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.