1999-02-10                     House Journal                      Page 0191
HB 88                                                                        
HOUSE BILL NO. 88 by the House Rules Committee by request of                   
the Governor, entitled:                                                        
                                                                               
"An Act relating to the liability of landowners and others for civil          
damages for certain acts or omissions occurring on land."                      
                                                                               
was read the first time and referred to the Labor & Commerce and               
Judiciary Committees.                                                          
                                                                               
                                                                               
The following fiscal note applies:                                             
                                                                               
Zero fiscal note, Dept. of Natural Resources, 2/10/99                          
                                                                               
                                                                               
The Governor's transmittal letter dated February 8, 1999, appears              
below:                                                                         
                                                                               
"Dear Speaker Porter:                                                          
                                                                               
Land throughout Alaska is used by many people, in various ways  on             
foot, dogsled, skies, snowmobiles or four wheelers, just to name a few.        
Under the Trails and Recreational Access for Alaska (TRAAK)                    
program, my Administration has been working to improve recreational            
access for all types of trail users.  However, private landowners are          
often reluctant to allow the public to use their land because of the           
liability it could present should the use result in injury.  This bill I       
transmit today reduces that risk by providing landowners who allow             
the public to use their developed land limited immunity for civil              
damages for certain acts or omissions.                                         
                                                                               
                                                                               
In order to qualify for the limited immunity under the bill, the               
landowner must grant an easement allowing the public to use the land,          
free of charge, for recreational purposes. The limited immunity is for         
civil damages arising from the use of the easement.  The grant of              
immunity applies to negligent conduct, but not to gross negligence or          
reckless or intentional misconduct by the landowner.  The grant of             
immunity would extend to the grantee of the easement.                          
                                                                               

1999-02-10                     House Journal                      Page 0192
HB 88                                                                        
I urge support of this bill to ensure access to Alaska's land and              
resources.                                                                     
                                                                               
							Sincerely,                                                              
							/s/                                                                     
							Tony Knowles                                                            
							Governor"