Legislature(2007 - 2008)BUTROVICH 205

04/26/2007 01:30 PM Senate TRANSPORTATION


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
= SB 139 LIABILITY FOR AIRPORTS AND AIRSTRIPS
Moved SSSB 139 Out of Committee
= HB 126 FORMS/DOCUMENTS/RIGHTS RELATED TO DRIVING
Moved CSHB 126(JUD)(title am) Out
         SSSB 139-LIABILITY FOR AIRPORTS AND AIRSTRIPS                                                                      
                                                                                                                                
2:03:46 PM                                                                                                                    
CHAIR  KOOKESH called  the meeting  back to  order and  announced                                                               
SSSB 139 to be under consideration.                                                                                             
                                                                                                                                
DAVE GRAY,  staff to Senator  Olson, sponsor  of SB 139,  said in                                                               
2004 there  was an attempt  to correct difficulties  with limited                                                               
liability  for  private airports  that  pepper  the state,  which                                                               
ended up creating even more confusion.  SSSB 139 is an attempt to                                                               
correct these  difficulties by  repealing the  fee section  of AS                                                               
09.65.093.                                                                                                                      
                                                                                                                                
2:05:12 PM                                                                                                                    
SENATOR OLSON  said that the bill  came from a concern  raised in                                                               
past  legislatures  regarding  airport   liability.  He  gave  an                                                               
example of student pilot who lands  at a private airport and runs                                                               
off  the  runway.  This  is   done  without  permission.  It's  a                                                               
different story  if you  have permission.  He said  the confusion                                                               
came  from  the  Xs  on   the  runway,  which  according  to  FAA                                                               
regulations means it has been abandoned, not just closed.                                                                       
                                                                                                                                
2:08:05 PM                                                                                                                    
SENATOR COWDERY said  that he is still a licensed  pilot and said                                                               
the instrumentation on  his last plane had a button  to push that                                                               
indicated  exactly  where the  closest  airfield  was. It  didn't                                                               
differentiate between  private or public;  it's where you  had to                                                               
go or you  would crash. He asked if that  was a common occurrence                                                               
for airplanes.                                                                                                                  
                                                                                                                                
SENATOR  OLSON  replied no;  said  that  emergency functions  are                                                               
available in current GPS systems.                                                                                               
                                                                                                                                
2:09:18 PM                                                                                                                    
SENATOR   COWDERY  commented   further   on  aircraft   emergency                                                               
equipment.                                                                                                                      
                                                                                                                                
2:09:55 PM                                                                                                                    
MR. GRAY related  a personal story about flying with  a pilot out                                                               
of Kotzebue who had a rough engine  and had to look for any place                                                               
to land and finally made it back to a place southeast of Nome.                                                                  
                                                                                                                                
2:10:43 PM                                                                                                                    
TOM  GEORGE, Aircraft  Owners and  Pilots  Association, said  the                                                               
state  has many  little  airstrips  and in  many  cases they  are                                                               
maintained by dedicated individuals,  groups or organizations who                                                               
volunteer  their time  and efforts.  This statute  was originally                                                               
intended  to  provide  limits  on   civil  liability  for  people                                                               
supporting rural  runways either  on public  or private  land. He                                                               
worked  with the  legislature a  couple of  years ago  to improve                                                               
this statute,  which passed  with overwhelming  support. However,                                                               
language in  section (b)  caused a  lot of  confusion and  it led                                                               
people to  think they had to  close the runways to  be protected.                                                               
That is  exactly the opposite  of the  intent. He said  this bill                                                               
seeks  to remove  that language  and leaves  the emphasis  on the                                                               
protection provided  by people who  are willing to  construct and                                                               
maintain airstrips on an uncompensated basis.                                                                                   
                                                                                                                                
2:12:29 PM                                                                                                                    
SENATOR  WIELECHOWSKI asked  what the  difference is  between (a)                                                               
and (b) right now.                                                                                                              
                                                                                                                                
MR.  GEORGE clarified  that section  (b)  used to  be limited  to                                                               
private use airports.  It said the limitation  of liability would                                                               
continue if  you closed the airport  by doing the items  that are                                                               
listed in parts  (1) and (2). When it was  changed two years ago,                                                               
the  differences were  removed, which  caused the  confusion. The                                                               
real emphasis here is section  (a) which buys protection; section                                                               
(b)  was  originally  there because  of  the  difference  between                                                               
public  and  private and  that  has  become irrelevant  from  his                                                               
perspective.                                                                                                                    
                                                                                                                                
SENATOR WIELECHOWSKI  asked for the practical  effect of removing                                                               
section (b).                                                                                                                    
                                                                                                                                
MR. GEORGE replied  that it simply removes  confusion; it doesn't                                                               
change anything else.                                                                                                           
                                                                                                                                
2:14:35 PM                                                                                                                    
SENATOR  COWDERY moved  to report  SSSB 139  from committee  with                                                               
individual  recommendations and  attached  fiscal note(s).  There                                                               
being no objection, it was so ordered.                                                                                          

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