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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SB 176-CIVIL LIABILITY FOR LIVESTOCK ACTIVITIES
CHAIR SEEKINS announced SB 176 to be up for consideration.
SENATOR THERRIAULT made a motion to adopt amendment 1 to insert
"domestic" before "cow", "bison", "musk ox" and "elk" on page 4,
to insert "legally possessed" before "caribou" and on line 21 to
delete "duck or" before "alpaca" and insert "or water fowl,
which does not require a federal permit". He wanted the
amendment to be conceptual because he didn't know whether the
drafter would want to repeat the word domestic. There was no
objection and it was so adopted.
MR. JIM DOUGLAS, Cooperative Extension Service, State 4-H
Office, said he has also worked with domestic livestock as an
agricultural agent for the last 30 years. 4-H has good liability
coverage for the leaders, but when kids want to go to a
livestock judging contest to make a comparison of animals they
have not seen before, they put those owners in the contentious
position of having to decide whether they want the kids on their
property or not. What happens if the kid gets hurt - whether
it's a rabbit bite or a horse kick?
Another very contentious problem is for veterinarians in the
state. They cannot come on your property and ask you to hold
your rabbit while they check it. If your rabbit bites you, the
veterinarian becomes liable. Working with a 1,200 lb. horse
would then require a vet and his assistant. Now more vets are
refusing to treat horses simply because of the liability
insurance. In the course of treatment it's not uncommon for the
vet to inflict some pain causing the animal to strike out.
SB 176 just raises the level of proof to avoid frivolous
lawsuits. Many of the small Mat-Su farmers would be put out of
business with just one situation like this.
SENATOR THERRIAULT asked if there would be a problem with
deleting parades from the list of livestock activities listed on
page 4, line 25. He thought a horse in a parade might bolt if
spooked and the watchers are subject to limited liability
without knowing it.
SENATOR OGAN asked if it was simple negligence when a person
lets an inexperienced young person ride a spirited horse.
SENATOR FRENCH replied that would be negligent entrustment.
CHAIR SEEKINS pointed out language on page 3, line 16, that
said: "...the failure of a livestock activity sponsored by
professionals to make a reasonable and prudent effort to
determine the ability of the participant to safely manage the
livestock activity."
MR. DOUGLAS explained that liability issues have arisen when
they did not bother to ask about the experience of the rider to
see if they were capable of handling a horse.
SENATOR ELLIS arrived at 1:39 p.m.
SENATOR OGAN pointed out that language on page 3, line 3,
covered livestock participants, but not livestock owners.
CHAIR SEEKINS replied if you're a livestock owner, under this
bill, you would be a livestock activity sponsor.
SENATOR THERRIAULT moved amendment 2 to exclude parades on page
4, line 25. There was no objection and it was so ordered.
SENATOR THERRIAULT asked if there was a section about
transportation of animals. He wanted to know if an individual
was choosing to take part in a livestock activity if they
approached a horse van parked in a town.
CHAIR SEEKINS said he thought the bill referred to people that
place themselves in proximity to livestock for any reason
involving an activity.
SENATOR THERRIAULT made a motion to adopt amendment 3 to insert
"knowingly" on page 2, line 28, to clarify that. There was no
objection and amendment 3 was adopted.
SENATOR FRENCH said he was thinking about trailer hitches and
how this might affect a person pulling his horses in a trailer
with a passenger in his car. The trailer isn't hooked up right
and it comes off killing the passenger. Is the passenger not
able to recover because he knowingly put himself in the vicinity
of a livestock activity (trailering horses)?
CHAIR SEEKINS replied that he didn't anticipate that to be the
case. He thought it would be grossly negligent to not hook a
trailer up right. He noted language on page 3, line 12, said if
a person knows "equipment, tack or other product provided by the
activities' sponsor" is defective, that would be exempt from
this bill.
SENATOR THERRIAULT asked what activity traveling was intended to
cover, transport to and from a rodeo?
CHAIR SEEKINS answered that it was common to take your horse to
a fair and rodeos, etc. and contestants often ride with the
owner of the trailer.
SENATOR THERRIAULT moved to pass CSSB 176(JUD) from committee
with individual recommendations. There were no objections and it
was so ordered.
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