who  is                 
  authorized by the commissioner"  to Page 13, Line 6.   There                 
  being NO OBJECTION, it was adopted.                                          
                                                                               
  Representative Parnell  MOVED to report  HCS CS SB  44 (FIN)                 
  out of  Committee with  individual recommendations  and with                 
  the accompanying fiscal  notes.  There being  NO OBJECTIONS,                 
  it was so ordered.                                                           
                                                                               
  HCS SC  SB 44 (FIN) was  reported out of  Committee with "no                 
  recommendations"  and   with  zero   fiscal  notes   by  the                 
  Department of Labor, the Alaska  Court System dated 2/09/94,                 
  the  Department   of  Administration   dated  2/09/94,   the                 
  Department  of  Commerce  and  Economic  Development   dated                 
  2/09/94  and  the  Department  of  Natural  Resources  dated                 
  2/09/94.                                                                     
                                                                               
  SENATE BILL 247                                                              
                                                                               
       "An  Act  relating   to  state  leases  and   to  state                 
       lease-purchase  and  lease-financing   agreements,  and                 
       repealing a legislative authorization  previously given                 
       for acquisition  of a facility through a lease-purchase                 
       agreement; and providing for an effective date."                        
                                                                               
                                                                               
                               15                                              
                                                                               
                                                                               
  Representative  Therriault  maintained   his  objection   to                 
  changing the tile to incorporate  Amendment #1 in the title.                 
                                                                               
                                                                               
  ARTHUR SNOWDEN, DIRECTOR,  ADMINISTRATION, JUDICIAL  BRANCH,                 
  ALASKA COURT  SYSTEM, noted that  the amendment would  add a                 
  repealer  and  that the  current  title would  not  be broad                 
  enough to cover that action.                                                 
                                                                               
  Representative  Therriault  MOVED  to  divide  the  question                 
  between the two amendments.  Co-Chair MacLean OBJECTED.                      
                                                                               
  A roll call vote was taken on the MOTION.                                    
                                                                               
       IN FAVOR:      Foster,       Grussendorf,      Navarre,                 
                      Therriault, Brown, Larson.                               
       OPPOSED:       Hanley, Martin, Parnell, MacLean.                        
                                                                               
  Representative Hoffman was not present for the vote.                         
                                                                               
  The MOTION PASSED (6-4).                                                     
                                                                               
  The Committee HELD  the bill  in order to  discuss with  the                 
  drafter any  action needed to  conform the bill  to previous                 
  action by the Committee.                                                     
                                                                               
  SB 247 was HELD in Committee for further consideration.                      
                                                                               
  ADJOURNMENT                                                                  
                                                                               
  The meeting adjourned at 5:00 P.M.                                           
                                                                               
                                                                               
                               16                                              

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