Legislature(2003 - 2004)
05/05/2003 01:07 PM Senate JUD
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* first hearing in first committee of referral
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= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
SB 175-LIABILITY:RECREATIONAL ACTIVITY/BOATS
CHAIR SEEKINS announced SB 175 to be up for consideration.
MR. BRIAN HOVE, staff to Senator Seekins, sponsor, said that
liability insurance is a significant cost to existing outdoor
activity enterprises and presents a significant barrier for new
businesses entering this industry. SB 175 delineates the burden
of responsibility for the commercial recreation business as well
as the person who elects to participate in that recreational
activity. Commercial businesses are responsible for meeting
safety standards and providing trained and competent personnel.
Without exception, participation in outdoor activities carries a
degree of inherent risk. This legislation would decrease
uncertainties regarding the legal responsibilities for injuries
and encourage the responsible businesses that offer these
activities to the public. This bill would help avoid unfair and
unreasonable claims that are closely identified with the Alaskan
lifestyle and have come to be expected by visitors looking for
exceptional experiences.
SENATOR THERRIAULT moved to adopt CSSB 175(JUD), version Q,
which adds "skateboarding" to a lengthy list of activities.
There were no objections and it was so ordered.
SENATOR OGAN asked if this was a replication of Senator Bunde's
bill they already passed.
MR. HOVE asked the drafter how this interfaces with Senator
Bunde's bill. He assured Mr. Hove that there was no overlap.
SENATOR ELLIS still wanted to know what the interplay was with
the Bunde language.
MR. HOVE replied that Senator Bunde's bill covered non-
commercial activities; this one covers commercial. He said the
sponsor statement was incorrect.
SENATOR FRENCH asked what the effective date was.
SENATOR OGAN said he was concerned that good people were hired
to be guides for things like white water rafting.
CHAIR SEEKINS noted that language on page 3, lines 4 - 5, says
this does not apply to a civil action based on negligence of a
provider.
SENATOR OGAN asked if negligence isn't what people always sue
for and what are they accomplishing by passing this bill.
CHAIR SEEKINS replied that it limits liability to the extent
that someone can show that there is no negligence and that the
person accepts the inherent risk of the activity.
TAPE 03-37, SIDE B
SENATOR THERRIAULT noted that the list of sports or recreational
activities on page 3, line 28, doesn't include boxing contests
and wanted to know why.
SENATOR FRENCH said that bungee jumping and paragliding crossed
his mind as other activities.
SENATOR OGAN suggested using the catchall phrase, "limited to,
but not including..."
SENATOR FRENCH said in this case it is better to use general
terminology rather than specific.
CHAIR SEEKINS said they would set the bill aside for further
work.
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