Legislature(1997 - 1998)

01/28/1997 01:35 PM Senate TRA

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
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         SB   8 AIRPORT/SHOOTING FACILITY NOISE LEVELS                        
                                                                              
 Number 309                                                                    
                                                                               
  CHAIRMAN WARD  announced that  SB 8  was the next order of business          
 before the committee.                                                         
                                                                               
  BRETT HUBER , Staff to Senator Halford, noted that the sponsor               
 statement, a zero fiscal note, sectional analysis, and letters of             
 support were included in the committee packet.  SB 8 was introduced           
 in order to protect existing shooting ranges and private airports             
 from nuisance lawsuits based on noise level.  Although this has not           
 yet been a significant problem in Alaska, many sport shooting                 
 ranges and private airports in the Lower 48 have found themselves             
 in such lawsuits.                                                             
                                                                               
 Mr. Huber noted that this issue was addressed in the 19th                     
 Legislature with the passage of SB 274.  SB 274 passed by a wide              
 margin, but was ultimately vetoed.  The National Rifle Association,           
 Alaska Air Carriers Association, the Alaska Outdoor Council, Alaska           
 Boating Association, and the Alaska Airmen's Association have                 
 endorsed SB 8.                                                                
                                                                               
  SENATOR LINCOLN  was interested in Senator Halford's response to the         
 Governor's veto letter from last year.  The letter said that with             
 such legislation the state would usurp a control traditionally                
 belonging to municipal authorities.  Further, the AMU noted in its            
 opposition statement that the state should not restrict the                   
 enforcement of municipal ordinances.  Senator Lincoln expressed               
 support of local control.                                                     
                                                                               
  SENATOR HALFORD  pointed out that the municipal authorities are              
 created by the state and are limited in numerous ways.  With                  
 regards to noise, there is a statewide preemption.  There are many            
 areas in which the state in representing the whole do not allow               
 municipal intervention in the regulatory structure.                           
                                                                               
 Number 352                                                                    
                                                                               
  SENATOR LINCOLN  asked if this was in the municipality's power in            
 this case.   SENATOR HALFORD  explained that two issues are at hand,          
 civil and criminal action by lawsuit, and action by the                       
 municipality itself.  In other jurisdictions, people move into an             
 area with an established facility operating and decide to sue to              
 close the operation.  Senator Halford noted that this does not                
 preclude the municipality's ability for reasons of public safety,             
 zoning, or the other municipal powers to represent its                        
 constituency.  This legislation means that a municipality cannot              
 close a facility existing prior to the action of the municipality             
 or the individual suing merely on the basis of noise.                         
                                                                               
  SENATOR LINCOLN  noted the concern with the hearing process that the         
 general public was not able to participate in the hearings.  The              
 Alaska Municipal League (AML) will be meeting soon on this                    
 legislation.  Senator Lincoln wanted to allow the public to                   
 participate in the hearing process.                                           
                                                                               
  SENATOR HALFORD  expressed shock that Governor Knowles felt the bill         
 last year did not have a sufficient review.  Last year, the bill              
 passed through more than one committee in the Senate and the House            
 and all of the proper notices and readings.  Senator Halford                  
 indicated that this issue was raised by AML at the last minute.               
                                                                               
 Number 391                                                                    
                                                                               
  ROBERT REGES , Assistant Attorney General with the Department of             
 Law, informed the committee that he had tracked this bill last                
 year, but had not yet conferred with his clients on this.  With               
 regards to the municipality still having power to regulate noise              
 and other issues for purposes of public health.  If that was the              
 statement, the Department of Law would suggest an amendment to the            
 language on page 2, lines 22-24.                                              
                                                                               
  SENATOR HALFORD  clarified that he stated that municipalities could          
 regulate for health purposes, public safety, zoning, or all other             
 purposes.  He did not mean to imply that a municipality could                 
 regulate for noise and those other purposes together.                         
                                                                               
  SENATOR LINCOLN  inquired as to Mr. Reges' interpretation of that            
 section in the bill.   ROBERT REGES  interpreted the language on page         
 2, lines 22-24 to prohibit any regulation based on noise whether in           
 whole or part.   SENATOR HALFORD  said that was intended.                     
                                                                               
  SENATOR LINCOLN  asked why that was intended.   SENATOR HALFORD              
 reiterated that this legislation would only apply to a facility               
 that was established before there were any regulations or change of           
 regulations.                                                                  
                                                                               
  SENATOR LINCOLN  asked for an example to illustrate why this                 
 legislation would be necessary.   SENATOR HALFORD  posed the                  
 following scenario.  An influential individual moves into a                   
 community off the end of an airport, they do not like the noise.              
 The individual moves through the process, making contributions,               
 supporting candidates and controlling the assembly in order to get            
 an ordinance to close an airport that existed before the individual           
 resided in that area.                                                         
                                                                               
 Number 437                                                                    
                                                                               
  KEVIN RITCHIE , Executive Director of the Alaska Municipal League            
 (AML), informed the committee that AML's legislative committee                
 would be meeting on this bill.  He offered to work with the                   
 committee and the sponsor on the bill.                                        
                                                                               
  SENATOR HALFORD  inquired as to why AML did not raise any issue with         
 the bill last year after the bill had extensive consideration.                
                                                                               
  KEVIN RITCHIE  agreed that the bill had gone through the process.            
 The bill was not identified as an issue to municipal governments.             
 After the passage of the bill, some municipalities expressed                  
 concern.  Mr. Ritchie stated that AML did not have a position on              
 the bill at this time.                                                        
                                                                               
  SENATOR HALFORD  moved to report SB 8 out of committee with                  
 individual recommendations and attached fiscal notes.                         
                                                                               
  SENATOR LINCOLN  objected.  Due to the fact that AML will be meeting         
 on the bill as well as the fact that the bill only goes to Senate             
 Resources after this, perhaps the bill could be held in order to              
 hear from AML.                                                                
                                                                               
  CHAIRMAN WARD  requested that a roll call vote be taken.  Upon a             
 roll call vote, Senators Ward, Wilken, Green and Halford voted                
 "Yea" and Senator Lincoln voted "Nay".  Therefore, SB 8 was                   
 reported out of committee.                                                    

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