Legislature(1993 - 1994)
03/09/1994 01:30 PM House FIN
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* first hearing in first committee of referral
+ teleconferenced
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+ teleconferenced
= bill was previously heard/scheduled
SB 44 An Act relating to civil liability for skiing accidents, operation of ski areas, and duties of ski area operators and skiers; and providing for an effective date. SB 44 was HELD in Committee for further discussion. SENATE BILL 44 "An Act relating to civil liability for skiing accidents, operation of ski areas, and duties of ski area operators and skiers; and providing for an effective date." JOSH FINK, STAFF TO SENATOR TIM KELLY, provided a legislation overview. He stated that the bill would attempt to strike a balance between protecting skiers and ski resort operators by clearly defining the inherent dangers and risks of skiing assumed by the skier, as well as the duties and responsibilities the ski resort operator has to the skiing consumer. 4 He continued that while SB 44 would remove ski resort operators from liability for injuries caused solely by the inherent risks and dangers of skiing, it would not absolve ski operators from negligence or civil liability for violations of provisions outlined in the legislation. PATTI RIZER, (TESTIFIED VIA TELECONFERENCE), PARENT, ANCHORAGE, testified against the legislation for the safety of Alaska's children. She noted that there currently is an inherent risk law in place in the state. Recently, that law was interpreted by the Supreme Court stating that a land owner must act as a responsible land owner and maintain the ski property in a reasonably safe condition by common law duty. She noted her concern with the legislation in determining what would be a "reasonable" risk and responsibilities of the skier. Ms. Rizer added that given the amount of money a person who skies pays at local ski areas, they should be able to assume that there ski operators are acting responsible. She thought the legislation would allow ski resorts to make money while continuing to hire unqualified personnel. BRUCE RIZER, (TESTIFIED VIA TELECONFERENCE), PARENT, ANCHORAGE, testified in opposition to SB 44 providing a brief history of the legislation. He stated that the legislation was introduced shortly after the death of his son at the Alyeska Ski Resort. He thought that the legislation was an attempt to evade the Hiibschamn case, which defines "reasonable" responsibility of ski resort operators, handed down by the Supreme Court. He commented that the legislation would alleviate "shared responsibility" from ski resort operators. FRED ROGERS, (TESTIFIED VIA TELECONFERENCE), DEVELOPMENT COMPANY, SQUAW VALLEY, IDAHO, spoke in support of the legislation. He point out that the legislation would define the liability between the skier and the ski area operators. The information is essential for insurance companies for future economic development projects. ROBERT MOSS, (TESTIFIED VIA TELECONFERENCE), KACHEMAK SKI CLUB, HOMER, testified in support of SB 44 indicating that it would address liability insurance issues. CHRIS MOSS, (TESTIFIED VIA TELECONFERENCE), HOMER, testified in support of the legislation. He stated that the bill adequately addresses the "responsibilities" of the skier and the ski area. DAVID WILSON, (TESTIFIED VIA TELECONFERENCE), ANCHORAGE, 5 testified in support of the legislation and stated that it would encourage economic activity in the State by addressing the strong inherent risk law. He added, SB 44 could eliminate unnecessary litigation. Representative Navarre asked Mr. Wilson to provide the Committee with information in which he indicated the statistics of trial attorneys increasing the number of lawsuits against ski areas. STEVE LEAR, (TESTIFIED VIA TELECONFERENCE), PROFESSIONAL SKI INSTRUCTORS (PSI), ANCHORAGE, spoke in support of SB 44. He stated the legislation supports the responsibility of the users and operators of ski areas and also encourages them to share in the risks and hazards of skiing. MARK BOND, (TESTIFIED VIA TELECONFERENCE), GENERAL COUNSEL FOR THE NATIONAL SKI PATROL, ATTORNEY FOR ALYESKA, SQUAW VALLEY, IDAHO, spoke in support of the legislation. He pointed out that injury rates from skiing have declined over the year due to improved operator safety practices. He pointed out that the expenses of litigation, stating that the way to avoid these costs would be for the Legislature to define the "inherent risks" of skiing and note that ski area's are not liable for them. He pointed out that in Colorado, similar legislation has been effectively implemented. Representative Navarre asked if there has been a growth in claim suits against Alyeska and skiers. Mr. Bond stated that there has been an increase. Representative Martin asked how the legislation would help the skier. Mr. Bond replied that the law would require that a list of the inherent risks and dangers be posted. (Tape Change, HFC 94-54, Side 2). Representative Brown asked if equal protection problems would be increased due to specification of an enforcement mechanism on state lands. Mr. Bond listed the state ski resorts indicating who owned the land which they were located. He added that the Department of Natural Resources (DNR) has requested this legislation and that the Forest Service has the authority to site people for violations as specified in statute. DNR would like to have the same authority. JOHN BEVIS, (TESTIFIED VIA TELECONFERENCE), CHALLENGE ALASKA, ANCHORAGE, spoke in support of the proposed legislation stating that the law would define the responsibility of the skier. 6 DIANA WOODS, (TESTIFIED VIA TELECONFERENCE), ANCHORAGE, spoke in favor of SB 44. She stated that the legislation would protect the interest of skiers and ski operators and added that it could control the cost of skiing due to reduced insurance claims. MIKE STONE, (TESTIFIED VIA TELECONFERENCE), ANCHORAGE ECONOMIC DEVELOPMENT CORPORATION, ANCHORAGE, spoke in support of SB 44, stating that it would be critical legislation for Alaska in order to be competitive with other ski destinations in the United States and Canada. GARY MEDENVIL, BUSINESS MANAGER, EAGLECREST, JUNEAU, urged the Committee to support the legislation adding that the bill addresses the needs of small ski areas. Without the legislation, city owned ski areas such as Eaglecrest could suffer the same fate as the Valdez resort resulting from the Hiibschamn versus Valdez court case. Representative Therriault commented that the bill would provide uniformity of regulations to all state ski areas. PHIL THINGSTAD, (TESTIFIED VIA TELECONFERENCE), ANCHORAGE, spoke in favor of SB 44. He added, that the legislation would define the legal parameters for skiers and ski areas by encouraging future development and goal setting. BOB DAY, (TESTIFIED VIA TELECONFERENCE), ANCHORAGE, spoke in support of the proposed legislation adding that he favors any attempt to define and control the costs of skiing. He pointed out that the bill is fair and would define the responsibility of the operator and the skier. MANO FREY, (TESTIFIED VIA TELECONFERENCE), PRESIDENT, AFL- CIO, ANCHORAGE, stated that the AFL-CIO supports the legislation given the balance it has created for ski operators to be liable for any negligent acts and at the same time defining uniform rules for skiers. TERRY KADEL, (TESTIFIED VIA TELECONFERENCE), ANCHORAGE, spoke in support of SB 44. He stated that the legislation would be good for Alaska as it would define responsibilities between the skier and the operator. He added, that skiing is a sport with inherent risks and skiers need to take ownership of those risks. The legislation would be economically good for Alaska allowing new resorts to open and expand. DAVID SAMS, (TESTIFIED VIA TELECONFERENCE), PRESIDENT OF THE BOARD OF DIRECTORS, ANCHORAGE CHALLENGE PROGRAM, ANCHORAGE, spoke in support of the legislation which would define 7 liability for skiers and operators. DENNIS MINCE, (TESTIFIED VIA TELECONFERENCE), ATTORNEY, ANCHORAGE, spoke in opposition to the legislation. He asked the Committee to consider the precedence established in drafting an exception for a particular business and a special interest. He stated that the legislation is being promoted by SEIBU, a large Japanese corporation. He suggested that each legal situation should be considered in court while given the specific facts regarding it. Representative Brown recommended adding language to Page 5, Line 6, inserting "the Department is authorized to charge a fee, sufficient to cover the cost of plan, review and approval". She stated that the language change would address the ten areas cited causing cost to DNR. She offered to draft the amendment and provide it to the Committee. Representative Parnell requested more information regarding duties as required by other state statutes on ski area operators in which "inherent risks" are defined. Mr. Bond pointed out that there are twenty-six different statutes which define an "inherent risk". He suggested providing information from the Colorado legislation which has been effective. He also offered to make his research available to the Committee. SB 44 was HELD in Committee for further discussion.
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