Legislature(1993 - 1994)

03/05/1993 01:00 PM House JUD

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
                                                                               
               HOUSE JUDICIARY STANDING COMMITTEE                              
                          March 5, 1993                                        
                            1:00 p.m.                                          
                                                                               
                                                                               
  MEMBERS PRESENT                                                              
                                                                               
  Rep. Brian Porter, Chairman                                                  
  Rep. Jeannette James, Vice-Chair                                             
  Rep. Pete Kott                                                               
  Rep. Gail Phillips                                                           
  Rep. Cliff Davidson                                                          
  Rep. Jim Nordlund                                                            
                                                                               
  MEMBERS ABSENT                                                               
                                                                               
  Rep. Joe Green                                                               
                                                                               
  COMMITTEE CALENDAR                                                           
                                                                               
  HB 41:    "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."                                                
                                                                               
            HELD IN COMMITTEE FOR FURTHER CONSIDERATION                        
                                                                               
  *HB 167:  "An Act relating to air quality control and the                    
            prevention, abatement, and control of air                          
            pollution; relating to civil and criminal                          
            penalties, damages, and other remedies for air                     
            quality control violations; clarifying the                         
            definition of 'hazardous substance' to include                     
            releases and threatened releases to the                            
            atmosphere; amending the lien provisions relating                  
            to the oil and hazardous substance release                         
            response fund; relating to inspection and                          
            enforcement powers of the Department of                            
            Environmental Conservation; and providing for an                   
            effective date."                                                   
                                                                               
            NOT HEARD; RESCHEDULED TO MARCH 10, 1993                           
                                                                               
  (* First public hearing.)                                                    
                                                                               
  WITNESS REGISTER                                                             
                                                                               
  FRED TURTON                                                                  
  Juneau Ski Club                                                              
  P.O. Box 32103                                                               
  Juneau, Alaska 99803                                                         
  Phone:  789-2396                                                             
  Position Statement:  Supported HB 41                                         
                                                                               
  CRISTI HERRiN                                                                
  P.O. Box 21595                                                               
  Juneau, Alaska 99802                                                         
  Phone:  586-9857                                                             
  Position Statement:  Supported HB 41                                         
                                                                               
  PAUL SWANSON, Manager                                                        
  Eaglecrest Ski Area                                                          
  155 South Seward Street                                                      
  Juneau, Alaska 99801                                                         
  Phone:  586-5284                                                             
  Position Statement:  Supported HB 41                                         
                                                                               
  RAGA ELIM                                                                    
  Special Assistant to the Commissioner                                        
  Department of Natural Resources                                              
  400 Willoughby Avenue                                                        
  Juneau, Alaska 99801-1724                                                    
  Phone:  465-2400                                                             
  Position Statement:  Supported HB 41                                         
                                                                               
  REP. GAIL PHILLIPS                                                           
  Alaska State Legislature                                                     
  Capitol Building, Room 216                                                   
  Juneau, Alaska 99801-1182                                                    
  Phone:  465-2689                                                             
  Position Statement:  Prime Sponsor of HB 41                                  
                                                                               
  RICHARD HARREN                                                               
  3830 Birch View Drive                                                        
  Wasilla, Alaska 99654                                                        
  Phone:  376-7424                                                             
  Position Statement:  Opposed HB 41                                           
                                                                               
  CYNTHIA CHRISTIANSEN                                                         
  2101 Belmont Drive                                                           
  Anchorage, Alaska 99517                                                      
  Phone:  279-1707                                                             
  Position Statement:  Opposed HB 41                                           
                                                                               
  MARC BOND                                                                    
  1007 W. 3rd Ave., #400                                                       
  Anchorage, Alaska 99501                                                      
  Phone: 279-3581                                                              
  Position Statement:  Commented on HB 41                                      
                                                                               
  BRUCE RIZER                                                                  
  5530 Rabbit Creek Road                                                       
  Anchorage, Alaska 99516                                                      
  Phone:  345-1743                                                             
  Position Statement:  Opposed HB 41                                           
                                                                               
  ROBERT MOSS                                                                  
  P.O. Box 1206                                                                
  Homer, Alaska 99603                                                          
  Phone:  235-8304                                                             
  Position Statement:  Commented on HB 41                                      
                                                                               
  DEBORAH NYE                                                                  
  36975 Maria Court                                                            
  Homer, Alaska 99603                                                          
  Phone:  235-6811                                                             
  Position Statement:  Commented on HB 41                                      
                                                                               
  SUSAN LOWE                                                                   
  6320 Switzerland Drive                                                       
  Anchorage, Alaska 99516                                                      
  Phone:  345-6854                                                             
  Position Statement:  Opposed HB 41                                           
                                                                               
  DAVID LOWE                                                                   
  6320 Switzerland Drive                                                       
  Anchorage, Alaska 99516                                                      
  Phone:  345-6854                                                             
  Position Statement:  Opposed HB 41                                           
                                                                               
  PATTI RIZER                                                                  
  5530 Rabbit Creek Road                                                       
  Anchorage, Alaska 99516                                                      
  Phone:  345-1743                                                             
  Position Statement:  Opposed HB 41                                           
                                                                               
  LAURIE MAPES                                                                 
  5301 Rabbit Creek Road                                                       
  Anchorage, Alaska 99516                                                      
  Phone:  345-0301                                                             
  Position Statement:  Opposed HB 41                                           
                                                                               
  PREVIOUS ACTION                                                              
                                                                               
  BILL:  HB  41                                                                
  SHORT TITLE: CIVIL LIABILITY FOR SKIING ACCIDENTS                            
  BILL VERSION:                                                                
  SPONSOR(S): REPRESENTATIVE(S)PHILLIPS,Hudson,Porter,Toohey,                  
  Mulder                                                                       
                                                                               
  TITLE: "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."                  
                                                                               
  JRN-DATE    JRN-PG                     ACTION                                
  01/11/93        34    (H)   READ THE FIRST TIME/REFERRAL(S)                  
  01/11/93        35    (H)   LABOR & COMMERCE, JUDICIARY,                     
                              FINANCE                                          
  01/26/93              (H)   L&C AT 03:00 PM CAPITOL 17                       
  01/26/93              (H)   MINUTE(L&C)                                      
  01/29/93       183    (H)   COSPONSOR(S): TOOHEY                             
  02/04/93              (H)   L&C AT 03:00 PM CAPITOL 17                       
  02/09/93              (H)   L&C AT 03:00 PM CAPITOL 17                       
  02/09/93              (H)   MINUTE(L&C)                                      
  02/10/93       285    (H)   L&C RPT  CS(L&C)  5DP  1DNP                      
  02/10/93       285    (H)   DP: PORTER, GREEN, MULDER,                       
                              MACKIE, HUDSON                                   
  02/10/93       285    (H)   DNP:  SITTON                                     
  02/10/93       285    (H)   -5 ZERO FNS (DNR,COURT,DCED,LAW                  
  02/10/93       285    (H)   -LABOR)  2/10/93                                 
  02/10/93       285    (H)   REFERRED TO JUDICIARY                            
  02/10/93       312    (H)   COSPONSOR(S):  MULDER                            
  03/05/93              (H)   JUD AT 01:00 PM CAPITOL 120                      
                                                                               
                                                                               
  BILL:  HB 167                                                                
  SHORT TITLE: AIR QUALITY CONTROL PROGRAM                                     
  BILL VERSION:                                                                
  SPONSOR(S): REPRESENTATIVE(S) HANLEY                                         
                                                                               
  TITLE: "An Act relating to air quality control and the                       
  prevention, abatement, and control of air pollution;                         
  relating to civil and criminal penalties, damages, and other                 
  remedies for air quality control violations; clarifying the                  
  definition of `hazardous substance' to include releases and                  
  threatened release to the atmosphere; amending the lien                      
  provisions relating to the oil and hazardous substance                       
  release response fund; relating to inspection and                            
  enforcement powers of the Department of Environmental                        
  Conservation; and providing for an effective date."                          
                                                                               
  JRN-DATE    JRN-PG                     ACTION                                
  02/19/93       390    (H)   READ THE FIRST TIME/REFERRAL(S)                  
  02/19/93       390    (H)   JUDICIARY, FINANCE                               
  03/05/93              (H)   JUD AT 01:00 PM CAPITOL 120                      
                                                                               
  ACTION NARRATIVE                                                             
  TAPE 93-26, SIDE A                                                           
  Number 000                                                                   
                                                                               
  The House Judiciary Committee meeting was called to order at                 
  2:09 p.m. on March 5, 1993.  A quorum was present.  CHAIRMAN                 
  PORTER announced that the meeting was on teleconference.  He                 
  said that the first item before the committee was HB 41.                     
  HB 41 - CIVIL LIABILITY FOR SKIING ACCIDENTS                                 
                                                                               
  Number 041                                                                   
                                                                               
  FRED TURTON, DIRECTOR OF THE JUNEAU SKI CLUB, cited his many                 
  skiing qualifications and associations.  He said that he                     
  supported HB 41.  He stated that as a coach, he strove to                    
  provide his students with challenges and encourage their                     
  adaptability.  He noted that the terrain in Alaska provided                  
  a great opportunity to teach that adaptability.                              
                                                                               
  (Rep. Nordlund arrived at 2:12 p.m.)                                         
                                                                               
  Number 123                                                                   
                                                                               
  MR. TURTON commented that one of his goals as a ski                          
  instructor was to teach personal responsibility.  He said                    
  that HB 41 would encourage that responsibility among skiers.                 
  He noted that skiing was not accessible to everyone due to                   
  the cost.  He commented that as litigation increased, so too                 
  did the cost of skiing.                                                      
                                                                               
  MR. TURTON stated that injuries were an inherent part of                     
  skiing, even when a ski area took many precautions to                        
  prevent injuries.  He added that skiers choose to go skiing,                 
  and they should not be prevented from making that choice and                 
  other choices they make while on a ski slope.  He commented                  
  that without HB 41, a skier's choices would be limited.                      
                                                                               
  Number 254                                                                   
                                                                               
  CRISTI HERRIN testified in support of HB 41.  She said that                  
  in her understanding, HB 41 would hold ski areas responsible                 
  for those things which they could control, but would also                    
  recognize that ski areas could not control certain elements,                 
  and therefore should not be held responsible for them.  She                  
  said HB 41 seemed like a common-sense approach to her.  She                  
  added that she was often impressed with how much ski areas                   
  did for their customers.  She stated that she never felt                     
  that her responsibility to take care of herself was                          
  abdicated when she skied at a ski area.  She expressed her                   
  fear that without HB 41, liability costs would skyrocket,                    
  making skiing unaffordable to most people.                                   
                                                                               
  Number 298                                                                   
                                                                               
  PAUL SWANSON, MANAGER OF EAGLECREST SKI AREA, testified in                   
  support of HB 41.  He noted that there are inherent risks in                 
  all sports, but ski area operators also had                                  
  responsibilities.  He commented that HB 41 helped to define                  
  those responsibilities and would help all ski areas in                       
  Alaska.                                                                      
                                                                               
  Number 334                                                                   
                                                                               
  REP. NORDLUND asked Mr. Swanson how a limitation on                          
  Eaglecrest's liability would be reflected in insurance rates                 
  and ticket prices.                                                           
                                                                               
  Number 345                                                                   
                                                                               
  MR. SWANSON replied that at the present time, Eaglecrest was                 
  not a profitable operation, and therefore he could not say                   
  how a limitation on liability would affect ticket prices.                    
  He added that nationally, there were only two large                          
  companies and a couple of smaller ones, that insured ski                     
  areas.                                                                       
                                                                               
  Number 359                                                                   
                                                                               
  REP. NORDLUND commented that passage of HB 41 would not                      
  necessarily result in lower ticket prices.                                   
                                                                               
  Number 362                                                                   
                                                                               
  MR. SWANSON responded that he could not say that, at least                   
  not in the case of Eaglecrest.                                               
                                                                               
  Number 370                                                                   
                                                                               
  RAGA ELIM, of the DEPARTMENT OF NATURAL RESOURCES, said that                 
  he supported HB 41 in general, but wished to address a                       
  change that had been made by the Labor and Commerce                          
  Committee.  He called the members' attention to the top of                   
  page 5, section 05.45.040.  He said that the change                          
  pertained to the method of approving plans of operation.  He                 
  noted that he had worked with the Senate to amend its bill                   
  so as to get the appropriate party to approve an operational                 
  plan.  He stated that ski areas would either be on state                     
  land, federal land, or private land.  In the department's                    
  opinion, a different authority should be responsible for                     
  plan approval, based on land ownership.                                      
                                                                               
  MR. ELIM indicated that the framework which he had just                      
  mentioned appeared in the original HB 41, but was changed in                 
  the House Labor and Commerce committee substitute.  He said                  
  the department recommended that the committee substitute be                  
  changed back to the original framework for plan approval.                    
                                                                               
  Number 440                                                                   
                                                                               
  CHAIRMAN PORTER indicated that the committee would be                        
  addressing several amendments at the conclusion of                           
  testimony.                                                                   
                                                                               
  REP. GAIL PHILLIPS, PRIME SPONSOR OF HB 41, commented that                   
  she had not heard of Mr. Elim's proposed amendment until                     
  today.                                                                       
                                                                               
  MR. ELIM apologized for not having brought the proposed                      
  amendment to the sponsor's attention until today.                            
                                                                               
  REP. PHILLIPS stated that the House Labor and Commerce                       
  Committee had passed HB 41 out of committee with five "do                    
  pass" votes.  She said that the goal of HB 41 was to enable                  
  Alaskans to continue skiing at a reasonable cost and under                   
  safe conditions.  She stated that the bill was also intended                 
  to promote economic development in the state.  She noted                     
  that HB 41 was comprised of three parts.  The first part,                    
  she said, set forth the duties of ski operators and skiers.                  
  The second part dealt with liabilities that arose from the                   
  violation of those duties.  The third part indicated that                    
  there were inherent risks in skiing that were the skier's                    
  responsibility.  She noted that HB 41 expanded the                           
  definition of "inherent risk" and provided additional                        
  liability protection for ski area operators by imposing                      
  additional safety duties on ski area operators and skiers.                   
                                                                               
  REP. PHILLIPS commented that HB 41 was supported by a wide                   
  range of Alaskans.  She said that she wanted to make one                     
  minor amendment to the bill.  She stated that the Kachemak                   
  Bay Ski Club of Homer was concerned that strict adherence to                 
  HB 41's provisions would cause the club to cease operations.                 
  She added that the club could not conform to the requirement                 
  about the qualifications of the ski patrol.  Her proposed                    
  amendment would exempt the Kachemak Bay Ski Club and the                     
  Russian Jack Springs ski area in Anchorage from the ski                      
  patrol standards only.                                                       
                                                                               
  REP. PHILLIPS commented that HB 41 had no fiscal impact to                   
  the state.  She expressed her sympathies to those families                   
  who had suffered tragic losses of loved ones as a result of                  
  ski accidents.  She indicated her view that HB 41 would                      
  serve the best interests of all Alaskans.                                    
                                                                               
  Number 526                                                                   
                                                                               
  RICHARD HERRAN testified in opposition to HB 41, as he said                  
  that the bill would increase the risk faced by all skiers.                   
  He noted that currently, Alaska ski areas enjoyed a good                     
  reputation and good insurance rates.  He said that accident                  
  rates at ski areas were monitored and impacted a ski area's                  
  insurance rates.  If HB 41 were to pass, he said, ski areas                  
  could reduce the protection offered to skiers because the                    
  ski area's exposure to liability would be reduced.  That                     
  would result in more inherent risk to skiers, he added, and                  
  higher insurance rates for the ski areas.                                    
                                                                               
  Number 551                                                                   
                                                                               
  MR. HERRAN commented that he thought there was a lot of                      
  misunderstanding surrounding HB 41.  He expressed his                        
  opinion that HB 41 would result in less employment for                       
  Alaskans due to the ski areas employing fewer people as a                    
  result of providing less protection to skiers.  He stated                    
  that he saw HB 41 as increasing litigation, also.                            
                                                                               
  MR. HERRAN noted that in light of the dangers of skiing,                     
  insurance costs for ski areas were not that high.  He                        
  compared the cost of automobile insurance and the hazards of                 
  driving with the cost of ski area insurance and the dangers                  
  of skiing.  Mr. Herran estimated that in only one out of ten                 
  cases did an injured skier think about filing a claim,                       
  because most skiing accidents were the result of "pilot                      
  error."                                                                      
                                                                               
  MR. HERRAN urged the committee to not pass HB 41.  However,                  
  he said that if the committee wanted to pass some sort of                    
  skiing liability bill, they should make certain changes to                   
  the bill.  He outlined his proposed changes.  He recommended                 
  that the paragraph regarding apportionment of fault be                       
  eliminated, saying that it would set a precedent heretofore                  
  unheard of in Alaska tort law.                                               
                                                                               
  MR. HERRAN called the members' attention to page 5,                          
  paragraph A.  He said that the phrase "and follow" should                    
  follow "shall implement."  He noted that "implement" was an                  
  ambiguous term and would likely be litigated.  He said                       
  paragraph A should have another subsection which required                    
  that if an operator or its predecessor had a plan in effect                  
  on January 1, 1993, that plan would operate as a minimum                     
  standard for that entity for skier safety in the future.  He                 
  said that such a provision would ensure that the "state of                   
  the art" that a given ski area had achieved would remain in                  
  place.                                                                       
                                                                               
  MR. HERRAN also recommended a change on page 8, paragraph 5.                 
  He said the word "groomed" should be eliminated, because                     
  many heavily-used trails at ski areas were not groomed.  On                  
  page 9, he recommended that the warning include the last                     
  sentence of the definition of "inherent risk" found on page                  
  12.  Mr. Herran expressed an opinion that Alyeska would not                  
  settle claims against it because the company did not want to                 
  set a precedent of settling claims.                                          
                                                                               
  Number 754                                                                   
                                                                               
  REP. PHILLIPS asked Mr. Herran where he practiced law and                    
  what type of lawyer he was.                                                  
                                                                               
  Number 757                                                                   
                                                                               
  MR. HERRAN replied that his practice was in Wasilla and he                   
  primarily counseled injury victims.                                          
                                                                               
  TAPE 93-26, SIDE B                                                           
  Number 003                                                                   
                                                                               
  CHAIRMAN PORTER, seeing no other witnesses in Juneau who                     
  wished to testify, turned to the teleconference sites.                       
                                                                               
  Number 008                                                                   
                                                                               
  CYNTHIA CHRISTIANSEN testified via teleconference from                       
  Anchorage.  She said that she was an avid skier, the mother                  
  of several avid skiers, and a lawyer.  She expressed her                     
  opinion that the inherent risks of skiing should not be the                  
  responsibility of the ski area.  However, she commented that                 
  HB 41's definition of "inherent risk" included many elements                 
  that were the responsibility of the ski area.  She added                     
  that HB 41 would let ski area operators "off the hook" for                   
  many situations that they could control.                                     
                                                                               
  MS. CHRISTIANSEN spoke of an incident involving her son last                 
  year in which he was lost at a ski area.  The operator did                   
  nothing to help find him, she said.  Ms. Christiansen noted                  
  that HB 41 essentially made the ski areas only responsible                   
  for posting signs.  She added that HB 41 placed virtually                    
  all responsibility on the skier and none on the operator.                    
                                                                               
  Number 108                                                                   
                                                                               
  MS. CHRISTIANSEN commented that HB 41 was an unbelievably                    
  bad bill and that it should either be rewritten or thrown in                 
  the garbage.                                                                 
                                                                               
  Number 124                                                                   
                                                                               
  MARC BOND, an ATTORNEY FOR ALYESKA SKI RESORT and LEGAL                      
  COUNSEL FOR THE NATIONAL SKI PATROL SYSTEM, testified via                    
  teleconference from Anchorage.  He commented that he had                     
  been a ski patrol member since 1972.  Mr. Bond said that the                 
  Minnesota legislature was going through the same process                     
  that the Alaska legislature was with regard to skiing                        
  liability legislation.  He offered to answer any questions                   
  that committee members might have.                                           
                                                                               
  Number 150                                                                   
                                                                               
  REP. DAVIDSON asked Mr. Bond to comment on assertions made                   
  by the previous speaker about what was under the operator's                  
  control and what the skier needed to take responsibility                     
  for.  He also asked Mr. Bond how Alyeska worked to make ski                  
  areas safe.                                                                  
                                                                               
  Number 166                                                                   
                                                                               
  MR. BOND responded that in the event that a drunk                            
  snowmachine operator collided with a skier, the ski area                     
  operator would be liable.  He added that if a lift tower                     
  fell over, the operator would also be liable.  Regarding an                  
  instance in which a skier fell off of a 100-foot cliff on a                  
  ski slope, he said that skiers needed to understand that                     
  there were variations in terrain, both natural and                           
  artificial.  Visible variations in terrain were an inherent                  
  risk of skiing, he said.  He noted that HB 41 required ski                   
  areas to mark non-visible obstacles with signs.  He                          
  concluded by saying that Ms. Christiansen had been incorrect                 
  in asserting that in none of those three examples would a                    
  ski area be held liable.                                                     
                                                                               
  Number 201                                                                   
                                                                               
  REP. DAVIDSON asked Mr. Bond to comment on the suggested                     
  elimination of the word "groomed" on page 8, line 21.                        
                                                                               
  Number 205                                                                   
                                                                               
  MR. BOND said that elimination of the word "groomed" made                    
  the law unworkable.  He commented that it would be                           
  unfeasible for a ski operator to mark every single tree                      
  within the boundaries of a ski area.                                         
                                                                               
  REP. DAVIDSON asked if it were correct that Mr. Bond was an                  
  attorney working for Alyeska.                                                
                                                                               
  Number 233                                                                   
                                                                               
  MR. BOND replied that Rep. Davidson was correct.                             
                                                                               
  Number 237                                                                   
                                                                               
  REP. DAVIDSON asked Mr. Bond if he, as a parent, would be                    
  satisfied that HB 41 included an exhaustive list of the                      
  responsibilities of a ski area operator.                                     
                                                                               
  Number 240                                                                   
                                                                               
  MR. BOND replied that he had young children who would learn                  
  to ski shortly.  He indicated that HB 41 satisfied him, in                   
  that it contained a great deal of direct responsibility for                  
  the ski area operator.  Also, he noted that an operator's                    
  plan would have to be approved by a government agency.                       
                                                                               
  REP. DAVIDSON asked Mr. Bond to respond to an earlier                        
  comment about Alyeska not wanting to set the precedent of                    
  settling claims.                                                             
                                                                               
  Number 270                                                                   
                                                                               
  MR. BOND said that it was well known that there were "easy                   
  marks" and not-so-easy marks when it came to litigation                      
  defendants.  Once one became known as an easy mark, he said,                 
  one would get more claims.  He noted that if a company paid                  
  on some claims and litigated those for which the company                     
  felt that it was not responsible, then the company would                     
  come to be known as an entity that was willing to make a                     
  defense.                                                                     
                                                                               
  Number 288                                                                   
                                                                               
  BRUCE RIZER testified via teleconference from Anchorage.  He                 
  said that for the past two years, the Alaska legislature had                 
  considered inherent-risk-of-skiing bills.  He commented that                 
  this year, the ski industry had mounted a much more polished                 
  and expensive campaign to convince legislators to pass a law                 
  in the ski industry's self-interest.                                         
                                                                               
  MR. RIZER said that he had seen arguments in favor of HB 41                  
  and similar bills range from increasing tourism, spelling                    
  out the responsibilities of the skier and the ski area                       
  operator, increasing investment opportunities, and stopping                  
  people from suing ski areas.                                                 
                                                                               
  MR. RIZER said HB 41 put the burden on the skier and assumed                 
  that all skiers, even children and beginners, were able to                   
  assess broad and often hidden risks.  He added that HB 41                    
  provided that if a ski area operator posted certain signs                    
  and warned of certain conditions, they had fulfilled their                   
  obligation to the public and could not be held liable.                       
                                                                               
  MR. RIZER stated that he was shocked by what he had learned                  
  about Seibu and its safety procedures.  He mentioned that                    
  his son, Bart, had died after becoming entrapped in deep,                    
  bottomless snow on an open run in the middle of a bowl,                      
  in a pocket or waterfall of a stream bed.  He said that if                   
  HB 41 had been in effect at the time of Bart's death, Seibu                  
  would probably have been successful in having a lawsuit                      
  thrown out of court.                                                         
                                                                               
  MR. RIZER alleged that Alyeska had a high number of deaths                   
  as compared to other ski areas in the nation.  He commented                  
  that it was nearly impossible to spell out every situation                   
  in which a person could be injured.  He stated that present                  
  Rule 82, Alaska Rules of Civil Procedure, required that                      
  anyone who brought an unsuccessful, frivolous lawsuit, be                    
  held liable for the costs of the defense.  He commented that                 
  Rule 82 was a strong deterrent against frivolous lawsuits.                   
  Mr. Rizer concluded by saying that the Alaska Supreme Court                  
  had recently held that Alaska's inherent-risk-of-skiing                      
  statute was fair to both the skier and the ski area                          
  operator.                                                                    
                                                                               
  Number 436                                                                   
                                                                               
  ROBERT MOSS testified via teleconference from Homer.  He                     
  asked that the committee consider HB 41's ramifications on                   
  the nonprofit Kachemak Bay Ski Club.  He noted that the club                 
  could comply with all of HB 41's requirements, except for                    
  the ski patrol standards.  He added that the amendment                       
  proposed by the bill's sponsor would allow the club to                       
  continue operating.                                                          
                                                                               
  Number 450                                                                   
                                                                               
  DEBORAH NYE, a MEMBER of the KACHEMAK BAY SKI CLUB,                          
  testified via teleconference from Homer in support of the                    
  amendment proposed by Rep. Gail Phillips.  She said that                     
  given the small size of the Homer ski area, it was                           
  unrealistic to expect compliance with HB 41's ski patrol                     
  requirements.  She added that the club supported the concept                 
  of HB 41.                                                                    
                                                                               
  Number 468                                                                   
                                                                               
  REP. NORDLUND asked Ms. Nye what type of supervision and                     
  first aid was available at the Kachemak Bay Ski Club area.                   
                                                                               
  Number 475                                                                   
                                                                               
  MS. NYE replied that there were two adult club members on                    
  the hill at all times, one at the top and one at the bottom.                 
  She added that there was a telephone at the ski area and                     
  medical help could be summoned immediately after an                          
  accident.  In the event of an accident, she said, the rope                   
  tow would be closed immediately.                                             
                                                                               
  Number 485                                                                   
                                                                               
  REP. NORDLUND asked who owned the property where the                         
  Kachemak Bay Ski Club ski area was located.                                  
                                                                               
  Number 486                                                                   
                                                                               
  MS. NYE replied that the ski area was on private property.                   
                                                                               
  Number 488                                                                   
                                                                               
  REP. NORDLUND asked if the ski area was restricted to club                   
  members or if it was open to the general public.                             
                                                                               
  Number 490                                                                   
                                                                               
  MS. NYE responded that the ski area was open to the general                  
  public.                                                                      
                                                                               
  Number 495                                                                   
                                                                               
  SUSAN LOWE, testifying via teleconference from Anchorage,                    
  spoke in opposition to HB 41.  She said that she was a                       
  member of the National Ski Patrol and the mother of five                     
  avid skiers.  She said that her opposition stemmed from her                  
  belief that HB 41 placed all responsibility on skiers.                       
                                                                               
  MS. LOWE commented that there were many good provisions in                   
  HB 41, but some responsibility needed to be taken by the ski                 
  area operator.                                                               
                                                                               
  MS. LOWE read testimony from her husband, David Lowe, into                   
  the record.  She cited her husband's extensive skiing                        
  background.  Mr. Lowe contrasted the approach taken by                       
  Alyeska in response to the death of Bart Rizer with the                      
  response of the Johnson and Johnson Company to the poisoned                  
  Tylenol capsule scandal.  While Johnson and Johnson was                      
  clearly not at fault, he said, the company took                              
  responsibility during the situation.  At a time when Alyeska                 
  ought to be reviewing its health, safety, and public                         
  relations policies, he added, it was instead requesting                      
  further protection from liability.                                           
                                                                               
  MR. LOWE commented that HB 41 reinforced the idea that                       
  operators should be held blameless in the event of an injury                 
  to a skier.  He said ski areas could do a lot to reduce                      
  risks to skiers.  Mr. Lowe added that ski areas encouraged                   
  children to become involved in skiing through a variety of                   
  means.  He said that if ski areas were going to entice                       
  children, they needed to do everything possible to ensure                    
  that the children would be safe.  He noted that some risks                   
  could not be eliminated, and a skier had to accept her or                    
  his share of the risk.  He said that an appropriate balance                  
  must be found.  He stated that HB 41 leaned too far toward                   
  absolving ski areas of any responsibility, and was, in his                   
  opinion, special-interest legislation.                                       
                                                                               
  MR. LOWE commented that Alaska already had a law which                       
  spelled out the responsibilities of the ski area and the                     
  skier, and adequately addressed the inherent risks of                        
  skiing.  He said HB 41 would give more protection to ski                     
  areas and less to the skiing public.  He cited the Bart                      
  Rizer case as an example of ski areas ignoring safety in                     
  order to protect their commercial interests.                                 
                                                                               
  TAPE 93-27, SIDE A                                                           
  Number 000                                                                   
                                                                               
  MR. LOWE asserted that if Alyeska were concerned about the                   
  safety of the general public, it would take a more pro-                      
  active approach by openly discussing the Bart Rizer incident                 
  with staff, ski patrol members, and the public.  He urged                    
  the committee not to pass HB 41, as it only encouraged                       
  further neglect of important health and safety issues that                   
  could and should be addressed by Alyeska.                                    
                                                                               
  Number 131                                                                   
                                                                               
  MS. LOWE commented that as a friend of the Rizer family, she                 
  was aware that the Rizers wanted to see laws making skiing                   
  safe for other children and were not after personal gain.                    
                                                                               
  Number 156                                                                   
                                                                               
  PATTI RIZER indicated that she had sent a letter and                         
  attachments to committee members and expressed her desire                    
  that the members' read what she had sent.  She said that                     
  Alaska already had an inherent-risk-of-skiing law in place,                  
  and the law had been upheld by the Alaska Supreme Court as                   
  fair to both skiers and ski area operators.                                  
                                                                               
  MS. RIZER said that out of 26 states with similar laws,                      
  Seibu Corporation had modeled HB 41 after the Colorado law,                  
  which gave the ski industry more limited liability than any                  
  other state law.  She said that after Colorado had passed                    
  its law, it had a very deadly ski season and lift ticket                     
  prices went up.                                                              
                                                                               
  MS. RIZER reminded the committee members that they                           
  represented the people of Alaska.  She said that there was                   
  no monitor on the ski industry in Alaska.  Ms. Rizer added                   
  that passage of HB 41 would have no effect on her pending                    
  lawsuit against Alyeska.  She urged committee members to                     
  think about their constituents and not let money sway their                  
  votes on HB 41.                                                              
                                                                               
  Number 288                                                                   
                                                                               
  LAURIE MAPES testified via teleconference from Anchorage in                  
  opposition to HB 41.  She said that ski operators would be                   
  freed from a great deal of liability if HB 41 passed.  She                   
  asked committee members to carefully consider all of the                     
  implications of passing HB 41.                                               
                                                                               
  Number 303                                                                   
                                                                               
  CHAIRMAN PORTER said that the committee would conclude                       
  taking testimony on HB 41.  He added that the bill would be                  
  before the committee again, at a time uncertain.  He                         
  announced that the committee would quickly take up a letter                  
  of intent for HB 2.  Committee members reviewed the draft                    
  letter of intent.                                                            
                                                                               
  Number 329                                                                   
                                                                               
  REP. JAMES moved to adopt the letter of intent.                              
                                                                               
  CHAIRMAN PORTER, hearing no objection, ordered that the                      
  letter of intent be adopted by the committee.                                
                                                                               
  ADJOURNMENT                                                                  
                                                                               
  CHAIRMAN PORTER adjourned the meeting at 3:44 p.m.                           
  House Bill 167 was not heard at this time.                                   

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