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
+ teleconferenced
= bill was previously heard/scheduled
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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