01/29/1997 03:15 PM House L&C

 HB 30 - CIVIL LIABILITY FOR SKATEBOARDING                                   
                                                                               
 Number 648                                                                    
                                                                               
 TIM SULLIVAN, Legislative Assistant to Representative Eldon Mulder,           
 read the sponsor statement into the record:                                   
                                                                               
 "HB 30 was introduced at the request of the Municipality of                   
 Anchorage.                                                                    
                                                                               
 "The municipalities of Anchorage, City and Borough of Juneau, as              
 well as the Fairbanks North Pole Borough would like to create                 
 skateboard parks so skateboarders will have a place to ride, rather           
 than using other areas designed for pedestrians.  Anchorage and               
 Fairbanks 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 House Bill 30 is to encourage the municipalities to            
 proceed with development of areas for outdoor recreation without              
 increasing their liability unnecessarily.  The bill applies only to           
 municipal skateboard parks.                                                   
                                                                               
 "This bill is patterned after the legislation passed providing this           
 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 and the liability rests with the skateboarder.  It             
 was amended in the Judiciary Committee to make it certain that the            
 parks are not required to have on-site supervision provided by the            
 municipality."                                                                
                                                                               
 MR. SULLIVAN noted a letter of support submitted to the committee             
 by the City and Borough of Juneau and one from the Alaska Municipal           
 League, as well as their 1997 legislative platform which names this           
 issue as one of their priorities.                                             
                                                                               
 Number 720                                                                    
                                                                               
 REPRESENTATIVE JOHN COWDERY stated that he supports this                      
 legislation and talked about how if we restrict our youth too much            
 they go to other inappropriate means of recreation.                           
                                                                               
 CHAIRMAN ROKEBERG asked Mr. Sullivan is he had had a chance to                
 review some proposed amendments to this legislation.                          
                                                                               
 MR. SULLIVAN stated that the sponsor had no concerns with the                 
 amendments labeled A1 and A3.  The amendment labeled A2 might have            
 some constitutional problems though.  Mr. Sullivan stated that                
 Legislative Research could not give him a definitive response                 
 presently in regards to A2, but it was decided to hold this                   
 amendment for the Judiciary Committee to consider at a later time.            
                                                                               
 Number 820                                                                    
                                                                               
 MR. SULLIVAN gave the committee a legislative history of this bill            
 since last year it passed the house.  What has happened in areas              
 such as Anchorage, the city park downtown in front of the                     
 Performing Arts Center has personalized bricks in the sidewalk.               
 These bricks have deteriorated severely and skateboards have been             
 prohibited.  By prohibiting skateboarding in this area, it put kids           
 on the streets.  With the lack of enforcement in this area this               
 doesn't completely absolve the municipality from skateboarders                
 getting hurt in areas not designed for skateboarding.  This                   
 legislation will give kids an area to go to for skateboarding and             
 relieve the burden of civil liability for the municipalities as               
 long as they are not negligent.                                               
                                                                               
 MR. SULLIVAN stated that this legislation made it through the house           
 last year and was referred to the senate and from there it was                
 referred to the Judiciary Committee where it sat for the remainder            
 of time.  (The committee took an at ease for five minutes.)                   
                                                                               
 Number 922                                                                    
                                                                               
 CHAIRMAN ROKEBERG relabeled the amendments.  Amendment A1 was                 
 marked as amendment number one and Amendment A3 was marked as                 
 amendment number two.                                                         
                                                                               
 REPRESENTATIVE COWDERY made a motion to adopt these amendments as             
 indicated.  REPRESENTATIVE BRICE objected for discussion purposes.            
                                                                               
 CHAIRMAN ROKEBERG explained that amendment number one was to set up           
 a standard or criteria in judging who can actually use these                  
 skateboard parks and makes the parent or legal guardian responsible           
 to determine the minor satisfies these standards.  Unless there is            
 a supervisor at the park there's no one there to make this                    
 determination.  The amendment number two, "says this is an                    
 attractive nuisance, but a skateboard park would be an                        
 extraordinary attractive nuisance, so unless it's expended or                 
 secured it doesn't make any sense to have it."  The text of these             
 amendments are as follows:                                                    
                                                                               
 Amendment one:                                                                
                                                                               
 Page 2, line 14, following "safely":                                          
      Insert";in the case of a minor who uses a municipal skateboard           
 facility, the minor's parent or legal guardian is responsible for             
 determining whether the minor satisfies the requirements of this              
 paragraph"                                                                    
                                                                               
 Page 3, line 18, following "ability":                                         
      Insert "; in the case of a skateboarder who is a minor, the              
 minor's parent or legal guardian is responsible for determining               
 whether the minor satisfies the requirements of this paragraph"               
                                                                               
 Amendment two:                                                                
                                                                               
 Page 3, following line 13:                                                    
      Insert a new subsection to read:                                         
          "(c) A municipality shall clearly delineate the boundaries           
 of a municipal skateboard facility with fencing or another type of            
 enclosing or surrounding structure."                                          
                                                                               
 Number 1002                                                                   
                                                                               
 REPRESENTATIVE BRICE removed his objection.                                   
                                                                               
 CHAIRMAN ROKEBERG then determined that by removing the objections             
 these two amendments were adopted by the committee.                           
                                                                               
 Number 1018                                                                   
                                                                               
 REPRESENTATIVE RYAN made a motion to move HB 30 with individual               
 recommendations along with a zero fiscal note as amended.  Hearing            
 no objection, it was so moved.