Legislature(2007 - 2008)CAPITOL 17

05/10/2007 01:30 PM House TRANSPORTATION


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01:33:10 PM Start
01:33:16 PM SB139
01:43:20 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ SB 139 LIABILITY FOR AIRPORTS AND AIRSTRIPS TELECONFERENCED
Moved Out of Committee
-- Public Testimony --
                    ALASKA STATE LEGISLATURE                                                                                  
            HOUSE TRANSPORTATION STANDING COMMITTEE                                                                           
                          May 10, 2007                                                                                          
                           1:33 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Kyle Johansen, Chair                                                                                             
Representative Mark Neuman, Vice Chair                                                                                          
Representative Anna Fairclough                                                                                                  
Representative Craig Johnson                                                                                                    
Representative Vic Kohring                                                                                                      
Representative Woodie Salmon                                                                                                    
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Mike Doogan                                                                                                      
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
SPONSOR SUBSTITUTE FOR SENATE BILL NO. 139                                                                                      
"An Act repealing a limitation on the liability of certain                                                                      
airfield owners or operators."                                                                                                  
                                                                                                                                
     - MOVED SSSB 139 OUT OF COMMITTEE                                                                                          
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: SB 139                                                                                                                  
SHORT TITLE: LIABILITY FOR AIRPORTS AND AIRSTRIPS                                                                               
SPONSOR(s): SENATOR(s) OLSON                                                                                                    
                                                                                                                                
03/28/07       (S)       READ THE FIRST TIME - REFERRALS                                                                        
03/28/07       (S)       TRA                                                                                                    
04/12/07       (H)       TRA AT 1:30 PM CAPITOL 17                                                                              
04/18/07       (S)       SPONSOR SUBSTITUTE INTRODUCED-REFERRALS                                                                
04/18/07       (S)       TRA                                                                                                    
04/26/07       (H)       TRA AT 1:30 PM CAPITOL 17                                                                              
04/26/07       (S)       Moved SSSB 139 Out of Committee                                                                        
04/26/07       (S)       MINUTE(TRA)                                                                                            
04/27/07       (S)       TRA RPT   5DP                                                                                          
04/27/07       (S)       DP:     KOOKESH,    WILKEN,     COWDERY,                                                               
                         WIELECHOWSKI, OLSON                                                                                    
05/02/07       (S)       TRANSMITTED TO (H)                                                                                     
05/02/07       (S)       VERSION: SSSB 139                                                                                      
05/03/07       (H)       READ THE FIRST TIME - REFERRALS                                                                        
05/03/07       (H)       TRA                                                                                                    
05/10/07       (H)       TRA AT 1:30 PM CAPITOL 17                                                                              
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
SENATOR DONNY OLSON                                                                                                             
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Spoke as the sponsor of SSSB 139.                                                                        
                                                                                                                                
DAVE GRAY, Staff                                                                                                                
to Senator Donny Olson                                                                                                          
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:    Presented  SSSB  139  on  behalf  of  the                                                             
sponsor, Senator Olson.                                                                                                         
                                                                                                                                
TOM GEORGE, Alaska Representative                                                                                               
Aircraft Owners and Pilots Association (AOPA)                                                                                   
Fairbanks, Alaska                                                                                                               
POSITION STATEMENT:   Encouraged the committee's  support of SSSB
139.                                                                                                                            
                                                                                                                                
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
CHAIR  KYLE JOHANSEN  called  the  House Transportation  Standing                                                             
Committee  meeting  to  order at  1:33:10  PM.    Representatives                                                             
Johanson, Fairclough,  Johnson, Kohring, and Salmon  were present                                                               
at  the call  to order.    Representative Neuman  arrived as  the                                                               
meeting was in progress.                                                                                                        
                                                                                                                                
SB 139-LIABILITY FOR AIRPORTS AND AIRSTRIPS                                                                                   
                                                                                                                                
1:33:16 PM                                                                                                                    
                                                                                                                                
CHAIR JOHANSEN  announced that the  only order of  business would                                                               
be SPONSOR SUBSTITUTE FOR SENATE  BILL NO. 139, "An Act repealing                                                               
a  limitation on  the  liability of  certain  airfield owners  or                                                               
operators."                                                                                                                     
                                                                                                                                
1:33:23 PM                                                                                                                    
                                                                                                                                
SENATOR DONNY  OLSON, Alaska State  Legislature, sponsor  of SSSB
139, characterized SSSB 139 as  cleanup legislation.  He reminded                                                               
the  committee  that  the original  legislation  [addressing  the                                                               
liability  of  certain  airfield  owners]  included  a  confusing                                                               
section that lead to the introduction of SSSB 139.                                                                              
                                                                                                                                
1:34:17 PM                                                                                                                    
                                                                                                                                
DAVE   GRAY,  Staff   to  Senator   Donny  Olson,   Alaska  State                                                               
Legislature,  informed the  committee that  the committee  packet                                                               
should  include a  letter from  Tom George,  Aircraft Owners  and                                                               
Pilots Association,  who was a  principal sponsor of  the earlier                                                               
effort in 2004 for meaningful  limited liability legislation.  In                                                               
the earlier effort  there was broad support in the  Senate in the                                                               
House.   However, since the  legislation isn't doing what  it was                                                               
intended to do, some cleanup is necessary.                                                                                      
                                                                                                                                
The committee took an at-ease from 1:36:20 PM to 1:39:27 PM.                                                                
                                                                                                                                
1:39:38 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOHNSON said  he  wanted to  be  clear that  this                                                               
legislation doesn't  subject a  private owner  of an  airstrip to                                                               
any additional liability.                                                                                                       
                                                                                                                                
SENATOR OLSON clarified that the  intent of the legislation is to                                                               
ensure that private  airstrip owners are not  held liable, except                                                               
for gross  negligence.   He mentioned the  need to  encourage the                                                               
construction of more airports.                                                                                                  
                                                                                                                                
1:41:23 PM                                                                                                                    
                                                                                                                                
TOM  GEORGE, Alaska  Representative, Aircraft  Owners and  Pilots                                                               
Association (AOPA),  testified that  airports are  very important                                                               
to the  4,200 members of  AOPA in Alaska.   In addition  to those                                                               
airports operated  by DOT&PF, there are  many runways, airstrips,                                                               
and landing areas that provide access  across the state.  In many                                                               
cases, these  airstrips are maintained by  dedicated individuals,                                                               
groups,  or organizations  who volunteer  their time  and effort.                                                               
This  statute  is  intended  to  provide  some  limits  on  civil                                                               
liability  for  those  willing to  support  these  facilities  on                                                               
either public or  private land.  Although  significant gains were                                                               
made  with  the  passage  of  legislation  three  years  ago,  AS                                                               
09.65.093(b) has caused  confusion.  That portion  of the statute                                                               
lead [airstrip  owners] to believe  that they had to  close their                                                               
airstrip to  be protected, which  is the opposite of  the intent.                                                               
Therefore,  the change  proposed  in SSSB  139  would remove  the                                                               
language  causing  the  confusion   and  leave  the  emphasis  on                                                               
protection provided  by those willing to  construct, maintain, or                                                               
repair airfields on an uncompensated basis.  In conclusion, Mr.                                                                 
George encouraged the committee's support of SSSB 139.                                                                          
                                                                                                                                
1:42:46 PM                                                                                                                    
                                                                                                                                
CHAIR JOHANSEN, upon determining no one else wished to testify,                                                                 
closed public testimony.                                                                                                        
                                                                                                                                
1:42:58 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOHNSON moved to report SSSB 139 out of committee                                                                
with individual recommendations and the accompanying fiscal                                                                     
notes.  There being no objection, it was so ordered.                                                                            
                                                                                                                                
1:43:20 PM                                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no further business before the committee, the House                                                                 
Transportation Standing Committee meeting was adjourned at 1:43                                                                 
p.m.                                                                                                                            

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