04/08/1997 01:43 PM Senate L&C

            HB  30 CIVIL LIABILITY FOR SKATEBOARDING                          
  CHAIRMAN LEMAN announced  HB 30  to be up for consideration.                
                                                                               
  MR. TIM SULLIVAN,  Staff to Representative Eldon Mulder, sponsor,            
 said HB 30 was requested by the Municipality of Anchorage. They and           
 several other municipalities would like to create skating and                 
 cycling parks so skaters and cyclers will have a place to ride                
 rather than using areas designed for pedestrians.  The                        
 municipalities are willing to develop these areas if they can be              
 insulated from liability for claims arising from claims inherent in           
 skating and cycling.                                                          
                                                                               
 MR. SULLIVAN said the intent of HB 30 is to encourage                         
 municipalities to proceed with development of various outdoor                 
 recreation without increasing their liability unnecessarily.  This            
 bill applies only to municipal skating and cycling parks.  It is              
 patterned after legislation passed providing this limited                     
 protection to ski areas.  This protection from liability relates to           
 inherent dangers and risks of skating and cycling.  Municipalities            
 are required to post signs warning of the inherent risks and that             
 the liability rests with the skater and cycler.                               
                                                                               
 SENATOR KELLY informed the committee that the sponsor came to him             
 with two amendments.  Number 1 on page 1, line 8 after "skating"              
 would delete "and" and insert "or".  Amendment number 2 on page 4,            
 line 31 would insert a new paragraph to read the facility "does not           
 include a trail used for skating or cycling."  In other words there           
 was some concern that the current definition or lack of definition            
 of facility would require the municipality of Anchorage and other             
 areas to put warning signs up on trails, like the Tony Knowles                
 Coastal Trail.                                                                
                                                                               
 SENATOR MACKIE clarified that this amendment referred to only those           
 facilities that are built specifically for that.  MR. SULLIVAN                
 agreed.                                                                       
                                                                               
 SENATOR KELLY moved to adopt amendment 1.  There were no objections           
 and it was so ordered.                                                        
                                                                               
 SENATOR KELLY moved to adopt amendment 2.  There were no objections           
 and it was so ordered.                                                        
                                                                               
 Number 460                                                                    
                                                                               
 MR. SULLIVAN said there was another amendment, number 3, that they            
 support.  He said that several municipalities including Valdez,               
 Petersburg, Sitka, and Seward expressed the idea that they should             
 have the ability to determine what is needed to separate the                  
 facility from conflicting uses or hazardous conditions in this                
 situation.  On page 3, line 9 it would delete "with fencing or                
 another type of enclosing or surrounding structures."                         
                                                                               
 SENATOR MACKIE moved to adopt amendment 3.  There were no                     
 objections and it was so ordered.                                             
                                                                               
 SENATOR MACKIE asked if there was a number of municipalities                  
 looking at this now.  MR. SULLIVAN said there were letters of                 
 support from a number of municipalities, including Anchorage,                 
 Kodiak, Kenai, Juneau, and Fairbanks.                                         
                                                                               
 SENATOR MACKIE asked to what degree was the liability a deterrent             
 to building the parks.  MR. SULLIVAN said he would prefer the AML             
 address that issue.                                                           
                                                                               
  MR. JAY SAUNDER AND MELISSA WALKER,  representing the Juneau Skate           
 Park Committee, testified before the committee.  MR. SAUNDER said             
 that it is very difficult and expensive to have someone to cover              
 the insurance of a skate park and this bill would greatly increase            
 the chances of a skate park happening for a large population of               
 youth skaters in Juneau.                                                      
                                                                               
 SENATOR MACKIE asked them if they knew if they go to this park and            
 are doing flips or whatever and break their arm, are they willing             
 to accept that responsibility or should their parents be allowed to           
 sue the CBJ.  MR. SAUNDERS replied that they understand and feel              
 that parents shouldn't be able to sue.                                        
                                                                               
  MR. KEVIN RITCHIE,  Alaska Municipal League, said they look at this          
 as another opportunity to provide services for our youth.  The                
 frustrating thing now is that kids can get hurt and in most cases             
 wouldn't have anyone to sue.  Municipalities are not barred from              
 doing this, but there is a big financial incentive for not putting            
 together a skateboard park because, even though it's safer, there's           
 a much greater risk of loss to the municipal government.  This bill           
 just does what ski areas do which is they say if we're negligent in           
 the ski area and you hurt yourself, it's our fault, but if the ski            
 area is well maintained, there are inherent dangers in skiing that            
 you have to accept.                                                           
                                                                               
 In Juneau there has been some negotiation with kids to use an                 
 approved facility rather than the street.  So it's a lot safer for            
 both pedestrians as well as the kids themselves.                              
                                                                               
 SENATOR KELLY asked if there was an approved facility in Juneau               
 now.  MR. RITCHIE replied that these young adults are currently               
 working on developing that facility.                                          
                                                                               
 SENATOR MACKIE asked what it would cost for insurance now to have             
 a facility.  MR. RITCHIE replied there is a significant difference            
 in the liability.                                                             
                                                                               
  MR. KEVIN SMITH,  Alaska Municipal League Joint Insurance                    
 Association, said the coverage for skateboard parks in general has            
 been excluded from most general liability policies available in the           
 State of Alaska.  Recently the Board of Trustees of JIA discussed             
 this idea and the needs of municipalities to deal with the issue of           
 getting kids off the streets and into some place.  So their                   
 association went ahead and included skateboarding as a covered                
 item.  This is largely in anticipation of passage of the bill and             
 largely just addressing the needs of the members since it's not               
 actually an insurance company per se.                                         
                                                                               
 MR. SMITH said that coverage is almost impossible to get now.  This           
 bill would help coverage become available at whatever cost.                   
                                                                               
  MS. NANCY ROBB,  Valdez Parks and Recreation, said the City of               
 Valdez is very supportive of HB 30 and the amendments that will               
 allow municipalities to delineate the boundaries.                             
                                                                               
 SENATOR KELLY asked if Valdez was currently planning a skateboard             
 park.  She replied that they currently have an in-line hockey rink            
 they constructed last year through some donations and this will               
 assist them with that.  In the past 30 days a number of youth have            
 expressed interest in developing a skateboard park.                           
  MR. BILL MUSSON,  Director, Petersburg Parks and Recreation,                 
 supported HB 30.  He said this issue is becoming increasingly                 
 important in many municipalities around the State in expanding                
 positive recreational opportunities for the youth of communities.             
 He also supported the amendments.                                             
                                                                               
 Number 347                                                                    
  MS. MARNIE ISAACS,  Municipality of Anchorage, said she is also the          
 parent of a skater.  She thanked them for considering this for the            
 kids and that resolutions have been passed by the Anchorage Youth             
 Commission and the Anchorage Assembly, and are currently pending              
 before the Anchorage Chamber and the Downtown Anchorage                       
 Association, in support of this legislation.                                  
                                                                               
 SENATOR MACKIE moved to pass SCSHB 30(L&C) from committee with                
 individual recommendations and $0 fiscal note.  There were no                 
 objections and it was so ordered.