00                      CS FOR HOUSE BILL NO. 474(JUD)                                                                    
01 "An Act relating to civil liability associated with aircraft runways, airfields, and landing                            
02 areas."                                                                                                                 
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1.  AS 09.65.093 is amended to read:                                                                     
05            Sec. 09.65.093.  Civil liability relating to aircraft runways, airfields, and                              
06       landing areas.  (a)  Except as provided in (c) of this section, a [A NATURAL]                               
07       person who without compensation constructs, maintains, or repairs an aircraft                             
08       runway, airfield, or landing area may not be held civilly liable, except for an act or                            
09       omission that constitutes gross negligence or recklessness or intentional misconduct,                             
10       for the injury to or death of a person or for damage to an aircraft, resulting from the                           
11       use of the runway, airfield, or landing area to take off, land, park, or operate an                           
12       aircraft.                                                                                                         
13            (b)  A [NATURAL] person who is the owner or operator of an aircraft runway,                                  
14       airfield, or landing area [THAT IS LOCATED ON PRIVATE LAND] is not civilly                                        

01       liable, except for an act or omission that constitutes gross negligence or recklessness                           
02       or intentional misconduct, for the injury to or the death of a person or for damage to an                         
03       aircraft, resulting from the use or attempted use of the runway, airfield, or landing area                        
04       to take off, land, park, or operate an aircraft while the runway, airfield, or landing                        
05       area [IS]                                                                                                         
06                 (1)  is marked as closed by placement of a large "X" on the runway, in                          
07       accordance with Federal Aviation Administration guidelines [THAT IS READILY                                   
08       VISIBLE FROM THE AIR]; and                                                                                        
09                 (2)  if listed or charted, is designated as closed in the appropriate                           
10       aeronautical charts and publications published by the Federal Aviation Administration.                            
11    * Sec. 2.  AS 09.65.093 is amended by adding a new subsection to read:                                             
12            (c)  The immunity from civil liability under (a) of this section does not limit                              
13       the liability of an owner or operator of an aircraft runway, airfield, or landing area to a                       
14       provider of flight services or its passengers under contract with the owner or operator.