Legislature(1993 - 1994)
03/09/1994 01:15 PM House JUD
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HOUSE JUDICIARY STANDING COMMITTEE
March 9, 1994
1:15 p.m.
MEMBERS PRESENT
Rep. Brian Porter, Chairman
Rep. Jeannette James, Vice Chair
Rep. Pete Kott
Rep. Gail Phillips
Rep. Joe Green
Rep. Cliff Davidson
Rep. Jim Nordlund
COMMITTEE CALENDAR
Confirmation of Attorney General appointee, Bruce Botelho
HB 300: "An Act relating to civil liability for commercial
recreational activities; and providing for an
effective date."
CSHB 300(JUD) AMENDED AND MOVED OUT OF COMMITTEE
WITH INDIVIDUAL RECOMMENDATIONS
HB 349: "An Act providing for the civil commitment of
sexually violent predators."
NOT HEARD
HB 340: "An Act prohibiting the furlough of sex
offenders."
NOT HEARD
WITNESS REGISTER
BRUCE BOTELHO
Attorney General Appointee
Department of Law
P.O. Box 110300
Juneau, AK 99811-0300
Position Statement: Addressed the committee
NANCY LETHCOE
Alaska Wilderness Recreation and Tourism Association
P.O. Box 1353
Valdez, AK 99686
(907)835-4300
Position Statement: Supported HB 300
KAREN COWART
Executive Director
Alaska Visitors Association
3201 C St., Suite 403
Anchorage, Ak 99503
(907)561-5733
Position Statement: Supported HB 300
REP. BILL HUDSON
Alaska State Legislature
State Capitol, Room 108
Juneau, AK 99801-1182
Position Statement: Chair of Labor & Commerce Committee,
sponsor of HB 300
PREVIOUS ACTION
BILL: HB 300
SHORT TITLE: LIABILITY: COMMERCIAL RECREATION ACTIVITY
SPONSOR(S): LABOR & COMMERCE
JRN-DATE JRN-PG ACTION
05/06/93 1665 (H) READ THE FIRST TIME/REFERRAL(S)
05/06/93 1665 (H) L&C, JUDICIARY, FINANCE
09/10/93 (H) L&C AT 09:00 AM CAPITOL 17
02/24/94 (H) L&C AT 03:00 PM CAPITOL 17
02/24/94 (H) MINUTE(L&C)
02/28/94 2544 (H) L&C RPT CS(L&C) 4DP
02/28/94 2544 (H) DP: PORTER, GREEN, MULDER,
HUDSON
02/28/94 2544 (H) -ZERO FISCAL NOTE (ADM) 2/28/94
03/09/94 (H) JUD AT 01:15 PM CAPITOL 120
BILL: HB 349
SHORT TITLE: CIVIL COMMITMENT OF SEXUAL PREDATORS
SPONSOR(S): REPRESENTATIVE(S) PARNELL,Toohey,Olberg,Sanders,
Bunde
JRN-DATE JRN-PG ACTION
01/07/94 2019 (H) PREFILE RELEASED
01/10/94 2019 (H) READ THE FIRST TIME/REFERRAL(S)
01/10/94 2019 (H) HES, JUDICIARY, FINANCE
01/13/94 2056 (H) COSPONSOR(S): OLBERG
01/26/94 2160 (H) COSPONSOR(S): SANDERS
02/07/94 (H) HES AT 03:00 PM CAPITOL 106
02/07/94 (H) MINUTE(HES)
02/09/94 2310 (H) HES RPT CS(HES) 5DP 2NR 2AM
02/09/94 2310 (H) DP: KOTT, BUNDE, TOOHEY,
B.DAVIS, BRICE
02/09/94 2310 (H) NR: OLBERG, NICHOLIA
02/09/94 2310 (H) AM: VEZEY, G. DAVIS
02/09/94 2311 (H) -3 FISCAL NOTES (DHSS, LAW,
ADM) 2/9/94
02/09/94 2311 (H) -ZERO FISCAL NOTE (ADM) 2/9/94
02/09/94 2328 (H) COSPONSOR(S): BUNDE
02/14/94 (H) JUD AT 01:15 PM CAPITOL 120
02/16/94 (H) MINUTE(JUD)
03/09/94 (H) JUD AT 01:15 PM CAPITOL 120
BILL: HB 340
SHORT TITLE: NO FURLOUGHS FOR CERTAIN SEX OFFENDERS
SPONSOR(S): REPRESENTATIVE(S) PARNELL,Phillips,Toohey,
Sanders,Olberg
JRN-DATE JRN-PG ACTION
01/03/94 2016 (H) PREFILE RELEASED
01/10/94 2016 (H) READ THE FIRST TIME/REFERRAL(S)
01/10/94 2016 (H) HES, JUDICIARY, FINANCE
01/12/94 2043 (H) COSPONSOR(S): TOOHEY, SANDERS
01/13/94 2055 (H) COSPONSOR(S): OLBERG
03/02/94 (H) HES AT 03:00 PM CAPITOL 106
03/02/94 (H) MINUTE(HES)
03/04/94 2603 (H) HES RPT 3DP 4NR 1AM
03/04/94 2603 (H) DP: BUNDE, TOOHEY, BRICE
03/04/94 2603 (H) NR: G.DAVIS, OLBERG, NICHOLIA,
KOTT
03/04/94 2604 (H) AM: VEZEY
03/04/94 2604 (H) -FISCAL NOTE (CORR) 3/4/94
03/04/94 2604 (H) -3 ZERO FISCAL NOTES (DPS,
2-ADM) 3/4/94
03/04/94 2604 (H) REFERRED TO JUDICIARY
03/09/94 (H) JUD AT 01:15 PM CAPITOL 120
ACTION NARRATIVE
TAPE 94-35, SIDE A
Number 000
The House Judiciary Standing Committee was called to order
at 1:30 p.m., on March 9, 1994. A quorum was present.
Chair Porter announced there would not be a joint session of
the House and Senate Judiciary Committee as the Senate was
still in floor session.
Number 014
BRUCE BOTELHO, Governor Hickel's designee for the Office of
Attorney General, gave opening statements regarding what he
felt was the responsibility of the attorney general, as well
as what his personal priorities would be as attorney
general. His opening statements were as follows:
I am honored to be appearing before you as Governor Hickel's
designee for the Office of Attorney General.
It is the highest office to which a lawyer can aspire. I
have worked with or for seven other Alaska attorneys
general. Each have had different priorities. Collectively
they have had dramatically different personalities. All
have had different styles of doing business. Yet, all of
them shared these characteristics:
(1) high moral integrity;
(2) strong personal and professional judgments;
(3) competence in their chosen profession;
(4) an abiding love for their state: and
(5) a strong allegiance to the rule of law.
I hope I measure up.
MR. BOTELHO went on to say the Office of Attorney General
has statutory powers and outlined them as follows:
The duty to appear for and to defend the state and its
agencies.
The right to control litigation and appeals.
The right to intervene in legal proceedings on behalf
of the public interest.
The power to determine the state's legal policy.
The authority to prosecute criminal activity.
Number 203
MR. BOTELHO noted that Alaska is one of only a few states
with an appointed attorney general. He said he supported
that because it lessens the risk of politicizing the
Department of Law and avoids duplication of services. He
went on to say that in addition to the Office of Attorney
General, each department maintains its own counsel, and this
system best guarantees a single legal policy of the state.
MR. BOTELHO'S testimony continued as follows:
I serve the governor - as his chief legal officer.
Institutionally, I owe him, as the elected representative of
the people, my loyalty. Loyalty means to provide him the
best legal advice that I and my department can render and to
support his agenda in all ways consistent with the laws of
this state and this nation.
I regard this high office as a public trust to faithfully
execute the laws, both prosecute and defend and, when
exercising discretionary powers, to do so with impartiality.
The governor has identified these priorities for our
department:
1. Resolution of the back taxes claimed against
Alaska's petroleum industry. In my mind these cases are the
major single impediment to healthy relations between the
industry and the state.
2. Resolution of the mental health trust litigation
that truly brings finality to this longstanding controversy.
3. Continue to strengthen internal management with the
Department of Law, a department made up of professionals
dedicated to serving the justice.
In conclusion, MR. BOTELHO told the committee there were two
questions he was most commonly asked regarding his political
affiliation and how that may effect his relationship with
the governor.
MR. BOTELHO said he spoke to the governor and expressed two
reservations regarding subject matters on which he and the
governor disagreed. He also spoke to the governor about
potential political problems having a Democrat in his
cabinet.
MR. BOTELHO said the governor responded by saying that he
expected some disagreement and was not concerned about
political affiliation.
MR. BOTELHO went on to say that the way of dealing with any
disagreements that may come up between himself and the
governor are first the obligation of the attorney general to
support the governor and secondly provide the best legal
advice possible. He went on to say that when working on a
particular issue or case, there is a great deal of input
from other attorneys within the department.
Number 444
REP. GREEN asked Mr. Botelho where his responsibility to his
position would lie regarding opinion versus obligation.
Number 465
MR. BOTELHO responded by saying that the attorney general
and the attorney general's staff at times serve in two
capacities, one being the objective purveyor of the best
judgement about what the meaning of law to serve in the role
of advocate. He said the department provides information to
the policy-makers and the role of the department is to allow
the policy-maker to make the call, and when the call is
made, advocate that position. He reiterated the
responsibility of the attorney general to the governor, as
the embodiment of the people.
Number 489
REP. NORDLUND congratulated Mr. Botelho on being appointed
and said he supported his appointment. He also pointed out
to the committee that whatever disagreements may exist
between the governor and the attorney general, do not
necessarily reflect party affiliation.
REP. NORDLUND asked Mr. Botelho if he thought the mental
health lands trust issue would be resolved this year.
Number 517
MR. BOTELHO said that he was hopeful that the department
would supply the legislature with legislation, that if
enacted, would have closure on the issue.
Number 536
REP. PHILLIPS referenced the five characteristics that Mr.
Botelho discussed in his opening comments and asked him to
state his feelings about the philosophical and political
differences between himself and the governor and how he
would deal with this when presenting a defense.
Number 554
MR. BOTELHO restated his obligation to the governor and
provided an example of these differences by noting the
planned parenthood case suing the state of Alaska regarding
certain abortion regulations. Mr. Botelho said the
department requested that those with any interest in
defending the state participate in the defense of those
regulations. As a result of that request, a task force was
established to deal with the issue. He provided this as an
example of how an attorney general can be most responsive
regardless of personal views that may differ from the
governor's.
MR. BOTELHO further stated that he had not found a great
many areas in which he disagreed with the governor.
REP. PHILLIPS asked if Mr. Botelho would be joining a
campaign effort for another gubernatorial candidate.
MR. BOTELHO said he would not, that it would be
inappropriate.
REP. GREEN asked about oil export ban litigation regarding
breach of contract.
Number 610
MR. BOTELHO responded as follows:
Mr. Chairman, the oil export ban, in terms of the arguments
made on behalf of the state, certainly are "near the edge of
the envelope" in terms of the arguments being made to the
court. I think the point Rep. Green is making is that there
was a consideration for allowing TAPS (Trans Alaska Pipeline
Service) to go forward promised that the national
environmental policy be waived for the right-of-way. The
agreement was made provided there would be no exporting of
North Slope oil. I think it was a compelling argument and
one that implicitly directed the court, although there are
other very specific legal arguments that we made with regard
to the discrimination of one state versus another.
Certainly, the state was not a party to the agreement per
se, although it participated in that result; so, it does
pose some problems in terms of the state advancing the
argument that it is going to hold the federal government to
the contract with the state and yet we may not hold to ours.
There is a degree of inconsistency. We are advancing a
legal theory which we think is an honest one and one which
the court should consider.
Number 648
MR. BOTELHO concluded by saying he did not think it was an
abuse of power to proceed with these lawsuits.
Number 646
REP. DAVIDSON asked Mr. Botelho who he would be working for
outside the Department of Law.
Number 652
MR. BOTELHO responded by saying all negotiations have been a
joint effort by the Department of Natural Resources and by
the Department of Law in addition to three lawyers in-house,
two lawyers on contract, as well as the staffs of various
divisions within the Department of Natural Resources.
MR. BOTELHO went on to say Commissioner Noah and himself
have been keeping the governor and the chief of staff up-to-
date with what is happening. There is no person
specifically assigned within the governor's office and no
desire to as the governor has confidence in those handling
the issue.
Number 669
REP. PHILLIPS asked if Mr. Botelho would be running for
legislative office next session.
Number 671
MR. BOTELHO responded no.
Number 685
REP. JAMES asked Mr. Botelho, if he were asked to provide an
opinion, as attorney general, that was very important to the
administration and found that the position was not a good
one to take, how would he deal with that?
MR. BOTELHO responded by saying that the lawyer is not the
policy-maker. The job of the department is to provide good
advice to indicate what the relative risks are in one course
of action or an another.
MR. BOTELHO said the responsibility of the Department of Law
is to defend the position of an agency as long as it is
within the reasonable boundaries of law.
REP. GREEN asked Mr. Botelho what his opinion was regarding
the back taxes received by the state from the industry. In
addition, he said there is an impression among the public
that the alleged amount of money owed is the same as
potential money available to the state rather than the fact
that it being an amount of money in dispute.
Number 772
MR. BOTELHO responded by saying that currently the $5.5
billion represents claimed taxes as well as interest. He
clarified that the 5.5 billion is a claim, not a debt owed.
The job of the department is to pursue litigation, if
necessary, and collect on what is, if deemed by the courts,
owed to the state.
Number 816
REP. JAMES aired a concern about settling tax disputes and
said that she felt the claims should be settled without
public scrutiny. She asked Mr. Botelho if there was any
reason that the state had to report the large amounts of
potential awards to the public.
Number 834
MR. BOTELHO said there are competing policy interests. The
legislature has a policy stating that taxpayers, corporate
or individual, have a qualified right to file and have those
returns be treated as confidential, as well as any matter
that arises from them.
MR. BOTELHO also said he felt it was important that the
public have a sense of the extent of the alleged obligation.
He went on to say that the role the legislature is to
provide in oversight as auditors of the executive branch as
representatives of the public, and he felt that when dealing
with tax matters they should be done in executive session.
MR. BOTELHO further commented on Rep. James' concern of the
policy issue of a taxpayer to have some reasonable certainty
what the tax liability is.
Number 885
REP. PHILLIPS asked Mr. Botelho to describe his fiscal
philosophy and his development philosophy regarding the
development of Alaska's resources.
Number 889
MR. BOTELHO described himself as a fiscal conservative and
said he supported a reimposition of the personal income tax
because he feels that those who pay for government will be
more concerned about what the government does. When
describing the Department of Law budget he pointed out that
their budget is larger, primarily as a result of the oil and
gas component, which is directly targeted at bringing to
conclusion some of the largest outstanding tax cases. In
other respects there is not much growth except in the
criminal division, which is simply a maintenance budget. If
the legislature directs the department to cut expenses, it
will do so. He went on to say that he felt the
responsibility of the department is to prioritize its
functions.
TAPE 94-35, SIDE B
Number 000
MR. BOTELHO went on to say that over the years there has
been an increasing focus on the retention of paralegals as
opposed to lawyers and being able to separate out tasks that
have been done by lawyers but which have been successfully
undertaken by paralegals. He also added that the department
hired a person to be a full-time auditor on billings from
outside counsel to make sure there is good management in
that area. With respect to the matter of development, MR.
BOTELHO said Alaska has been and always will be a state
whose well-being is directed by natural resources, some
renewable, some nonrenewable. In that regard he believes
that development not only is necessary but one that can be
done in great compatibility and sensitivity towards the
environment.
Number 114
REP. GREEN, having referenced the issue of the death
penalty, asked Mr. Botelho, if he had a position in one
court, would that have any influence on prosecutorial
decisions in another?
Number 140
MR. BOTELHO said the attorney general does not interfere
with the criminal justice system and the discretion which is
permitted to the district attorneys to prosecute cases. He
went on to say that as a policy matter and as a personal
religious conviction he opposed the death penalty, but if
the legislature enacts the law the department had a
responsibility to defend that. If legislation were enacted,
the district attorney would determine the course to take.
He continued by saying he would not issue a directive that
the state of Alaska would not seek the death penalty in any
case.
Number 180
REP. DAVIDSON asked Mr. Botelho to discuss the effects of
the suggested budget cuts made by the governor coupled with
the potential passage of a package of crime bills. He also
asked for Mr. Botelho's personal priority and the governor's
priority and other mandates and priorities.
Number 226
MR. BOTELHO responded by saying that any cuts the department
would make would affect the civil division before the
criminal division. The department would look first at
programs that should be cut in terms of laying off lawyers.
He added that the cuts in the Department of Law are
personnel cuts.
MR. BOTELHO continued by saying the priorities of the
department are dealing with health and safety issues, child
proceedings and emergency situations. In addition, Mr.
Botelho stated that natural resource litigation is a
priority of the department because of the impact both
legally and financially to the state.
MR. BOTELHO further stated that cuts to the department would
mean a delay in response to requests for opinions and/or
projects. In addition, the department would need to
exercise more discretion when considering litigation. As a
result, the department would only be dealing with the most
serious cases concerning health and safety issues.
Number 322
REP. DAVIDSON asked what the trade-off would be using
paralegals instead of lawyers.
Number 330
MR. BOTELHO commented that paralegals do not appear in
court. The advantage of having paralegals is their ability
to take on research responsibilities, thereby freeing up
time for the attorneys so they can be in court. He said
there is time when there just is not enough support and
though the department has not reached that level, it is
possible considering the projected budget difficulties.
REP. DAVIDSON aired a concern that the department is putting
too much off on the deputy attorney general and asked if
there was any way to compare the caseload of the deputy
attorney general with an attorney in the private sector.
Number 365
MR. BOTELHO said he could not answer that specifically but
commented that in some sections of the department there are
higher levels of stress and work load than in others. He
further commented that the human services area and the
criminal division are the most stressful.
Number 405
REP. NORDLUND asked what Mr. Botelho's opinion was about
issuing opinions from the attorney general's office that may
not be well received by the legislature and thereby
presenting the potential of retribution in the form of
budget cuts.
Number 420
MR. BOTELHO said that the department is expected to provide
honest legal advise and though there are consequences of
that, he had never experienced that type of coercion. He
further noted that the effectiveness of the attorney
general's office is directly related to its integrity and
the ability of its staff to give honest advice.
Number 480
CHAIR PORTER asked which of the pending cases involving the
federal government did the state have a chance of prevailing
on.
Number 490
MR. BOTELHO responded by saying the case involving the
federal compact which provides for the 90/10 split from
which the federal government has attempted to take out of
our 90; their administrative costs would likely prevail.
Number 500
CHAIR PORTER asked Mr. Botelho if he thought that the oil
and gas tax settlements would be resolved so that the state
and industry will know what track they are on and so they
can accurately predict what their tax obligation will be.
Number 509
MR. BOTELHO said he felt there was a good likelihood of that
happening and provided the example of the resolution of the
oil royalty disputes with the industry. He went on to say
that Commissioner Rexwinkel, himself, and representatives of
the industry were meeting in an attempt to resolve some
problems and come to some common agreement on how the
state's tax program should be structured.
Number 583
CHAIR PORTER asked if the attorneys providing testimony to
the legislature on behalf of the department reflect the
opinion of that particular attorney.
Number 590
MR. BOTELHO said that it depends on the issue and if it is a
controversial issue or a priority of the governor, the issue
will have been reviewed by the department and the governor's
office and staff. If the department was involved in the
drafting of a particular piece of legislation, then the
department provides a great deal of latitude for the
attorneys who worked on that legislation to provide advice
to the respective committees without having prior clearance
from the attorney general, especially regarding areas of
subject matter expertise.
Number 634
CHAIR PORTER commented that the committee should not then
assume that the opinion of a particular attorney is
necessarily that of the department or the administration.
Number 638
MR. BOTELHO agreed with Chair Porter's comment.
Number 643
REP. GREEN moved to confirm Mr. Botelho and pass with
individual recommendation. With no objection, it was so
moved.
Number 660
HB 300 - LIABILITY: COMMERCIAL RECREATION ACTIVITY
CHAIR PORTER stated that HB 300 would be taken up next.
Number 665
REP. BILL HUDSON, Chair of the House Labor & Commerce
Committee, sponsor of HB 300, said the bill was developed
upon the request of small tourism based businesses and other
recreational organizations/businesses.
REP. HUDSON said that HB 300 would establish a balance of
responsibility of those operating the activities, as well as
those who participate in commercial recreational facilities.
(Rep. Hudson read from a sponsor statement.) For further
clarification he quoted Section 2 from the sectional
analysis.
REP. HUDSON said that passage of this bill would reduce
insurance premiums as well as reduce accidents.
REP. HUDSON added that he had four amendments for the
committee's consideration.
Number 785
KAREN COWART, Alaska Visitors Association, testified in
support of HB 300. She said it is imperative for the
recreational industry to allow growth and development.
Currently, she said costs are rising greatly because of
nuisance litigation, inhibiting the growth and expansion of
businesses. The passage of HB 300, by clarifying
responsibility of the individual as well as business, would
alleviate the high cost of liability insurance.
Number 800
NANCY LETHCOE, President, Alaska Wilderness Recreation and
Tourism Association, testified in support of HB 300 and the
additional amendments offered by Rep. Hudson.
MS. LETHCOE said that adventure travel and ecotourism
businesses are growing at a rate of twenty percent a year.
She went on to say that passage of HB 300 would guarantee a
basic standard and professional expertise when working with
clients.
REP. NORDLUND said he supported HB 300 because he felt that
it would help make operations safer and help clarify the
inherent risk involved in some of the stated recreational
activities. He asked if passage of HB 300 will help
decrease insurance cost.
Number 866
MS. LETHCOE responded yes and further stated that it was
requested by the insurance company that her organization
pursue legislation with regard to liability. She went on to
say that in other states with similar legislation studies
show a decrease of 15-20% in insurance rates.
TAPE 94-36, SIDE A
Number 010
REP. NORDLUND asked Ms. Lethcoe if she would follow up with
him in the next year to see if passage of HB 300 did Affect
insurance rates.
REP. PHILLIPS commented on the high insurance rates she
experienced as a private business owner.
Number 028
MS. LETHCOE added that many entrepreneurs have researched a
potential business, have the professional training and
financial capabilities to open and operate a business, but
the cost of insurance is prohibitive.
CHAIR PORTER asked for a motion to adopt CSHB 300(JUD).
Rep. James moved the motion. CSHB 300(JUD) was adopted.
REP. HUDSON discussed the amendments as follows: on page 2,
line 10, after "learn about" add "and expressly accepts" to
more specifically state that someone not only learns about
but accepts.
Number 129
The committee discussed whether the wording should be
"accept" rather than "accepts." It was decided that
"accept" was acceptable.
Number 184
REP. NORDLUND asked what the exact meaning of "expressly
accept" and aired a concern that perhaps this wording would
create more litigation than it would discourage. He asked
if it meant a written statement.
Number 202
REP. HUDSON said it was state of the art expression.
With no objection, Amendment 1 was adopted.
REP. HUDSON continued with Amendment 2, page 2, line 24,
insert after (A) "fundamental." This was a recommendation
from outfitters and guide associations, the two underwriters
of liability.
Rep. Hudson said that line 2 would read "fundamental and
inherent risks." It would be impossible to explain all the
inherent risks and by inserting fundamental would recognize
that fact.
Number 216
Amendment 2 was moved and adopted without objection.
Number 229
REP. HUDSON offered Amendment 3, page 2, line 25, delete
"safely." He said that it was brought to his attention that
though an organization may make every effort to make a
particular activity safe, safety can not be guaranteed.
With Amendment 2 it clarifies the language in case of
litigation.
Number 250
REP. GREEN objected to the amendment for purposes of
discussion. He aired a concern regarding the potential
shifting of responsibility to the operator.
Number 270
REP. NORDLUND shared Rep. Green's concern. He commented
that removing "safely" did not really change anything.
Number 294
REP. HUDSON said there is inherent risk involved in the type
of activities addressed in HB 300. A business or
organization can educate and inform participants but cannot
guarantee that the individual could "safely" participate.
He further noted that if "safely" were left in, it may
encourage litigation rather than discourage it.
REP. JAMES supported the amendment and said that an
individual could have all the appropriate equipment and
skill but the activity could still be unsafe.
Number 312
REP. GREEN noted that in the bill it says that an
organization or business only has to "explain" the risks,
not guarantee safety.
Number 320
REP. JAMES, CHAIR PORTER and DANIELLA LOPER agreed with the
concerns of Rep. Hudson.
REP. GREEN maintained his objection to Amendment 3. A roll
call vote was taken. Amendment 3 was adopted.
Number 360
REP. HUDSON introduced Amendment 4, which lists types of
activities that pertain to HB 300.
Number 396
REP. JAMES asked if "adventure" could be included to cover
types of activities.
Number 405
MS. LETHCOE requested that "llama trips" be added to the
list.
Number 419
REP. NORDLUND pointed out that the statement "...but not
limited to" does not remove the legal problem. He further
noted that by establishing a listing, that listing elevates
those activities to a greater level of validity and that by
having a listing, it invites more potential litigation than
it deters.
Number 432
REP. HUDSON asked the committee to address the amendment as
written including the requests by Nancy Lethcoe to add
"llama treks and dog sledding."
REP. GREEN commented that the amendment was getting into
specifics and when doing that it creates exclusion. He
suggested the committee leave the listing out.
REP. KOTT agreed with Rep. Green's comments.
MS. COWART asked if those participating in unsupervised
activities would be included in the bill.
CHAIR PORTER said they would be included.
MS. COWART agreed that exclusion is better because of the
fact that there are a growing number of new businesses with
varying kinds of activities that may not be included in the
list and thereby potentially forcing them to pay higher
insurance rates because they would not be included in this
legislation.
REP. PHILLIPS reiterated that the bill states "...includes
but not limited to."
Number 504
CHAIR PORTER said he felt there was enough on record
describing the kinds of activities the bill addresses. He
further suggested the committee not adopt Amendment 4.
Number 510
CHAIR PORTER asked if there was further discussion. Hearing
none, he asked if there were objections.
Number 520
REP. GREEN maintained his objection. A roll call vote was
taken and Amendment 4 failed.
Number 526
CHAIR PORTER asked if Rep. Hudson had any further comments
on HB 300.
Number 528
REP. HUDSON said he was satisfied with the work the
committee had done with HB 300.
Number 537
REP. JAMES motioned to move CSHB 300(JUD) with individual
recommendations and zero fiscal note. Without objection, it
was so moved.
Number 565
CHAIR PORTER announced that the committee would take up the
continuation of HB 292 on Friday; and on Saturday, March 12,
the committee would continue with the Friday schedule.
CHAIR PORTER adjourned the meeting at 3:40 p.m.
HB 349 - NOT HEARD TODAY
HB 340 - NOT HEARD TODAY
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