Legislature(1993 - 1994)

03/17/1993 01:47 PM Senate JUD

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
                                                                               
                                                                               
                   SENATE JUDICIARY COMMITTEE                                  
                         March 17, 1993                                        
                            1:47 p.m.                                          
                                                                               
                                                                               
  MEMBERS PRESENT                                                              
                                                                               
  Senator Robin Taylor, Chairman                                               
  Senator Rick Halford, Vice-Chairman                                          
  Senator George Jacko                                                         
  Senator Dave Donley                                                          
  Senator Suzanne Little                                                       
                                                                               
  OTHERS PRESENT                                                               
                                                                               
  Senator Tim Kelly                                                            
                                                                               
  COMMITTEE CALENDAR                                                           
                                                                               
  CS FOR SENATE BILL NO. 44(L&C)                                               
  "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."                                
                                                                               
  PREVIOUS SENATE COMMITTEE ACTION                                             
                                                                               
  SB 44 -  See Labor and Commerce minutes dated 1/19/93,                       
            1/21/93, and 1/26/93.  See Judiciary minutes                       
            dated 3/5/93.                                                      
                                                                               
  WITNESS REGISTER                                                             
                                                                               
  Marc Bond, Attorney                                                          
  1007 W. 3rd Ave. #400                                                        
  Anchorage, Alaska 99501                                                      
  Testified off-net                                                            
  from British Columbia.                                                       
    POSITION STATEMENT: Counsel for Alyeska.                                   
                                                                               
  Bruce Rizer                                                                  
  5530 Rabbit Creek Road                                                       
  Anchorage, Alaska 99577                                                      
    POSITION STATEMENT: Opposed SB 44.                                         
                                                                               
  Ron Swanson, Director                                                        
  Division of Lands                                                            
  P.O. Box 107005                                                              
  Anchorage, Alaska 99510-7005                                                 
    POSITION STATEMENT: Supported SB 44.                                       
                                                                               
  Raga Elim, Special Assistant                                                 
  Department of Natural Resources                                              
  400 Willoughby Avenue                                                        
  Juneau, Alaska 99801-1724                                                    
                                                                               
                                                                               
    POSITION STATEMENT: Testified on SB 44.                                    
                                                                               
  David Lowe                                                                   
  6320 Switzerland Drive                                                       
  Anchorage Alaska 99516                                                       
    POSITION STATEMENT: Opposed SB 44.                                         
                                                                               
  John Heiser, Director                                                        
  Mountain Operations                                                          
  Alyeska Resort                                                               
  Girdwood, Alaska 99587                                                       
    POSITION STATEMENT: Supported SB 44.                                       
                                                                               
  Patty Rizer                                                                  
  5530 Rabbit Creek Road                                                       
  Anchorage, Alaska 99577                                                      
    POSITION STATEMENT: Opposed SB 44.                                         
                                                                               
  Paul Swanson, Manager                                                        
  Eaglecrest                                                                   
  P.O. Box 34878                                                               
  Juneau, alaska 99803                                                         
    POSITION STATEMENT: Supported SB 44.                                       
                                                                               
  ACTION NARRATIVE                                                             
                                                                               
  TAPE 93-26, SIDE A                                                           
  Number 001                                                                   
                                                                               
  Chairman Robin Taylor called the Judiciary Committee meeting                 
  to order at 1:47 p.m.                                                        
                                                                               
  SENATOR TAYLOR returned  SB 44  (CIVIL LIABILITY FOR  SKIING                 
  ACCIDENTS), sponsored by SENATOR TIM KELLY, to committee and                 
  announced the meeting  was on teleconference.  He  said MARC                 
  BOND, was going to testify off-net from British Columbia.                    
                                                                               
  MR. BOND identified  himself as  counsel for Alyeska  Resort                 
  and legal counsel for the National Ski Patrol.   He had been                 
  asked to respond  to the proposed amendments  submitted, and                 
  he  had a  set of  8 proposed amendments  to present  to the                 
  committee.  He  explained he could  respond at this time  or                 
  when convenient.                                                             
                                                                               
  SENATOR  TAYLOR explained he did  not have a full committee,                 
  but he could take testimony for the record.  MR. BOND chose,                 
  instead, to defer his testimony to respond to the amendments                 
  and let others testify.                                                      
                                                                               
  SENATOR  TAYLOR  presented  8  amendments  defined as  Ford,                 
  3/3/93 and an  addition amendment, Amendment #9,  defined as                 
  Ford,  3/5/93.    SENATOR  TAYLOR  calculated  21 amendments                 
  currently before the committee.                                              
                                                                               
                                                                               
  MR. BOND  said his  list of  8 amendments  were proposed  by                 
  DENNIS MESTAS, and he gave his fax number to SENATOR TAYLOR,                 
  who offered to send the remainder  of the amendments to him.                 
  MR. BOND was invited to remain on the teleconference network                 
  for the remainder of the meeting to hear BRUCE RIZER and RON                 
  SWANSON.                                                                     
                                                                               
  MR.  RIZER requested a  copy of the  remaining 21 amendments                 
  for the Anchorage teleconference site.                                       
                                                                               
  Number 95                                                                    
                                                                               
  MR. RIZER identified  himself as  a 24 year  resident and  a                 
  commercial fisherman  for the  last 22  years.   He reviewed                 
  past history on the inherent risk of skiing bill concept and                 
  claimed the bill this year was being supported in a polished                 
  campaign  to  convince the  legislators  to pass  the "self-                 
  interest legislation."   He criticized  the support for  the                 
  bill  which,  he  said,  went  from  increasing  tourism  to                 
  attracting investment monies  into Alaska on the  promise of                 
  bringing  the inherent  risk of skiing  laws into  line with                 
  other states.                                                                
                                                                               
  MR. RIZER quoted lawyers for Seibu as wanting to stop skiers                 
  from bringing suit  by using  summary judgement provided  in                 
  this  bill as a device to decide  if inherent risk of skiing                 
  was at fault or the area operators were negligent.                           
                                                                               
  MR. RIZER quoted MR. HEISER, Director of Mountain Operations                 
  at the  Alyeska Resort,  as  complaining that  Seibu and  to                 
  spend  $150,000 to  $175,000 in  legal fees within  the last                 
  couple of years, along with  insurance costs which had risen                 
  from 6 to 10%  of operating costs.  MR. RIZER  claimed Seibu                 
  never explained the reason for the  legal fees or broke down                 
  the cost of the insurance for  the various components of the                 
  resort.                                                                      
                                                                               
  MR. RIZER explained  that Seibu, while bragging  about their                 
  unenviable safety record, grossed over $7 million last year,                 
  but said  they could not afford the  legal fees.  He accused                 
  Seibu of being the driving force behind SB 44, and he quoted                 
  SENATOR KELLY as testifying  that with this bill  in effect,                 
  the RIZER tragedy would not have occurred.                                   
                                                                               
  MR.  RIZER  claimed the  legislation  would put  all  of the                 
  burden on the skiers,  in the sense  that all skiers -  even                 
  children, beginners, and  foreign tourists - should  be able                 
  to assess these broad, and sometimes  hidden risks.  He said                 
  the area operators depended on signs and warnings of certain                 
  conditions to absolve them of negligence.  MR. RIZER said he                 
  was shocked at the attitude of  Seibu's upper management and                 
  legal advisor.                                                               
                                                                               
                                                                               
  MR. RIZER explained  his son, BART,  died because he  became                 
  trapped on an  open run in the  middle of the bowl  in deep,                 
  bottomless  snow in a  pocket containing  a waterfall  and a                 
  stream bed.  He  thought if SB 44 had been  in effect, Seibu                 
  could have been successful in having  the case thrown out of                 
  court by summary  judgement, because stream beds  are listed                 
  as an inherent risk.                                                         
                                                                               
  Number 154                                                                   
                                                                               
  MR. RIZER said  he had been told  by Seibu that in  order to                 
  get  information on  the  investigations  or procedures,  he                 
  would  have to go to court.   He reviewed what he considered                 
  to be  insensitive testimony from the attorneys for Seibu on                 
  his child's death.  He thought their attitude was consistent                 
  with the bill, and he claimed Alyeska was way over its quota                 
  of skiing deaths.                                                            
                                                                               
  MR.  RIZER  said  his  information  was  all  based  on  his                 
  experience and his wish  to have something good come  out of                 
  his son's  tragedy.   He said  they had  only  been able  to                 
  donate his son's  corneas, and  he lamented the  insensitive                 
  treatment he felt they  had received from the attorneys  for                 
  Seibu.                                                                       
                                                                               
  MR, RIZER reminded  the committee of  Rule 82 in Alaska  law                 
  that basically  states that  if you bring  a frivolous  suit                 
  against a party, and are not  successful, you are liable for                 
  all of the defense costs,  and he thought this was a  strong                 
  deterrent against frivolous lawsuits.                                        
                                                                               
  Number 227                                                                   
                                                                               
  MR. RIZER quoted  the Supreme  Court findings that  Alaska's                 
  current inherent risk of skiing statute  is fair to both the                 
  skier and  the ski area operator.  He  asked if it was right                 
  for  the  legislature  to  be  lobbied  by  a  self-interest                 
  industry to   try to  change a law  that only last  year was                 
  declared fair by  the Supreme Court.   He concluded with  an                 
  impassioned plea to the Judiciary Committee to kill SB 44.                   
                                                                               
  SENATOR LITTLE  thanked MR.  RIZER for  his involvement  and                 
  expressed condolences to he and his family.                                  
                                                                               
  SENATOR  JACKO asked MR. RIZER about the industry average of                 
  one  death in  one  million as  to whether  it was  a United                 
  States average or  international.   MR. RIZER explained  the                 
  figure was compiled by the  State of Colorado pertaining  to                 
  their skiing industry there which has over 11 million  skier                 
  visits  per  year,  and  he   said  the  statistics  weren't                 
  comparable to the number of skiers in Alaska.                                
                                                                               
  SENATOR JACKO asked  for the  number of skiers  per year  at                 
  Alyeska, and MR.  RIZER was only able to give an estimate of                 
                                                                               
                                                                               
  43,000  which included the tourist  season, and not just the                 
  skiing season.   He said  Alyeska was not  very accurate  in                 
  their figures.                                                               
                                                                               
  Next in  Anchorage, SENATOR  TAYLOR called  on RON  SWANSON,                 
  Director  for  the  Division  of  Lands,  who  said  he  was                 
  available to answer questions.                                               
                                                                               
  SENATOR TAYLOR said  he had seen  an amendment to place  the                 
  Department of Natural Resources in the position of reviewing                 
  plans and  asked MR. SWANSON if  he was going to  testify on                 
  that amendment.  MR. SWANSON had not seen the amendment.                     
                                                                               
  SENATOR TAYLOR  described Amendments  #10, #11,  and #12  as                 
  proposed by the Department  of Natural Resources,  beginning                 
  with Amendment #10 with  changes on page 5, line 7 to delete                 
  "public safety" and insert "natural resources."  This evoked                 
  a response from RAGA ELIM, Special Assistant to COMMISSIONER                 
  OLDS in the Department of Natural Resources.                                 
                                                                               
  Number 289                                                                   
                                                                               
  MR. ELIM explained he had worked with SENATOR TAYLOR'S staff                 
  as well as  the Department of  Public Safety to prepare  the                 
  amendment.    He  also explained  it  would  consolidate the                 
  review of the operational plans, which would be submitted by                 
  the ski operators,  because Alyeska  is on state  land.   He                 
  further  explained  the  amendment  was   initiated  by  the                 
  Department of Public Safety, and they were doing the present                 
  review as a matter of default rather than design.                            
                                                                               
  MR. ELIM said the  Department of Natural Resources would  be                 
  getting into the ski business with  the opening of other ski                 
  areas  on  state land  at Hatcher  Pass  and Girdwood.   The                 
  federal  government   would  retain   authority  to   review                 
  operational plans on U.S. Forest Service lands, however.                     
                                                                               
  SENATOR TAYLOR asked  if there was anyone  with knowledge or                 
  expertise  in  this  area,  and  MR.  ELIM deferred  to  MR.                 
  SWANSON.                                                                     
  MR.  SWANSON  described  training  sessions  by  the  Forest                 
  Service concerning the operation of  ski slopes in this year                 
  of transition between the U.S. Forest  Service and the State                 
  of Alaska.                                                                   
                                                                               
  SENATOR TAYLOR inquired  as to who does the investigation of                 
  accidents or follow-up on the ski  plans, and he noted plans                 
  had been submitted from Alyeska and Eaglecrest.                              
                                                                               
  MR. SWANSON explained  that each  individual ski plan  would                 
  have  the  accident  information  in it,  and  the  type  of                 
  accident would determine  the person, or persons,  doing the                 
  investigation.                                                               
                                                                               
                                                                               
  Number 325                                                                   
                                                                               
  SENATOR TAYLOR wanted some further information on who checks                 
  on the accidents at this time, and MR. SWANSON said it would                 
  be the Department of Public Safety when a life is involved.                  
                                                                               
  SENATOR TAYLOR asked who it would be when it is other than a                 
  fatality, and MR. SWANSON said, if SB 44 is passed, it would                 
  depend on the activities.                                                    
                                                                               
  MR. RIZER offered to give some details from their situation,                 
  and SENATOR  TAYLOR gave  permission.   MR. RIZER  explained                 
  STATE TROOPER MICHAEL  OPALKA came down to  investigate, but                 
  he wasn't a skier so he had to  be taken to the scene by MR.                 
  HEISER  and  MICHAEL  GRANDINETTI,  who  also seemed  to  be                 
  involved  in  the investigation.   MR.  RIZER said  the U.S.                 
  Forest Service did  not investigate  because they said  they                 
  were not asked to do so.                                                     
                                                                               
  SENATOR TAYLOR  pushed for  more information,  and MR.  ELIM                 
  explained  the operational  plan  contained procedures  that                 
  must  be  in  the  plan.     MR.  ELIM  suggested  a  rescue                 
  investigation follow-up also be included in  the operational                 
  plan,  which  would  then  be   reviewed  by  Department  of                 
  Resources or  Public Safety  to insure  compliance with  the                 
  plan.                                                                        
                                                                               
  Number 365                                                                   
                                                                               
  SENATOR TAYLOR asked whether it depended upon whose land the                 
  accident  happened as  to follow-up, and  MR. ELIM  said, at                 
  present, the Department  of Public Safety is  reviewing some                 
  of these plans for the federal government.  He explained the                 
  new relationship with  Alyeska as the  land was selected  by                 
  the state and ownership passes to Alaska.                                    
                                                                               
  SENATOR  TAYLOR  opened the  meeting  to testimony  from the                 
  audience and called on DAVID LOWE.                                           
                                                                               
  MR.  LOWE  identified  himself as  an  outdoorsman,  an avid                 
  skier, a ski instructor,   a ski mountaineering advisor  for                 
  the National  Ski Patrol,  a mountaineering  ranger for  the                 
  National Park Service in the Grand  Teton National Park, who                 
  has  been involved in about 30  search and rescue operations                 
  per year.   He  participated in  the rescue  of climbers  in                 
  Denali  Park,  and he  had  used  all of  his  background to                 
  formulate   his  awareness   of  hazards   in  the   outdoor                 
  experience.                                                                  
                                                                               
  MR. LOWE also drew on his experience to claim that more than                 
  90% of the deaths he had seen were  preventable.  He accused                 
  society of thinking the risks can  not be controlled and are                 
  part  of the inherent risk.   He claimed  SB 44 continues to                 
  reinforce  the  idea that  nothing  can  be  done about  the                 
                                                                               
                                                                               
  inherent risks of skiing; therefore, the ski areas should be                 
  held blameless  in the event  of an injury  to a skier.   He                 
  outlined the preventative  aspects of  reducing the risk  of                 
  skiing,  and  he  praised  the  encouragement  that children                 
  receive in learning to ski.                                                  
                                                                               
  Number 426                                                                   
                                                                               
  MR. LOWE thought SB 44 leaned too much towards absolving the                 
  ski areas of any responsibility  and became special interest                 
  legislation, giving  more protection  to the  ski areas  and                 
  less  to  the  public.    He  used  the  recent  tragedy  to                 
  illustrate  his  point of  how  safety is  being  ignored to                 
  protect commercial interests,  and he described the  weather                 
  conditions the day  of BART RIZER'S death  in the bottomless                 
  powder snow.  He  also described the lack  of care given  by                 
  Alyeska to  the  incident  when  it was  discovered  he  was                 
  missing.  He explained how the death of  the RIZER boy could                 
  have been avoided with  better procedures and communication.                 
                                                                               
                                                                               
  MR. LOWE explained how the RIZERS were using the energy from                 
  their grief to work  towards making the slopes safe  for all                 
  children  and  how  Alyeska   was  stonewalling  behind  the                 
  corporate veil to  avoid any  perception of  liability.   He                 
  questioned the concern by Alyeska for the general public and                 
  suggested they should  have taken a more  proactive approach                 
  in  discussing  the  accident with  the  Alyeska  staff, ski                 
  patrol,  and with  interested  members of  the  public.   He                 
  claimed  there had been  no voluntary  change by  Alyeska to                 
  accept  any  admission of  liability,  and he  discussed the                 
  proactive approach as being a better way of dealing with the                 
  tragedy.                                                                     
                                                                               
  Number 486                                                                   
                                                                               
  MR. LOWE said Alyeska needed to learn something from Johnson                 
  & Johnson in  the tylenol  scare some years  ago, at a  time                 
  when  Alyeska  should  be  subjecting  itself to  a  serious                 
  introspective review of health,  safety, and public relation                 
  policy, rather  than  asking  for  further  protection  from                 
  liability.                                                                   
                                                                               
  MR. LOWE  urged the  committee not  to pass  SB 44  since it                 
  would only encourage further neglect of important health and                 
  safety issues that  should be addressed by Alyeska and other                 
  ski areas within  the state.   He questioned  why a  special                 
  interest  group should  receive additional  protection, when                 
  they had previously shown a tendency to evade responsibility                 
  for  their actions.    He thought  additional  ski areas  in                 
  Alaska should be  welcomed, but the legislature  should also                 
  send  a  message that  health and  safety of  Alaskans comes                 
  before corporate profit.                                                     
                                                                               
                                                                               
  Number 512                                                                   
                                                                               
  SENATOR TAYLOR questioned MR. LOWE about his  length of time                 
  in skiing activities, and  MR. LOWE said he been  active for                 
  about 40 years.  SENATOR TAYLOR asked him about accidents he                 
  had seen.  MR. LOWE explained he had seen many of  them, and                 
  he described the injuries he had received skiing.                            
                                                                               
  SENATOR TAYLOR  asked him  if he  had ever  sued anyone  and                 
  whether he  had ever  testified in  a ski  suit.   MR.  LOWE                 
  answered "no" to both questions.   SENATOR TAYLOR questioned                 
  him closely as to any involvement by MR. LOWE in a ski suit,                 
  and he always said no.                                                       
                                                                               
  MR. LOWE explained accidents were fairly  easy to avoid if a                 
  proactive  approach is taken,  do careful documentation, and                 
  check  all of  the  nooks and  crannies  before closing  the                 
  mountain.  He also explained those  procedures can be put in                 
  place to prevent suits.                                                      
                                                                               
  SENATOR TAYLOR questioned MR.  LOWE as to how many  years he                 
  had spent in  the ski patrol, and MR. LOWE  answered about 3                 
  years total here in Alaska - mostly at Alpine Glow.                          
                                                                               
  SENATOR TAYLOR next invited PATTY RIZER to testify.                          
                                                                               
  Number 530                                                                   
                                                                               
  MRS. RIZER identified  herself as coming to  Alaska in 1969,                 
  has taught at the University of Alaska for 21 years, and has                 
  no special interest in the bill since she is not a skier any                 
  more.  She  stipulated that SB 44 had nothing to do with her                 
  pending  lawsuit  because of  the  death  of her  son.   She                 
  thanked SENATOR TAYLOR for allowing her to testify on SB 44.                 
                                                                               
                                                                               
  MRS. RIZER expressed her belief that  SB 44 goes against the                 
  will of the  Alaskan people, and she  recalled a proposition                 
  several years ago that talked about proportionate fault.  At                 
  that  time,  she said,  an  overwhelming number  of Alaskans                 
  voiced  support  for  individual  responsibility,  but   she                 
  characterized SB 44 as being narrow minded in self interest.                 
                                                                               
                                                                               
  MRS.  RIZER  outlined the  background  of  SB  44, which  is                 
  similar to  one introduced  last year,  and she quoted  MARC                 
  BOND as urging political support for the new bill, SB 44, to                 
  ask legislative candidates how they  stood on the bill,  and                 
  to  contribute  to  their campaigns  if  they  supported the                 
  concept.                                                                     
                                                                               
  MRS. RIZER said  this left her  feeling cynical, because  it                 
  seemed  everyone wanted  immunity  from their  consequences,                 
  their negligence,  and their  recklessness.   She named  the                 
                                                                               
                                                                               
  business interests that  supported this legislated  immunity                 
  from  responsibility and characterized  the tort  law, which                 
  directs business  to  behave safely,  as  a type  of  social                 
  insurance.                                                                   
                                                                               
  MRS. RIZER  explained there had  been a concerted  effort to                 
  change tort law to protect their  profits, and she suggested                 
  Seibu was involved in the  ski operator immunity amendments.                 
  She admitted to  a strong opinion and explained  the trigger                 
  for  her  was  the  deception   used  by  manufacturers  and                 
  insurance companies to  convince the  public that our  legal                 
  system and laws need a major overhaul.                                       
                                                                               
  MRS.  RIZER addressed  the sponsorship  of SB 44  by SENATOR                 
  KELLY and went  point by point  as to his opinion  beginning                 
  with "trying to  strike a balance between  protecting skiers                 
  and ski area  operators."  To make her point,  she read from                 
  both  the bill  and the  statute  and summarize  the Supreme                 
  Court's   finding    as  "an   area  operator  needs  to  be                 
  responsible just as any landowner would be."                                 
                                                                               
  TAPE 93-26, SIDE B                                                           
  Number 001                                                                   
                                                                               
  MRS. RIZER quoted the  Supreme Court on the  Hiibschman Case                 
  as confirming the skier  has inherent risks and so  does the                 
  area operator.   She felt  the inherent risk  of skiing  was                 
  adequately covered in  present law,  and she quoted  SENATOR                 
  KELLY  as saying SB  44 does not absolve  the ski areas from                 
  negligence.                                                                  
                                                                               
  MRS. RIZER  spoke of the difficulty in finding legal counsel                 
  to take their  case, while  spending $50,000 to  try to  get                 
  answers from Seibu, and being unable to find out what really                 
  happened.  She claimed they were  forbidden to talk to Seibu                 
  employees.  MRS. RIZER said she had not received a trooper's                 
  report or a death certificate.                                               
                                                                               
  MRS. RIZER quoted SENATOR KELLY as saying ski area operators                 
  must prepare and  obtain approval  from the Commissioner  of                 
  Public Safety or the  managing federal agency for a  plan of                 
  operation.  She said everyone  is responsible all ready, and                 
  she reviewed the agencies in charge of plans.                                
                                                                               
  MRS. RIZER quoted SENATOR KELLY'S  contention the bill would                 
  provide for a  qualified ski patrol  as a reason to  sponsor                 
  the bill, and she said ski  resorts Outside were hiring more                 
  professionals, which is the trend.   She noted the change in                 
  the Ski Patrol manual  over the last 6  years, with most  of                 
  the  safety  procedures  removed and  stripped  of  any good                 
  enforcement sense.                                                           
                                                                               
  MRS.  RIZER also  quoted  SENATOR KELLY  as saying  the bill                 
  would establish and  maintain a tramway signing  system, but                 
                                                                               
                                                                               
  the  Department   of  Transportation  all  ready  has  these                 
  requirements.  SENATOR  KELLY also claimed savings  could be                 
  passed on to skiers in the form of lower lift ticket prices.                 
  She noted  that since  Colorado  put their  similar bill  in                 
  effect,  every resort,  but  three, has  gone  up in  ticket                 
  price, and no state has ever lowered its prices.                             
                                                                               
  MRS.  RIZER quoted SENATOR KELLY as  claiming the bill would                 
  encourage  continuing development of  ski resorts in Alaska,                 
  and she thought  this might be true if the new resorts could                 
  be assured of relief in the  form of summary judgement.  She                 
  didn't  think more skiers  would come to  Alaska because the                 
  ski resorts would have no responsibility to protect them.                    
                                                                               
  With the  passage of SB 44, MRS. RIZER said Seibu intends to                 
  develop the Winter Creek area, and she described the area as                 
  treacherous, dangerous, and avalanche ridden.                                
                                                                               
  MRS. RIZER quoted SENATOR KELLY as claiming Alyeska would be                 
  transformed  into  a  world-class  ski  resort  which  would                 
  attract winter travelers to Alaska from all  over the world,                 
  encourage other  ski operators  to  expand in  Alaska.   She                 
  found it difficult to  compare the numbers coming to  Alaska                 
  with those to Colorado or Utah.                                              
                                                                               
  MRS. RIZER claimed that since  Colorado passed their version                 
  of SB 44, they have had the deadliest ski season since 1986,                 
  three times the deaths from the year before.  She quoted the                 
  ROCKY MOUNTAIN NEWS  as noting their ski  price tickets have                 
  gone  up.    In  the COLORADO  SPRINGS  GAZETTE,  she quoted                 
  another article  stating insurance premiums for  ski resorts                 
  decreased 10%  in the  1989-90 season,  and  6.9% the  year.                 
  Insurance rates were  going down before their  version of SB
  44, and she  melded this statistic  with safety records  not                 
  legislation.                                                                 
                                                                               
  MRS.  RIZER explained the  Anchorage School District decided                 
  not  to  send  their students  down  to  ski if  no  one was                 
  responsible.                                                                 
                                                                               
  MRS. RIZER said  season pass holders  had to sign a  release                 
  indemnification and covenant  that says, in part,  "A season                 
  pass holder hereby releases Alyeska Resort  from any and all                 
  claims arising from, or related to the participation  of the                 
  season pass  holder in  winter activities,  including skiing                 
  and  snowboarding.   Claims  mean  any claim,  liability, or                 
  cause of action  for any kind  for personal injury, loss  of                 
  consortium, property damage  or death, made  against Alyeska                 
  Resort arising  from or related to the  participation of the                 
  season pass holder in winter activities, including skiing or                 
  snowboarding at or  near Alyeska,  whether arising from  the                 
  acts, omissions, or the negligence of  Alyeska Resort or any                 
  other cause."   She thought  it was  incredible that  people                 
  would sign away all of their rights.                                         
                                                                               
                                                                               
  Number 070                                                                   
                                                                               
  SENATOR TAYLOR asked MR. SWANSON,  Manager at Eaglecrest, if                 
  he had people sign a form  as described by MRS. RIZER.   MR.                 
  SWANSON said they  had a  form the season  pass people  sign                 
  saying they are  aware of inherent  risks of skiing, and  he                 
  indicated  it  was a  notification  -  not a  release.   MR.                 
  SWANSON   said  the   notification   also  included   refund                 
  procedures.                                                                  
                                                                               
  SENATOR TAYLOR asked MRS.  RIZER for a copy of  the release,                 
  before inviting her to continue.                                             
                                                                               
  MRS.  RIZER  addressed the  bill,  CS  FOR SENATE  BILL  NO.                 
  44(L&C):                                                                     
                                                                               
       1. page 3 line 13  (b) - delete (as interpreted by  the                 
       Alaska Supreme Court).                                                  
                                                                               
       2. page 3, line 27-30 - delete  portions that attribute                 
       injury to things such as rocks.                                         
                                                                               
       3. page 5, line  1 - wanted answers to  questions about                 
  the  plan.                                                                   
                                                                               
       4. page 7, line 2 - had questions about the signs - saw                 
       a sign with "STOB" on it.                                               
                                                                               
       5. page 8,  line 12 (4) -  suggested deleting "man-                     
       made structures."  Are these inherent risks?                            
                                                                               
       6. page  8, line 22 (4) - many  of the slopes are never                 
       groomed, but always open.                                               
                                                                               
  Number 149                                                                   
                                                                               
       7.  page 9, line 10 (g) -  reference to (e)(5) has been                 
       changed - the  WARNING lacks responsibility by  the ski                 
       resort.                                                                 
                                                                               
       8. page 10, lines 20-22 -  lines contrast with page 12,                 
       line 13, (collision with other skiers).                                 
                                                                               
  SENATOR TAYLOR asked MRS. RIZER for more explanation on this                 
  one, and they discussed the contrast in inherent risk.                       
                                                                               
       9.  page 12, line  4 - problems  with interpretation of                 
       "inherent danger and risk of skiing."                                   
                                                                               
       10. page 11,  line 11-15 (e) -  suggested the inclusion                 
  of   "rebuttable" before "inclusion."   Also, young children                 
       can't read signs and some international visitors  don't                 
       read English.                                                           
                                                                               
                                                                               
       11. page 12, line 9-11 - delete man-made items.                         
                                                                               
  MRS. RIZER concluded her testimony.                                          
                                                                               
  Number 222                                                                   
                                                                               
  SENATOR  KELLY explained that when he  sponsored the bill he                 
  had  no idea of BART  RIZER'S tragedy, and  if the facts are                 
  correct, Alyeska was clearly negligent in that incident.  He                 
  claimed there were provisions in the bill that would help to                 
  make certain his tragedy would not happen again, and he gave                 
  the example  in the bill  of a required  map, a  trained ski                 
  patrol, and additional safety procedures in place.                           
                                                                               
  SENATOR  KELLY claimed there  have been  substantial changes                 
  made to the legislation since the introduction, many  at the                 
  behest  of  the  RIZERS.   He  explained  the anti-liability                 
  language would  be deleted  from all  season passes, and  he                 
  related what was told to Alyeska.                                            
                                                                               
  SENATOR KELLY urged people to amend the bill and to error on                 
  end of safety,  but be certain there  will be a ski  area to                 
  use.   He explained the  ski slopes in  Alaska were  a major                 
  economic  player  and  for the  future  even  more  so.   He                 
  cautioned about destroying an industry  in the state because                 
  of  one  tragedy,  and  he  reminded the  participants  that                 
  Alyeska was operating a lawful business.  He stressed no ski                 
  operator wanted a ski  accident to happen and most  know how                 
  to run a safe operation.                                                     
                                                                               
  SENATOR  KELLY  explained why  he  thought the  operation of                 
  Alyeska would be  improved under the terms of SB  44, and he                 
  asked for some  perspective on  the accident.   He  reviewed                 
  some accidents he considered the fault  of the skier, and he                 
  asked for a balance in amending the bill.                                    
                                                                               
  SENATOR KELLY said  he hoped  the RIZER'S involvement  would                 
  result in  a stronger bill that could be  used by all of the                 
  ski resort operators.                                                        
                                                                               
  SENATOR  LITTLE  questioned  the  season  pass  waiver,  and                 
  SENATOR KELLY said there was a  proposed amendment to remove                 
  the waiver language.                                                         
                                                                               
  SENATOR  TAYLOR  share  SENATOR KELLY  'S  concerns  about a                 
  balanced bill so  the facilities can remain  open, grow, and                 
  develop.  He thanked the staff  from Eaglecrest who had come                 
  to support the bill, and indicated they had never been sued.                 
  He hoped that  one tragic loss  would not become a  torrent,                 
  and he was  going to asked  his staff to research  insurance                 
  costs.                                                                       
                                                                               
  Number 331                                                                   
                                                                               
                                                                               
  SENATOR KELLY enumerated the costs of  insurance, attorneys,                 
  settling costs, and medical costs if a suit is settled.   He                 
  described Seibu as a world-wide corporation, and  Eaglecrest                 
  as a Juneau cooperative, but he claimed it is a larger issue                 
  than just Seibu.  He described the wide range of support for                 
  the bill, not only ski resorts, but various  municipalities.                 
  He  explained that Anchorage has asked  for an exemption for                 
  their  small rope tow  at Russian Jack  Springs because they                 
  can't afford all that is required in the bill.                               
                                                                               
  SENATOR KELLY thought  more investigation  would have to  be                 
  made on the claims  of death in Colorado to  understand what                 
  had  happened  there  as  to   weather,  usage  level,  snow                 
  conditions,  and related  details.   He  expressed assurance                 
  that the legislation would  make for safer skiing  and fewer                 
  accidents.                                                                   
                                                                               
  SENATOR HALFORD referred to the  Hiibschman case, and asked,                 
  prior to that case, if SENATOR  KELLY was satisfied with the                 
  existing statute on inherent risks of skiing.  SENATOR KELLY                 
  said he was not aware at  that time of the existing statute,                 
  or the Hiibschman case until January of 1993.                                
                                                                               
  SENATOR HALFORD thought  the legislation did more  than just                 
  addressing the case, and he reviewed what he  considered the                 
  negative aspects of the Hiibschman case.  He would prefer to                 
  address the finding by the Supreme Court rather than SB 44.                  
                                                                               
  SENATOR TAYLOR  kept the  bill over  time to  allow for  the                 
  testimony as  presented, and  his committee  members had  to                 
  leave for  other meetings.   He  promised the  bill, SB  44,                 
  would be  returned to  committee, and  he apologized  to MR.                 
  BOND for not addressing his amendments.                                      
                                                                               
  There  being  no   further  business  to  come   before  the                 
  committee, the meeting was adjourned at 3:25 p.m.                            

Document Name Date/Time Subjects