Legislature(1997 - 1998)
04/08/1997 01:43 PM Senate L&C
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HB 30 CIVIL LIABILITY FOR SKATEBOARDING CHAIRMAN LEMAN announced HB 30 to be up for consideration. MR. TIM SULLIVAN, Staff to Representative Eldon Mulder, sponsor, said HB 30 was requested by the Municipality of Anchorage. They and several other municipalities would like to create skating and cycling parks so skaters and cyclers will have a place to ride rather than using areas designed for pedestrians. The municipalities are willing to develop these areas if they can be insulated from liability for claims arising from claims inherent in skating and cycling. MR. SULLIVAN said the intent of HB 30 is to encourage municipalities to proceed with development of various outdoor recreation without increasing their liability unnecessarily. This bill applies only to municipal skating and cycling parks. It is patterned after legislation passed providing this limited protection to ski areas. This protection from liability relates to inherent dangers and risks of skating and cycling. Municipalities are required to post signs warning of the inherent risks and that the liability rests with the skater and cycler. SENATOR KELLY informed the committee that the sponsor came to him with two amendments. Number 1 on page 1, line 8 after "skating" would delete "and" and insert "or". Amendment number 2 on page 4, line 31 would insert a new paragraph to read the facility "does not include a trail used for skating or cycling." In other words there was some concern that the current definition or lack of definition of facility would require the municipality of Anchorage and other areas to put warning signs up on trails, like the Tony Knowles Coastal Trail. SENATOR MACKIE clarified that this amendment referred to only those facilities that are built specifically for that. MR. SULLIVAN agreed. SENATOR KELLY moved to adopt amendment 1. There were no objections and it was so ordered. SENATOR KELLY moved to adopt amendment 2. There were no objections and it was so ordered. Number 460 MR. SULLIVAN said there was another amendment, number 3, that they support. He said that several municipalities including Valdez, Petersburg, Sitka, and Seward expressed the idea that they should have the ability to determine what is needed to separate the facility from conflicting uses or hazardous conditions in this situation. On page 3, line 9 it would delete "with fencing or another type of enclosing or surrounding structures." SENATOR MACKIE moved to adopt amendment 3. There were no objections and it was so ordered. SENATOR MACKIE asked if there was a number of municipalities looking at this now. MR. SULLIVAN said there were letters of support from a number of municipalities, including Anchorage, Kodiak, Kenai, Juneau, and Fairbanks. SENATOR MACKIE asked to what degree was the liability a deterrent to building the parks. MR. SULLIVAN said he would prefer the AML address that issue. MR. JAY SAUNDER AND MELISSA WALKER, representing the Juneau Skate Park Committee, testified before the committee. MR. SAUNDER said that it is very difficult and expensive to have someone to cover the insurance of a skate park and this bill would greatly increase the chances of a skate park happening for a large population of youth skaters in Juneau. SENATOR MACKIE asked them if they knew if they go to this park and are doing flips or whatever and break their arm, are they willing to accept that responsibility or should their parents be allowed to sue the CBJ. MR. SAUNDERS replied that they understand and feel that parents shouldn't be able to sue. MR. KEVIN RITCHIE, Alaska Municipal League, said they look at this as another opportunity to provide services for our youth. The frustrating thing now is that kids can get hurt and in most cases wouldn't have anyone to sue. Municipalities are not barred from doing this, but there is a big financial incentive for not putting together a skateboard park because, even though it's safer, there's a much greater risk of loss to the municipal government. This bill just does what ski areas do which is they say if we're negligent in the ski area and you hurt yourself, it's our fault, but if the ski area is well maintained, there are inherent dangers in skiing that you have to accept. In Juneau there has been some negotiation with kids to use an approved facility rather than the street. So it's a lot safer for both pedestrians as well as the kids themselves. SENATOR KELLY asked if there was an approved facility in Juneau now. MR. RITCHIE replied that these young adults are currently working on developing that facility. SENATOR MACKIE asked what it would cost for insurance now to have a facility. MR. RITCHIE replied there is a significant difference in the liability. MR. KEVIN SMITH, Alaska Municipal League Joint Insurance Association, said the coverage for skateboard parks in general has been excluded from most general liability policies available in the State of Alaska. Recently the Board of Trustees of JIA discussed this idea and the needs of municipalities to deal with the issue of getting kids off the streets and into some place. So their association went ahead and included skateboarding as a covered item. This is largely in anticipation of passage of the bill and largely just addressing the needs of the members since it's not actually an insurance company per se. MR. SMITH said that coverage is almost impossible to get now. This bill would help coverage become available at whatever cost. MS. NANCY ROBB, Valdez Parks and Recreation, said the City of Valdez is very supportive of HB 30 and the amendments that will allow municipalities to delineate the boundaries. SENATOR KELLY asked if Valdez was currently planning a skateboard park. She replied that they currently have an in-line hockey rink they constructed last year through some donations and this will assist them with that. In the past 30 days a number of youth have expressed interest in developing a skateboard park. MR. BILL MUSSON, Director, Petersburg Parks and Recreation, supported HB 30. He said this issue is becoming increasingly important in many municipalities around the State in expanding positive recreational opportunities for the youth of communities. He also supported the amendments. Number 347 MS. MARNIE ISAACS, Municipality of Anchorage, said she is also the parent of a skater. She thanked them for considering this for the kids and that resolutions have been passed by the Anchorage Youth Commission and the Anchorage Assembly, and are currently pending before the Anchorage Chamber and the Downtown Anchorage Association, in support of this legislation. SENATOR MACKIE moved to pass SCSHB 30(L&C) from committee with individual recommendations and $0 fiscal note. There were no objections and it was so ordered.
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