Legislature(1993 - 1994)
03/09/1994 01:30 PM House FIN
| Audio | Topic |
|---|
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HOUSE FINANCE COMMITTEE
March 9, 1994
1:30 P.M.
TAPE HFC 94 - 53, Side 2, #000 - end.
TAPE HFC 94 - 54, Side 1, #000 - end.
TAPE HFC 94 - 54, Side 2, #000 - #515.
CALL TO ORDER
Co-Chair Larson called the House Finance Committee meeting
to order at 1:30 P.M.
PRESENT
Co-Chair Larson Representative Foster
Co-Chair MacLean Representative Martin
Vice-Chair Hanley Representative Navarre
Representative Brown Representative Parnell
Representative Grussendorf Representative Therriault
Representative Hoffman was not present for the meeting.
ALSO PRESENT
John Jemewouk, Executive Director of Western Alaska
Fisheries Development Association, Elim; Nels Anderson,
Executive Director, BBEDC, Dillingham; Ragnar Alstrom,
YDFDA, Azakanuk; Fred Phillip, CVFC, Kwigillingok; Mark
Snigaroit, Chairman, APICDA, Juneau; Agafon Knukoff, Jr.,
President, CBSFA, St. Paul Island; Josh Fink, Staff, Senator
Tim Kelly; Patti Rizer, (testified via teleconference),
Anchorage; Bruce Tizer, (testified via teleconference),
Anchorage; Fred Rogers, (testified via teleconference),
Squaw Valley, Idaho; Robert Moss, (testified via
teleconference), Homer; Chris Moss, (testified via
teleconference), Homer; David Wilson, (testified via
teleconference), Anchorage; Steve Lear, (testified via
teleconference), Anchorage; Mark Bond, (testified via
teleconference), Attorney for ALYESKA, Squaw Valley, Idaho;
John Bevis, (testified via teleconference), Anchorage; Diana
Woods, (testified via teleconference), Anchorage; Mike
Stone, (testified via teleconference), Anchorage; Gary
Medenvil, Eaglecrest, Juneau; Phil Thingstad, (testified via
teleconference), Anchorage; Bob Day, (testified via
teleconference), Anchorage; Mano Frey, (testified via
teleconference), Anchorage; Terry Kadel, (testified via
teleconference), Anchorage; David Sams, (testified via
teleconference), Challenge Alaska Program, Anchorage; Dennis
Mince, Attorney, Anchorage.
1
SUMMARY
COMMUNITY DEVELOPMENT QUOTA PROGRAM (CDQ) PRESENTATION
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.
COMMUNITY DEVELOPMENT QUOTA PROGRAM (CDQ) PRESENTATION
JOHN JEMEWOUK, EXECUTIVE DIRECTOR, WESTERN ALASKA FISHERIES
DEVELOPMENT ASSOCIATION, ELIM, explained that applications
for the CDQ's are based on 7.5% of the biologically
harvestable Bering Sea pollock resource and are submitted on
a biennial basis to the Governor of Alaska. The communities
eligible to receive quotas must be located on or within
fifty miles of the Bering Sea coast from the Bering Strait
to the western most of the Aleutian Islands or located on
islands within the Bering Sea. Mr. Jemewouk added that
CDQ's proceeds must be invested in fishery development
programs and ventures that create jobs and promote stable
local economies in western Alaska. He provided the
Committee with a packet of information regarding the CDQ
program. [Copy on file].
NELS ANDERSON, EXECUTIVE DIRECTOR, BRISTOL BAY ECONOMIC
DEVELOPMENT CORPORATION (BBEDC), DILLINGHAM, explained that
BBEDC received 20 percent of the available CDQ pollock.
BBEDC's corporate fishing partner is Oceantrawl Inc., an
Alaska corporation operating three factory trawlers. BBEDC
plans to:
* Implement a plan consisting of employment training
programs and small business development program,
grants for value-added processing and marketing.
* Establish a Scholarship Endowment Fund for
students to attend college.
* Set up a reserve to provide matching funds for
infrastructure construction, and financing for the
acquisition of Individual Fishing Quotas (IFQ).
* Employ sixty people year round.
RAGNAR ALSTROM, YUKON DELTA FISHERIES DEVELOPMENT
ASSOCIATION (YDFDA), ALAKANUK, spoke for the Yukon Delta
communities stating that his area received five percent of
2
the available CDQ's. YDFDA's corporate fishing partner is
Golden Alaska Seafoods. YDFDA plans to:
* Establish a training program for up to 258
residents by 1995.
* Develop a fleet of small catcher vessels designed
to operate in local longline and/or pot fisheries.
* Set up a fund for purchasing salmon limited entry
permits.
* Explore halibut and cod fisheries in the upper
Bering Sea.
* Employ 50 people in the CDQ operations by 1995.
FRED PHILLIP, COASTAL VILLAGES FISHING COOPERATIVE (CVFC),
KWIGILLINGOK, stated that CVFC consists of the Yukon-
Kuskokwim Delta communities and that they received 27
percent of the available pollock CDQ. The corporate partner
for CVFC is Golden Age Fisheries. CVFC plans to:
* Purchase 50 percent equity in the 197 ft. factory
trawler Brons Point with the long-term goal of
owning, managing, and operating a fleet of at-sea
processing and harvesting vessels.
* Establish a "Salmon Roe University" to train
residents of the region to be salmon roe
technicians.
* Purchase or construct a salmon processor to
operate in the lower Kuskokwim River.
* Train individuals from CVFC members villages to
work at all levels of the ground fish industry.
MARK SNIGAROIT, CHAIRMAN, ALEUTIAN PRIBILOF ISLAND COMMUNITY
DEVELOPMENT ASSOCIATION(APICDA), JUNEAU, explained that
APICDAA's corporate partners in harvesting the quota are
Trident Seafoods Corporation, one of Alaska's largest shore
based seafood processing companies, and Starbound
Partnership, operator of a factory trawler. APICDA received
18 percent of the pollock reserve set aside for the CDQ's.
The goals for APICDA are:
* Establish a comprehensive vocational education,
job training and employment program.
* Establish a higher education endowment fund for
community residents who wish to purse university
3
degrees.
* Participate in funding for completion of the
Zapadni Bay Harbor on St. George Island.
* Complete engineering designs for a dock in Nelson
Lagoon.
* Work with the False Pass Tribal Council to fund
the construction of a gear storage warehouse in
False Pass.
AGAFON KNUKOFF, JR., PRESIDENT, EXECUTIVE DIRECTOR, CENTRAL
BERING SEA FISHERMEN'S ASSOCIATION (CBSFA), ST. PAUL ISLAND,
noted that he represented the fishing community of St. Paul
in the Pribilof Islands. CBSFA received 10 percent of the
Bering Sea CDQ pollack. CBSFA corporate fishing partner is
American Seafoods Company, Inc. CBSFA plans to:
* Establish a boat loan program for the purchase and
construction of vessels 32' to 125' in length, and
that are capable of participating in the multi
species fisheries of the Bering Sea.
* Set aside funds for infrastructure development on
St. Paul Island.
* Employment goal: 20-25 people in the CDQ
operation.
Mr. Jemewouk summarized that the program has given western
Alaska villages in western Alaska hope particularly for
young adults to become productive members of society. He
indicated his concern with the sunset clause to the program
dated December, 1995.
(Tape Change, HFC 94-54, Side 1).
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.
ADJOURNMENT
The meeting adjourned at 3:35 P.M.
HOUSE FINANCE COMMITTEE
March 9, 1994
1:30 P.M.
TAPE HFC 94 - 53, Side 2, #000 - end.
TAPE HFC 94 - 54, Side 1, #000 - end.
TAPE HFC 94 - 54, Side 2, #000 - #515.
CALL TO ORDER
Co-Chair Larson called the House Finance Committee meeting
to order at 1:30 P.M.
PRESENT
Co-Chair Larson Representative Foster
Co-Chair MacLean Representative Martin
8
Vice-Chair Hanley Representative Navarre
Representative Brown Representative Parnell
Representative Grussendorf Representative Therriault
Representative Hoffman was not present for the meeting.
ALSO PRESENT
John Jemewouk, Executive Director of Western Alaska
Fisheries Development Association, Elim; Nels Anderson,
Executive Director, BBEDC, Dillingham; Ragnar Alstrom,
YDFDA, Azakanuk; Fred Phillip, CVFC, Kwigillingok; Mark
Snigaroit, Chairman, APICDA, Juneau; Agafon Knukoff, Jr.,
President, CBSFA, St. Paul Island; Josh Fink, Staff, Senator
Tim Kelly; Patti Rizer, (testified via teleconference),
Anchorage; Bruce Tizer, (testified via teleconference),
Anchorage; Fred Rogers, (testified via teleconference),
Squaw Valley, Idaho; Robert Moss, (testified via
teleconference), Homer; Chris Moss, (testified via
teleconference), Homer; David Wilson, (testified via
teleconference), Anchorage; Steve Lear, (testified via
teleconference), Anchorage; Mark Bond, (testified via
teleconference), Attorney for ALYESKA, Squaw Valley, Idaho;
John Bevis, (testified via teleconference), Anchorage; Diana
Woods, (testified via teleconference), Anchorage; Mike
Stone, (testified via teleconference), Anchorage; Gary
Medenvil, Eaglecrest, Juneau; Phil Thingstad, (testified via
teleconference), Anchorage; Bob Day, (testified via
teleconference), Anchorage; Mano Frey, (testified via
teleconference), Anchorage; Terry Kadel, (testified via
teleconference), Anchorage; David Sams, (testified via
teleconference), Challenge Alaska Program, Anchorage; Dennis
Mince, Attorney, Anchorage.
SUMMARY
COMMUNITY DEVELOPMENT QUOTA PROGRAM (CDQ) PRESENTATION
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.
COMMUNITY DEVELOPMENT QUOTA PROGRAM (CDQ) PRESENTATION
JOHN JEMEWOUK, EXECUTIVE DIRECTOR, WESTERN ALASKA FISHERIES
DEVELOPMENT ASSOCIATION, ELIM, explained that applications
for the CDQ's are based on 7.5% of the biologically
harvestable Bering Sea pollock resource and are submitted on
9
a biennial basis to the Governor of Alaska. The communities
eligible to receive quotas must be located on or within
fifty miles of the Bering Sea coast from the Bering Strait
to the western most of the Aleutian Islands or located on
islands within the Bering Sea. Mr. Jemewouk added that
CDQ's proceeds must be invested in fishery development
programs and ventures that create jobs and promote stable
local economies in western Alaska. He provided the
Committee with a packet of information regarding the CDQ
program. [Copy on file].
NELS ANDERSON, EXECUTIVE DIRECTOR, BRISTOL BAY ECONOMIC
DEVELOPMENT CORPORATION (BBEDC), DILLINGHAM, explained that
BBEDC received 20 percent of the available CDQ pollock.
BBEDC's corporate fishing partner is Oceantrawl Inc., an
Alaska corporation operating three factory trawlers. BBEDC
plans to:
* Implement a plan consisting of employment training
programs and small business development program,
grants for value-added processing and marketing.
* Establish a Scholarship Endowment Fund for
students to attend college.
* Set up a reserve to provide matching funds for
infrastructure construction, and financing for the
acquisition of Individual Fishing Quotas (IFQ).
* Employ sixty people year round.
RAGNAR ALSTROM, YUKON DELTA FISHERIES DEVELOPMENT
ASSOCIATION (YDFDA), ALAKANUK, spoke for the Yukon Delta
communities stating that his area received five percent of
the available CDQ's. YDFDA's corporate fishing partner is
Golden Alaska Seafoods. YDFDA plans to:
* Establish a training program for up to 258
residents by 1995.
* Develop a fleet of small catcher vessels designed
to operate in local longline and/or pot fisheries.
* Set up a fund for purchasing salmon limited entry
permits.
* Explore halibut and cod fisheries in the upper
Bering Sea.
* Employ 50 people in the CDQ operations by 1995.
FRED PHILLIP, COASTAL VILLAGES FISHING COOPERATIVE (CVFC),
10
KWIGILLINGOK, stated that CVFC consists of the Yukon-
Kuskokwim Delta communities and that they received 27
percent of the available pollock CDQ. The corporate partner
for CVFC is Golden Age Fisheries. CVFC plans to:
* Purchase 50 percent equity in the 197 ft. factory
trawler Brons Point with the long-term goal of
owning, managing, and operating a fleet of at-sea
processing and harvesting vessels.
* Establish a "Salmon Roe University" to train
residents of the region to be salmon roe
technicians.
* Purchase or construct a salmon processor to
operate in the lower Kuskokwim River.
* Train individuals from CVFC members villages to
work at all levels of the ground fish industry.
MARK SNIGAROIT, CHAIRMAN, ALEUTIAN PRIBILOF ISLAND COMMUNITY
DEVELOPMENT ASSOCIATION(APICDA), JUNEAU, explained that
APICDAA's corporate partners in harvesting the quota are
Trident Seafoods Corporation, one of Alaska's largest shore
based seafood processing companies, and Starbound
Partnership, operator of a factory trawler. APICDA received
18 percent of the pollock reserve set aside for the CDQ's.
The goals for APICDA are:
* Establish a comprehensive vocational education,
job training and employment program.
* Establish a higher education endowment fund for
community residents who wish to purse university
degrees.
* Participate in funding for completion of the
Zapadni Bay Harbor on St. George Island.
* Complete engineering designs for a dock in Nelson
Lagoon.
* Work with the False Pass Tribal Council to fund
the construction of a gear storage warehouse in
False Pass.
AGAFON KNUKOFF, JR., PRESIDENT, EXECUTIVE DIRECTOR, CENTRAL
BERING SEA FISHERMEN'S ASSOCIATION (CBSFA), ST. PAUL ISLAND,
noted that he represented the fishing community of St. Paul
in the Pribilof Islands. CBSFA received 10 percent of the
Bering Sea CDQ pollack. CBSFA corporate fishing partner is
American Seafoods Company, Inc. CBSFA plans to:
11
* Establish a boat loan program for the purchase and
construction of vessels 32' to 125' in length, and
that are capable of participating in the multi
species fisheries of the Bering Sea.
* Set aside funds for infrastructure development on
St. Paul Island.
* Employment goal: 20-25 people in the CDQ
operation.
Mr. Jemewouk summarized that the program has given western
Alaska villages in western Alaska hope particularly for
young adults to become productive members of society. He
indicated his concern with the sunset clause to the program
dated December, 1995.
(Tape Change, HFC 94-54, Side 1).
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.
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.
12
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,
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
13
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.
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
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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
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.
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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.
ADJOURNMENT
The meeting adjourned at 3:35 P.M.
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