Legislature(1997 - 1998)
1998-04-27 House Journal
Full Journal pdf1998-04-27 House Journal Page 3285 HB 12 (d) A municipality may not construct or maintain a municipal skating or cycling facility in a negligent manner. Sec. 05.55.050. Skating and cycling duties and responsibilities. (a) A person who is skating or cycling at a municipal skating or cycling facility (1) is responsible for knowing the range of the person's own ability to negotiate a skating or cycling facility and to recreate within the limits of the person's ability; in the case of a minor, the minor's parent or legal guardian is responsible for determining whether the minor satisfies the requirements of this paragraph; (2) is responsible for an injury to a person or property resulting from an inherent danger and risk of the activity, except that a person is not precluded under this chapter from suing another person for an injury to person or property resulting from the other person's acts or omissions; notwithstanding any other provision of law, the risk of collision with another person is not an inherent danger or risk of using a skating or cycling facility in an action by one user of the facility against another; (3) has the duty to (A) maintain control of the person's speed and course at all times when using the facility and to maintain a proper lookout so as to be able to avoid other persons, objects, and debris; however, a person on a downhill slope has a primary duty to avoid collision with a person or object below the person; (B) perform a visual inspection of the facility before each use; (C) ensure that all areas of the facility the person intends to use are free and clear of natural or manmade debris that would interfere with the person's use of the facility; (D) heed all posted information and other warnings and to refrain from acting in a manner that may cause or contribute to the injury of the person; evidence that signs as required by AS 05.55.040 or as required by consistent local laws were present, visible, and readable at the beginning of a given day creates the presumption that a person using the facility on that day has seen and understood the sign; and (4) may not use a skating or cycling facility 1998-04-27 House Journal Page 3286 HB 12 (A) while the person's ability is impaired by the influence of alcohol or a controlled substance as defined in AS 11.71.900 or other drugs; (B) if the person does not have sufficient physical dexterity or ability and knowledge to negotiate or use the facility safely; in the case of a minor who uses a municipal skating or cycling facility, the minor's parent or legal guardian is responsible for determining whether the minor satisfies the requirements of this paragraph; (C) if the person is not wearing knee pads, elbow pads, shoes, and a helmet at all times. (b) A person may not skateboard or cycle at a municipal skating or cycling facility if the facility has been posted as "closed." Sec. 05.55.060. Competition: immunity for municipality operating a skating or cycling facility. (a) A municipality shall, before beginning recreational competition at a municipal skating or cycling facility, allow an athlete who will participate in the competition a reasonable visual inspection of the course or area where the competition is to be held. (b) A person in competition at a municipal skating or cycling facility assumes the risk of all course or area conditions, course construction or layout, and obstacles that a visual inspection would have revealed. A municipality is not liable for injury to a person who competed at a municipal skating or cycling facility operated by the municipality and who is injured as a result of a risk described in this subsection. Sec. 05.55.100. Definitions. In this chapter, (1) "inherent dangers and risks of the activity" means a danger or condition that is an integral part of the activity, including collisions with man-made objects; impact with ramps, signs, posts, fences, or enclosures, or other man-made structures and their components; variations in slope and steepness; collisions with other persons; and the failure of a person to perform the activity within their own abilities; the term "inherent dangers and risks of the activity" does not include the negligence of a municipality that is responsible for a municipal facility; (2) "injury" means property damage, personal injury, or death; 1998-04-27 House Journal Page 3287 HB 12 (3) "skating or cycling" means skateboarding, cycling, coasting, roller-skating, or in-line skating or a combination of those activities." Renumber the following bill sections accordingly. Representative Davies moved and asked unanimous consent that Amendment No. 2 be adopted. There being no objection, it was so ordered and the new title appears below: CS FOR HOUSE BILL NO. 12(FIN) am "An Act relating to civil liability for commercial recreational activities and certain skating and cycling activities; and providing for an effective date." The following members moved and asked unanimous consent that they be allowed to abstain from voting due to a conflict of interest: Representative Ogan Representative Masek Representative Barnes Objection was heard, and the members were required to vote. The question being: "Shall CSHB 12(FIN) am pass the House?" The roll was taken with the following result: CSHB 12(FIN) am Third Reading Final Passage YEAS: 32 NAYS: 4 EXCUSED: 4 ABSENT: 0 Yeas: Austerman, Bunde, Cowdery, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hodgins, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kookesh, Kott, Martin, Masek, Mulder, Nicholia, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Williams Nays: Barnes, Berkowitz, Croft, Kubina 1998-04-27 House Journal Page 3288 HB 12 Excused: Brice, Hanley, Moses, Vezey And so, CSHB 12(FIN) am passed the House. Representative Porter moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. Representative Berkowitz gave notice of reconsideration of his vote on CSHB 12(FIN) am.