Legislature(2003 - 2004)

03/26/2004 08:06 AM Senate JUD

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                                                                                                                                
          SB 345-LIABILITY FOR AIRPORTS AND AIRSTRIPS                                                                       
                                                                                                                                
MR.  JOE  MICHEL,  legislative aide  to  Senator  Ralph  Seekins,                                                               
sponsor of  the measure, explained  that SB  345 is a  short bill                                                               
that  makes  one major  change  to  one  section of  statute.  It                                                               
removes the  word "natural" from  the phrase "a  natural person."                                                               
The  intent   of  [the  original  legislation]   was  to  provide                                                               
protection from  civil liability to  a natural person,  meaning a                                                               
human being, who clears or cleans  an airfield in a rural area to                                                               
prepare it for landing. According  to Black's Law Dictionary, the                                                               
definition of a natural person  is a human being as distinguished                                                               
from an artificial person created  by law. In contrast, a person,                                                               
as defined  in Alaska statute,  includes a  corporation, company,                                                               
partnership, firm,  association, organization, business  trust or                                                               
society,  as well  as  a  natural person.  SB  345 would  provide                                                               
liability  protection to  all types  of businesses,  corporations                                                               
and  organizations  that want  to  maintain  an airstrip  for  no                                                               
compensation. This  would not apply  to airports  or corporations                                                               
that charge for aircraft landings  on their runways. He noted the                                                               
Alaska Miners  Association endorses  SB 345  because a  number of                                                               
miners maintain airstrips to access their mines.                                                                                
                                                                                                                                
CHAIR  SEEKINS announced  that a  proposed committee  substitute,                                                               
version D, was before the committee.                                                                                            
                                                                                                                                
SENATOR  THERRIAULT  moved to  adopt  version  D as  the  working                                                               
document before the committee.                                                                                                  
                                                                                                                                
CHAIR  SEEKINS announced  that without  objection, version  D was                                                               
before the committee.                                                                                                           
                                                                                                                                
SENATOR  OGAN  asked if  this  applies  only  to the  group  that                                                               
maintains the  airstrip, no matter who  owns the land and  how SB
345 would affect a runway on state land.                                                                                        
                                                                                                                                
MR. MICHEL replied:                                                                                                             
                                                                                                                                
     Yes, Senator  Ogan, that  was one  of the  changes that                                                                    
     provided  for the  new work  draft. In  Section B,  the                                                                    
     words that were taken out,  that said, 'that is located                                                                    
     on private  land' - and  the reason that was  taken out                                                                    
     was  the Alaska  Miners  Association  and other  people                                                                    
     expressed concerns  about the  mines up there  on state                                                                    
     lands that are  on 40-year land leases  and such things                                                                    
     like that.                                                                                                                 
                                                                                                                                
SENATOR OGAN  questioned whether an airstrip  on state-owned land                                                               
could be closed by  putting an X on it, even  though it is public                                                               
domain.                                                                                                                         
                                                                                                                                
MR. MICHEL referred  to Section B, and noted the  addition of "in                                                               
accordance with FAA  guidelines" because an X  can mean different                                                               
things depending  on the color,  etcetera, so this bill  will use                                                               
the FAA definitions of a closed airfield.                                                                                       
                                                                                                                                
SENATOR OGAN asked  whether that will mean if an  airstrip has an                                                               
X on it that follows the FAA guidelines, no one else can use it.                                                                
                                                                                                                                
MR. MICHEL replied,  "...Not so much that they can't  use it, but                                                               
as  a person  who owns  and  operates that  landing area,  that's                                                               
protecting them from civil liability.  It's a notification to the                                                               
pilot in the  air that, you know, this runway  is closed for some                                                               
reason."                                                                                                                        
                                                                                                                                
SENATOR OGAN commented:                                                                                                         
                                                                                                                                
     ...with an  X and I was  running out of fuel  and I was                                                                    
     lost and I'm  really lost but I just didn't  have a lot                                                                    
     of fuel to  - I needed to know the  quickest route back                                                                    
     and I land  on these guys' strip -  these miners' strip                                                                    
     that had an  X and they all came out  with their AR-15s                                                                    
     - [indisc.]  not be  happy about  me being  there. They                                                                    
     invited me  in for coffee  and I  never drank a  cup of                                                                    
     coffee in my life but when  a guy with an AR-15 offered                                                                    
     me  coffee, by  golly, I  drank coffee.  [Indisc.]. But                                                                    
     that  was on  a mining  claim and  that was,  you know,                                                                    
     they  own the  rights to  mine there  but it  was state                                                                    
     land and  there was an X  on the strip and  I've always                                                                    
     understood  that  the Xs  on  the  strips mean  it's  a                                                                    
     private runway and I guess  I don't see anything in the                                                                    
     pack that talks about what the FAA guidelines are.                                                                         
                                                                                                                                
CHAIR  SEEKINS  said SB  345  will  make  it less  necessary  for                                                               
someone to put an X on a runway to preclude liability.                                                                          
                                                                                                                                
MR. MICHEL furthered that a person  with a 40-year lease does not                                                               
own  the airstrip  and  is not  required  to place  an  X on  the                                                               
runway.                                                                                                                         
                                                                                                                                
CHAIR  SEEKINS explained  that  someone  might put  an  X on  the                                                               
airstrip because  he or she knows  there is a good  reason to not                                                               
land on it, such as a ditch running across it.                                                                                  
                                                                                                                                
TAPE 04-27, SIDE B                                                                                                            
                                                                                                                                
CHAIR  SEEKINS summarized  that  SB 345  extends protection  from                                                               
liability from a natural person to  a LLC, a sub-S corporation, a                                                               
C corporation, or any other entity.                                                                                             
                                                                                                                                
SENATOR FRENCH  asked if SB 345  would not apply to  a group that                                                               
charges the public or charges itself.                                                                                           
                                                                                                                                
CHAIR SEEKINS clarified  that it would not apply to  a group that                                                               
charges a landing fee.                                                                                                          
                                                                                                                                
SENATOR   FRENCH  expressed   curiosity  about   Section  B   and                                                               
questioned  how large  of an  expansion of  the doctrine  this is                                                               
since it  used to be  restricted to private  land but it  will no                                                               
longer be, under  SB 345.  He asked if  the Alyeska airstrips are                                                               
on private land.                                                                                                                
                                                                                                                                
CHAIR SEEKINS  answered some are  on state-leased lands  and some                                                               
are on federal-leased lands. He added:                                                                                          
                                                                                                                                
     I  mean  what  we're  doing here,  Senator  French,  is                                                                    
     basically saying that  you may not be  the runway owner                                                                    
     but  you may  have  authority to  have  that runway  in                                                                    
     place and,  as such, if  you construct it  and maintain                                                                    
     it, etcetera,  you have no  civil liability  if someone                                                                    
     else   lands   there   unless,   through   your   gross                                                                    
     negligence,  you  knew  that  there was  a  hazard  and                                                                    
     didn't mark it.                                                                                                            
                                                                                                                                
SENATOR FRENCH  asked how many  runways will be affected  by this                                                               
bill.                                                                                                                           
                                                                                                                                
CHAIR  SEEKINS  estimated  hundreds,   and  said  they  are  very                                                               
valuable to pilots. He noted  he has used unmarked, owner unknown                                                               
runways when he  needed to put his plane down  in bad weather. He                                                               
does not believe  the owner of that runway should  be held liable                                                               
for any damage  done to his airplane because, "a  bear dug a hole                                                               
that he didn't  know about in the middle of  the runway." That is                                                               
the case now  if the runway is on private  land and under private                                                               
ownership.                                                                                                                      
                                                                                                                                
SENATOR FRENCH  asked whether any  outrageous lawsuits  have ever                                                               
been filed against runway owners, as envisioned by the bill.                                                                    
                                                                                                                                
MR.  MICHEL said  to his  knowledge, there  have only  been three                                                               
issues in the  state regarding some sort of lawsuit  in regard to                                                               
runways.  He pointed  out that  Representative Harris  introduced                                                               
                                           nd                                                                                   
the same legislation, HB 127, during the 22 legislature.                                                                        
                                                                                                                                
CHAIR SEEKINS  said SB 345 is  not intended to reduce  the number                                                               
of lawsuits but was introduced to  provide for a safer Alaska for                                                               
pilots  who  may  need  to   land  and  who  would  otherwise  be                                                               
restricted from doing so because of potential liability.                                                                        
                                                                                                                                
SENATOR FRENCH  asked how  an airstrip owner  would keep  a pilot                                                               
from using that airstrip in an emergency situation.                                                                             
                                                                                                                                
CHAIR SEEKINS replied:                                                                                                          
                                                                                                                                
     You can  still do  it but  what it  does is,  there are                                                                    
     times  when   private  owners  of  airstrips,   for  an                                                                    
     example, in  order to keep  from having  any liability,                                                                    
     will put  barrels in the  middle of their  runways, put                                                                    
     logs across the runways, mark  them to keep people from                                                                    
     being able to use them except  when they want to use it                                                                    
     and  remove   those  obstacles  because   of  potential                                                                    
     liability. There's no reason for them to do that now.                                                                      
                                                                                                                                
SENATOR  FRENCH  asked if  those  owners  can still  close  their                                                               
runways.                                                                                                                        
                                                                                                                                
CHAIR SEEKINS said they could.                                                                                                  
                                                                                                                                
SENATOR OGAN questioned language in  Section 3 that reads, "if it                                                               
is  marked closed  by placing  a large  X on  the runway  and, if                                                               
listed or charted as designated as closed...."                                                                                  
                                                                                                                                
CHAIR  SEEKINS said  the  owner  would notify  the  FAA that  the                                                               
runway is closed and then mark the runway.                                                                                      
                                                                                                                                
SENATOR  OGAN indicated  that  a  pilot that  lands  on a  closed                                                               
runway is doing so at his or her own risk.                                                                                      
                                                                                                                                
CHAIR SEEKINS  said the pilot  is also using  a runway at  his or                                                               
her own risk if the runway  is left open and maintained. He noted                                                               
that is a redundancy but it  will protect the owner after closing                                                               
the runway. He then took public testimony.                                                                                      
                                                                                                                                
MR.  TOM  GEORGE, representing  the  Aircraft  Owners and  Pilots                                                               
Association  (AOPA),  said AOPA's  interest  is  in preserving  a                                                               
healthy aviation  industry in Alaska, which  includes backcountry                                                               
airstrips.  AOPA  supports SB  345,  which  broadens the  current                                                               
statute.  The primary  focus of  the  statute is  to protect  the                                                               
backcountry airstrips, which pilots rely  on for access to remote                                                               
locations   in  Alaska.   The   bill   will  protect   companies,                                                               
corporations,  and  organizations  that  devote  their  time  and                                                               
resources  to   maintain  airstrips  without   compensation.  The                                                               
current  statute  only  applies  to an  individual  person.  AOPA                                                               
believes it is necessary to  use the broader definition of person                                                               
to include  other entities.  The other changes  made in  the work                                                               
draft clarify  what activities and cases  this protection applies                                                               
to.  AOPA believes  this is  a  good step  toward protecting  the                                                               
airstrips that provide access primarily to public lands.                                                                        
                                                                                                                                
In response to questions from  members, MR. GEORGE said the first                                                               
portion of  the bill will  provide protection from  liability for                                                               
people or  businesses that construct and  maintain airstrips. The                                                               
second portion of the statute  says that protection will continue                                                               
if  an  owner needs  to  close  the  airstrip  and does  so  with                                                               
specific markings  and notification  for the purpose  of updating                                                               
charts and records. That second  section provides protection from                                                               
limited liability  only to  private land.  AOPA believes  that to                                                               
provide  an incentive  to keep  airstrips  open, that  protection                                                               
should extend to  airstrips on public land.  The landowner, often                                                               
the  state, and  the  operator  should discuss  the  issue as  to                                                               
whether those  airstrips on  public land are  open or  closed. SB
345 does  not take  a stand  on that,  it only  says if  an owner                                                               
properly  notices  the  closure, protection  would  continue.  He                                                               
offered  to  answer questions  and  thanked  Senator Seekins  for                                                               
sponsoring the bill.                                                                                                            
                                                                                                                                
MR. FELIX  MCGUIRE, representing the Alaska  Airmen's Association                                                               
(AAA),  told  members  the  AAA  supports  SB  345,  particularly                                                               
because the AAA has been  unable to improve backcountry airstrips                                                               
because of the liability problem.                                                                                               
                                                                                                                                
With  no  further  participants,   CHAIR  SEEKINS  closed  public                                                               
testimony.                                                                                                                      
                                                                                                                                
SENATOR OGAN  moved CSSB 345(JUD) from  committee with individual                                                               
recommendations and its zero fiscal  note. Without objection, the                                                               
motion carried. He then announced a three-minute recess.                                                                        

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