04/25/2003 01:10 PM Senate JUD

          SB  98-LIABILITY: PLANE AND BOAT PASSENGERS                                                                       
                                                                                                                              
CHAIR RALPH SEEKINS  announced SB 98 to be  up for consideration.                                                             
He noted that  Section 2 deals with the  definition of commercial                                                               
purposes and asked if that means not for hire.                                                                                  
                                                                                                                                
MS.  KAREN MCCARTHY,  staff to  Senator  Bunde, sponsor,  replied                                                               
yes, given federal strictures with  regard to the cost of flights                                                               
and non-commercial boat owners.                                                                                                 
                                                                                                                                
CHAIR SEEKINS asked if there  is a definition in statute anywhere                                                               
of commercial purposes or are they relying on the FAA.                                                                          
                                                                                                                                
MS. MCCARTHY replied  that she didn't know if there  is any other                                                               
definition in statute.                                                                                                          
                                                                                                                                
SENATOR OGAN said page 2, line 30 of the bill says,                                                                             
                                                                                                                                
     The owner  of the  watercraft is  liable for  injury or                                                                    
     damage  caused by  negligent operation  of the  owner's                                                                    
     watercraft where  the negligence consists  of violation                                                                    
     of  state statute  or  neglecting  to observe  ordinary                                                                    
     care.                                                                                                                      
                                                                                                                                
He was concerned that someone  could argue that bootlegging was a                                                               
commercial purpose and, therefore, is not illegal.                                                                              
                                                                                                                                
SENATOR  FRENCH  responded  that   that  would  be  either  gross                                                               
negligence or  reckless or  intentional misconduct  under section                                                               
9.65.112(b)(1)(a).                                                                                                              
                                                                                                                                
CHAIR  SEEKINS said  he didn't  think it  was the  intent of  the                                                               
sponsor  to allow  wrong doers  to be  covered by  limitations of                                                               
liability.                                                                                                                      
                                                                                                                                
1:15 - 1:16 p.m. - at ease                                                                                                      
                                                                                                                                
SENATOR OGAN moved CSSB 98(TRA),  version \H, from committee with                                                               
individual recommendations. There was no  objection and it was so                                                               
ordered.