00SENATE CS FOR CS FOR HOUSE BILL NO. 146(L&C)                                                                          
01 "An Act relating to civil liability for commercial recreational activities; and                                         
02 providing for an effective date."                                                                                       
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                               
04    * Section 1.  PURPOSE.  It is the purpose of this Act to establish the responsibilities of                         
05 persons who operate commercial recreational activities and persons who participate in those                             
06 recreational activities and to decrease uncertainty regarding the legal responsibility for injuries                     
07 that result from participation in commercial recreational activities.  It is also the purpose of                        
08 this Act to encourage the continued availability of businesses that offer commercial                                    
09 recreational activities to the public.                                                                                  
10    * Sec. 2.  AS 05 is amended by adding a new chapter to read:                                                       
11 Chapter 50.  Civil Liability for Commercial                                                                            
12 Recreational Activities.                                                                                               
13   Sec. 05.50.010.  Acceptance of inherent risks.  Participation in a commercial                                      
14 recreational activity constitutes acceptance of the inherent risks of the commercial                                    

01 recreational activity that are or should be apparent to an ordinarily prudent person.                                   
02  Sec. 05.50.020.  Contributory negligence.  (a)  A person who accepts an                                             
03 inherent risk of a commercial recreational activity as described in AS 05.50.010 is                                     
04 contributorily negligent to the extent that the inherent risk causes injury, death, or                                  
05 property damage.                                                                                                        
06  (b)  In an action seeking to recover damages for injury or death to a person or                                       
07 harm to property resulting from an inherent risk of a commercial recreational activity,                                 
08 compensatory damages shall be reduced for contributory negligence as provided under                                     
09 AS 09.17.060.                                                                                                           
10  Sec. 05.50.030.  Responsibilities of participants.  A participant in a                                              
11 commercial recreational activity has the responsibility to                                                              
12   (1)  learn about and expressly accept the risks of the activities;                                                   
13   (2)  act within the limits of the person's abilities and as allowed by the                                           
14 person's health;                                                                                                        
15   (3)  heed all warnings regarding participation in the commercial                                                     
16 recreational activity;                                                                                                  
17   (4)  maintain control of the participant's person, a minor under the                                                 
18 control of the participant, and any equipment, devices, or animals the participant is                                   
19 using or that are under the control of the participant;                                                                 
20   (5)  refrain from acting in a manner that may cause or contribute to                                                 
21 injury of the participant or another person.                                                                            
22  Sec. 05.50.040.  Responsibilities of operators of commercial recreational                                            
23 activities.  A person who operates a business that offers a commercial recreational                                    
24 activity shall                                                                                                          
25   (1)  explain to a participant                                                                                        
26   (A)  the fundamental inherent risks of the commercial                                                               
27 recreational activity; and                                                                                              
28   (B)  the skills and equipment required to participate in the                                                        
29 commercial recreational activity that are not apparent to an inexperienced                                              
30 participant;                                                                                                            
31   (2)  require that employees who are responsible for assisting participants                                           

01 in the actual performance of a commercial recreational activity have training in basic                                  
02 first aid and cardiopulmonary resuscitation and explain to those employees how to use                                   
03 emergency medical services available in the area;                                                                       
04   (3)  maintain recreational equipment and facilities in good repair;                                                  
05   (4)  provide trained and competent personnel; and                                                                    
06   (5)  act in a reasonably safe and competent manner.                                                                  
07  Sec. 05.50.050.  Interaction with other laws.  This chapter does not affect the                                     
08 immunity of an owner of unimproved land under AS 09.65.200 or of a ski area                                             
09 operator under AS 05.45.                                                                                                
10  Sec. 05.50.060.  Effect of violations.  A person who operates a business that                                       
11 offers a commercial recreational activity and who violates AS 05.50.040 is negligent                                    
12 and civilly liable to the extent the violation causes injury to a person or damage to                                   
13 property.                                                                                                               
14  Sec. 05.50.100.  Definitions.  In this chapter,                                                                     
15   (1)  "commercial recreational activity" means a recreational activity for                                            
16 which the participants pay compensation;                                                                                
17   (2)  "recreational activity" means an outdoor activity undertaken for the                                            
18 purpose of exercise, education, relaxation, pleasure, sport, or as a hobby.                                             
19     * Sec. 3.  This Act applies to acts or omissions that occur on or after the effective date of                     
20 this Act.                                                                                                               
21    * Sec. 4.  This Act takes effect July 1, 1999.