03/05/1997 01:40 PM House FIN

  HOUSE BILL 30                                                                
                                                                               
       "An Act  relating to civil liability for skateboarding;                 
       and providing for an effective date."                                   
                                                                               
  TIMOTHY  SULLIVAN JR.,  STAFF,  REPRESENTATIVE ELDON  MULDER                 
  explained  that  the  Municipality of  Anchorage,  City  and                 
  Borough of  Juneau and  several  other municipalities  would                 
  like to create skateboard parks so skateboarders will have a                 
  place  to ride, rather  than using other  areas designed for                 
  pedestrians.   The  municipalities are  willing  to  develop                 
  areas  suitable  for  skateboard  riding   if  they  can  be                 
  insulated  from liability  for  claims arising  from hazards                 
  inherent in skateboarding.                                                   
                                                                               
  The intent of HB 30 would be to encourage the municipalities                 
  to proceed with development of  areas for outdoor recreation                 
  without increasing their liability unnecessarily.   The bill                 
  would apply only to municipal skateboard parks.                              
                                                                               
  Mr. Sullivan added  that the legislation is  patterned after                 
  legislation  passed  providing  limited  protection  to  ski                 
  areas.  The  protection from  liability relates to  inherent                 
  dangers and  risks of  skateboarding.   The municipality  is                 
  required to post signs warning that there are inherent risks                 
  to skateboarding and the liability would  then rest with the                 
                                                                               
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  skateboarder.                                                                
                                                                               
  Representative   J.  Davies   questioned  benefits   to  the                 
  municipalities.   Mr. Sullivan stated that it  would be cost                 
  prohibitive to  create these areas without  the legislation.                 
  Letters  have  been  included  in  the packet  from  various                 
  municipalities indicating support for the legislation.                       
                                                                               
  Representative Mulder  spoke to  the work draft  on Page  5,                 
  Lines  6  &  7,  indicating  language  added  in  the  House                 
  Judiciary Committee  clarifying that  the legislation  would                 
  not  provide  a  "blanket"  shield  to the  municipality  or                 
  borough who constructs it, although, it would provide for  a                 
  limited amount of protection.                                                
                                                                               
  IAN FULP,  (TESTIFIED VIA  TELECONFERENCE), DIRECTOR,  PARKS                 
  AND RECREATION, CITY OF KODIAK, KODIAK, spoke in  support of                 
  the legislation.   He stated that  the bill would provide  a                 
  place to skateboard and would then provide better management                 
  of  the sport.  He asked if a supervisor were present, would                 
  the municipality be more liable  if there were an  accident.                 
  Representative Mulder suggested that it  would depend on the                 
  function of that supervisor.                                                 
                                                                               
  Committee  members   discussed  "inherent   risk"  and   the                 
  responsibilities   of   the   municipalities  and   boroughs                 
  regarding that concern.                                                      
                                                                               
  Co-Chair  Hanley MOVED  that work  draft  #0-LS0192\K, Ford,                 
  3/5/97, CS HB 30 (FIN), be the version before the Committee.                 
  There being NO OBJECTION, it was adopted.                                    
                                                                               
  Representative  J.  Davies  noted  for  the record  that  he                 
  supports the  legislation, although,  recognized that  there                 
  exists some grey areas.                                                      
                                                                               
  KEVIN SMITH, ALASKA MUNICIPAL LEAGUE (AML),  JOINT INSURANCE                 
  ASSOCIATION,  JUNEAU,   testified  that  AML   supports  the                 
  legislation.  The AML Joint Insurance Association  is a pool                 
  formed by Alaska  Statute, and created for  local government                 
  entities,   specifically   the  municipalities   and  school                 
  districts.   He noted that it has been the experience of his                 
  group  that  municipalities,  in general,  are  reluctant to                 
  become involved with  that type of activity.   Skateboarding                 
  in particular has  been a  common exclusion throughout  most                 
  insurance   league   industry.       The   Joint   Insurance                 
  Association's Trustee Board is willing to drop the exclusion                 
  with passage of HB 30.                                                       
                                                                               
  (Tape Change HFC 97-47, Side 1).                                             
                                                                               
  Representative Kohring MOVED to report CS HB 30 (FIN) out of                 
                                                                               
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  Committee  with  individual  recommendations  and  with  the                 
  accompanying fiscal notes.  There being NO OBJECTION, it was                 
  so ordered.                                                                  
                                                                               
  CS HB  30 (FIN)  was reported  out of  Committee with a  "do                 
  pass" recommendation and  with two zero fiscal  notes by the                 
  Legislature dated 1/31/97 and the  Alaska Court System dated                 
  1/31/97.