CCS HB 127: "An Act relating to aviation and to emergency equipment to be carried on aircraft."
00 CONFERENCE CS FOR HOUSE BILL NO. 127 01 "An Act relating to aviation and to emergency equipment to be carried on aircraft." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 02.10.010 is amended to read: 04 Sec. 02.10.010. Supervision over aeronautics and communication. (a) The 05 Department of Transportation and Public Facilities [DEPARTMENT] shall 06 supervise aeronautics and communications inside the state, and shall make 07 recommendations for the establishment, location, maintenance, operation, and use of 08 airports, landing fields, air markings, air beacons, and other navigation facilities [, 09 AND FOR THE ESTABLISHMENT, OPERATION, MANAGEMENT, AND 10 EQUIPMENT OF ALL AIR SCHOOLS, FLYING CLUBS, AND OTHER 11 PERSONS GIVING AIR INSTRUCTION]. 12 (b) The department shall, whenever it considers the action necessary in the 13 interest of general safety or the safety of those engaged in aeronautics, adopt 14 regulations establishing minimum standards with which all air navigation facilities [,
01 AIR SCHOOLS, AND FLYING CLUBS] shall comply, and shall adopt and enforce 02 regulations to safeguard from accident and to protect the safety of persons operating or 03 using aircraft and persons and property on the ground, and to develop and promote 04 aeronautics and communications in the state. However, the regulations may not 05 duplicate or conflict with the aeronautical and communications regulations adopted 06 [IN FORCE] by the United States Department of Transportation or [COMMERCE 07 OF THE UNITED STATES,] the Federal Communications Commission [OR THE 08 PROVISIONS OF THE FEDERAL AIR COMMERCE ACT OF 1926]. 09 * Sec. 2. AS 02.10.010 is amended by adding a new subsection to read: 10 (c) The department shall adopt regulations governing the proper protection of 11 the records of the proceedings of the department and the filing and publicizing of its 12 regulations so that they are accessible to and generally known by the interested public. 13 * Sec. 3. AS 02.15.090 is amended by adding new subsections to read: 14 (f) The department shall require as a term of all aviation-related contracts, 15 leases, and other arrangements for use or occupancy of an airport operated by the 16 department, including the international airports, that the parties to the contract, lease, 17 or other arrangement, including the department, shall be required to reimburse each 18 other according to the principles of comparative fault for amounts paid others for 19 personal injury and property damage. The apportionment of liability among the 20 parties to an agreement under this subsection may not affect the rights of persons who 21 are not parties to the agreement. 22 (g) If the department determines that it is in the best interests of the state to 23 require that persons holding aviation-related leases, permits, or concession contracts 24 for use or occupancy of an airport operated by the department, including international 25 airports, provide insurance coverage, the department shall develop and adopt by 26 regulation guidelines for the types and limits of insurance coverage required for 27 aviation-related leases, permits, or concession contracts. The department may 28 authorize a variation from the coverage required by the regulation if the department 29 finds in writing that the variation is necessary considering the best interests of the state 30 and the unique circumstances underlying a specific aviation-related lease, permit, or 31 concession contract.
01 * Sec. 4. AS 02.20.050(a) is amended to read: 02 (a) A person may not place an object on the surface of a public use [OR 03 PRIVATE] airport that because of its nature or location might cause injury or damage 04 to an aircraft or person riding in the aircraft. 05 * Sec. 5. AS 02.20.050(b) is amended to read: 06 (b) A person may not dig a hole or make any kind of excavation, or drive a 07 sled, tractor, truck, or any kind of vehicle upon the surface of a public use [AN] 08 airport that might make ruts, or tracks, or add to an accumulation of tracks so as to 09 cause sufficient roughness of the surface to endanger aircraft using the airport. 10 * Sec. 6. AS 02.20.050 is amended by adding a new subsection to read: 11 (d) Unless closed for public safety reasons by a notice to airmen (NOTAM) 12 provided to the Federal Aviation Administration or by publication in the appropriate 13 aeronautical charts and publications published by the Federal Aviation Administration 14 or closed or restricted under the authority provided in AS 38.04.200 or 15 AS 41.21.020(e), navigable water in the state or a suitable landing site on public land 16 that is not subject to a surface lease, easement, or permit issued by the Department of 17 Natural Resources is presumed open for operation of aircraft. 18 * Sec. 7. AS 02.30.030(a) is amended to read: 19 (a) A person may not operate an aircraft in the air or on the ground or water in 20 [VIOLATION OF AS 28.35.030, NOR OPERATE AN AIRCRAFT IN THE AIR OR 21 ON THE GROUND OR WATER IN] a careless or reckless manner so as to endanger 22 the life or property of another. In a proceeding charging careless or reckless operation 23 of aircraft in violation of this section, the court, in determining whether the operation 24 was careless or reckless, shall consider the standards for safe operation of aircraft 25 prescribed by federal statutes or regulations governing aeronautics. 26 * Sec. 8. AS 02.30.030(b) is amended to read: 27 (b) A person may not operate an aircraft occupied by a crew member or 28 passenger who is obviously under the influence of intoxicating liquor or a controlled 29 substance [HABIT-FORMING DRUGS]. 30 * Sec. 9. AS 02.30.040 is amended to read: 31 Sec. 02.30.040. Penalties. A person violating a provision of this chapter is
01 guilty of a misdemeanor and upon conviction is punishable by a fine of not more than 02 $1,000 [$500 UNLESS THAT PERSON IS CONVICTED OF A VIOLATION OF 03 AS 28.35.030, IN WHICH CASE THE SENTENCE SHALL BE IN ACCORDANCE 04 WITH AS 28.35.030]. 05 * Sec. 10. AS 02.35.110(a) is amended to read: 06 (a) An airman may not make a flight inside the state with an aircraft unless 07 emergency equipment is carried as follows: 08 (1) the following minimum equipment must be carried during the 09 summer months: 10 (A) rations [FOOD] for each occupant sufficient to sustain life 11 for one week [TWO WEEKS]; 12 (B) one axe or hatchet; 13 (C) one first aid kit; 14 (D) [ONE PISTOL, REVOLVER, SHOTGUN, OR RIFLE, 15 AND AMMUNITION FOR SAME; 16 (E) ONE SMALL GILL NET, AND] an assortment of tackle 17 such as hooks, flies, lines, and sinkers [, ETC.]; 18 (E) [(F)] one knife; 19 (F) [(G)] fire starter [TWO SMALL BOXES OF 20 MATCHES]; 21 (G) [(H)] one mosquito headnet for each occupant; 22 (H) [(I)] two small signaling devices such as colored smoke 23 bombs, railroad fuses, or Very pistol shells, in sealed metal containers; 24 (2) in addition to the equipment required under (1) of this subsection 25 [SECTION], the following must be carried as minimum equipment from October 15 to 26 April 1 of each year: 27 (A) one pair of snowshoes; 28 (B) one sleeping bag; 29 (C) one wool blanket or equivalent for each occupant over 30 four. 31 * Sec. 11. AS 02.35.120 is amended to read:
01 Sec. 02.35.120. Penalties for violation of chapter except AS 02.35.090 and 02 02.35.110. A person who acts as an airman for a civil aircraft when flown or operated 03 in this state [, EXCEPT AS PROVIDED IN AS 02.35.080 AND 02.35.100,] without 04 holding an existing airman's license or permit issued in accordance with [THIS 05 CHAPTER AND] federal law, [; OR] who flies or causes to be flown in this state any 06 civil aircraft [, EXCEPT AS PROVIDED IN AS 02.35.080 AND 02.35.100,] without 07 an existing license or permit for that aircraft issued in accordance with [THE 08 PROVISIONS OF THIS CHAPTER AND] federal law, [;] or who violates a provision 09 of [THIS CHAPTER OTHER THAN AS 02.35.090 OR 02.35.110 OR] a regulation 10 adopted under this chapter [,] is punishable by a fine of not more than $500 or by 11 imprisonment for not more than six months or by both. 12 * Sec. 12. AS 09.65 is amended by adding a new section to read: 13 Sec. 09.65.093. Civil liability relating to aircraft runways, airfields, and 14 landing areas. (a) A natural person who without compensation maintains or repairs 15 an aircraft runway, airfield, or landing area may not be held civilly liable, except for 16 an act or omission that constitutes gross negligence or recklessness or intentional 17 misconduct, for the injury to or death of a person or for damage to an aircraft, 18 resulting from the use of the runway, airfield, or landing area to take off, land, or 19 operate an aircraft. 20 (b) A natural person who is the owner or operator of an aircraft runway, 21 airfield, or landing area that is located on private land is not civilly liable, except for 22 an act or omission that constitutes gross negligence or recklessness or intentional 23 misconduct, for the injury to or the death of a person or for damage to an aircraft, 24 resulting from the use or attempted use of the runway, airfield, or landing area to take 25 off, land, or operate an aircraft while the runway, airfield, or landing area is 26 (1) marked as closed by placement of a large "X" that is readily visible 27 from the air; and 28 (2) listed as closed in the appropriate aeronautical charts and 29 publications published by the Federal Aviation Administration. 30 * Sec. 13. AS 11.46.130(b)(2) is amended to read: 31 (2) "aircraft safety or survival equipment" means equipment required
01 to be carried on an aircraft under [AS 02.30.010 OR] AS 02.35.110; 02 * Sec. 14. AS 02.10.020, 02.10.030, 02.10.040(1), 02.10.060, 02.10.070, 02.10.080, 03 02.10.090; AS 02.15.010(1), 02.15.050(d), 02.15.170, 02.15.205, 02.15.220(b), 02.15.225; 04 AS 02.20.010, 02.20.020, 02.20.030, 02.20.040, 02.20.070; AS 02.25.080; AS 02.30.010, 05 02.30.030(c), 02.30.030(d); AS 02.35.010, 02.35.020, 02.35.030, 02.35.040, 02.35.050, 06 02.35.060, 02.35.070, 02.35.080, 02.35.100, 02.35.115, and 02.35.140 are repealed. 07 * Sec. 15. The uncodified law of the State of Alaska is amended by adding a new section to 08 read: 09 APPLICABILITY. (a) AS 02.15.090(f) and (g), added by sec. 3 of this Act, apply to 10 aviation-related contracts, concession contracts, leases, permits, and other aviation-related 11 arrangements for use or occupancy of an airport operated by the Department of Transportation 12 and Public Facilities, including the international airports, that are entered into after the 13 effective date of this Act. 14 (b) AS 02.15.090(f) and (g), added by sec. 3 of this Act, apply to an aviation-related 15 contract, concession contract, lease, permit, or other aviation-related arrangement for use or 16 occupancy of an airport operated by the Department of Transportation and Public Facilities, 17 including the international airports, that exists on the effective date of this Act if 18 (1) the parties to the agreement agree to modification of the agreement to 19 conform to provisions of AS 02.15.090(f) and (g), added by sec. 3 of this Act, and the 20 regulations adopted under AS 02.15.090(f) and (g), added by sec. 3 of this Act; or 21 (2) the unilateral modification of the agreement by the department is 22 consistent with the Constitution of the State of Alaska. 23 * Sec. 16. The uncodified law of the State of Alaska is amended by adding a new section to 24 read: 25 APPLICABILITY. Section 12 of this Act applies to a civil action that accrues on or 26 after the effective date of this Act.