SENATE BILL REPORT

SB 6575

BYSenators Metcalf and Kreidler; by request of Washington State Parks and Recreation Commission

Clarifying liability of the parks and recreation commission for ski lift inspection.

Senate Committee on Environment & Natural Resources

Senate Hearing Date(s):February 4, 1988

Majority Report:  That Substitute Senate Bill No. 6575 be substituted therefor, and the substitute bill do pass.

      Signed by Senators Metcalf, Chairman; Smith, Vice Chairman; Barr, Benitz, Kreidler, Owen.

Senate Staff:Gary Wilburn (786-7453); Henry Yates (786-7708)

                  February 5, 1988

AS REPORTED BY COMMITTEE ON ENVIRONMENT & NATURAL RESOURCES, FEBRUARY 4, 1988

BACKGROUND:

Owners and operators of recreational conveyances, specifically including ski lifts and similar devices for winter recreation activities, are required to submit plans and specifications to the State Parks and Recreation Commission prior to installation.  The commission may issue orders requiring repairs or reconstruction of defective or dangerous devices, including prohibiting its use until such action is taken.  The commission is to employ or retain one or more qualified engineers, one of whom is to be designated as the inspector of recreational devices.

The inspector is to inspect at least once each year all recreational devices covered by the law and to report any dangerous or defective equipment to the commission.  The expenses of the inspection are to be reimbursed by the owner or operator.  The "Department's" inspections, rules, and orders shall not impose liability upon the state for any injury or damage resulting from the operation of regulated facilities.

SUMMARY:

References to the "department" are corrected to refer to the State Parks and Recreation Commission.  To clarify existing law the protection from state liability for the Commission's regulatory activities under this program are expressly extended to the Commission's approval of plans and specifications.

EFFECT OF PROPOSED SUBSTITUTE:

Language referring to approval of plans and specifications is deleted.  Parks and Recreation Commission liability is limited for approvals conducted under its directive to review and approve or disapprove plans and specifications for specific recreational devices.

Appropriation:    none

Revenue:    none

Fiscal Note:      none requested

Senate Committee - Testified: Cleve Pinnix, Parks and Recreation Commission (for); Dennis Martin, Trial Lawyers Association