Legislature(2003 - 2004)
03/16/2004 01:35 PM Senate TRA
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* first hearing in first committee of referral
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+ teleconferenced
= bill was previously heard/scheduled
ALASKA STATE LEGISLATURE
SENATE TRANSPORTATION STANDING COMMITTEE
March 16, 2004
1:35 p.m.
TAPE(S) 04-12
MEMBERS PRESENT
Senator John Cowdery, Co-Chair
Senator Thomas Wagoner, Co-Chair
Senator Gene Therriault
MEMBERS ABSENT
Senator Georgianna Lincoln
Senator Donny Olson
COMMITTEE CALENDAR
SENATE BILL NO. 345
"An Act relating to civil liability associated with aircraft
runways, airfields, and landing areas."
MOVED SB 345 OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: SB 345
SHORT TITLE: LIABILITY FOR AIRPORTS AND AIRSTRIPS
SPONSOR(s): SENATOR(s) SEEKINS
02/16/04 (S) READ THE FIRST TIME - REFERRALS
02/16/04 (S) TRA, JUD
03/16/04 (H) TRA AT 1:30 PM CAPITOL 17
WITNESS REGISTER
MR. JOE MICHEL
Staff to Senator Seekins
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Presented SB 345 for sponsor.
MR. TOM GEORGE
Aircraft Owners and Pilots Association (AOPA)
POSITION STATEMENT: Supports SB 345.
SENATOR RALPH SEEKINS
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Sponsor of SB 345.
ACTION NARRATIVE
TAPE 04-12, SIDE A
CO-CHAIR JOHN COWDERY called the Senate Transportation Standing
Committee meeting to order at 1:35 p.m. Present at the call to
order was Senator Therriault, Co-Chair Wagoner, and Co-Chair
Cowdery. Also present was Senator Seekins.
SB 345-LIABILITY FOR AIRPORTS AND AIRSTRIPS
The committee took up SB 345.
MR. JOE MICHEL, Staff to Senator Seekins, testified that SB 345
removes the word "natural" so that the bill reads, "A person who
without compensation maintains or repairs an aircraft runway,
airfield...." He drew attention to the distinction between a
natural person, an artificial person (created by law) and just a
person. "Under AS 01.10.060 the definition of 'person' includes
a corporation, company partnership, firm, association,
organization, business trust, or society, as well as a natural
person." Everything else in the bill remains the same, he
stated. Mr. Michel explained that the purpose of SB 345 is to
offer civil liability protection to those who maintain airfields
or landing areas for no compensation.
MR. TOM GEORGE, representing the Aircraft Owners and Pilots
Association (AOPA), testified via teleconference in support of
SB 345. He said AOPA's membership is over 400,000 nationally,
4,600 in Alaska, and the organization's interest is in
preserving a healthy aviation infrastructure in Alaska, which
includes backcountry airstrips. He said SB 345 broadens the
current statute that limits civil liability on aircraft runways
for companies, corporations, and organizations that devote time
and resources to help maintain airstrips in Alaska. He said the
broader definition is necessary so that it includes mining
companies, lodges, and aviation associations. The state is
already struggling to maintain airports and other transportation
infrastructure in Alaska and placing reasonable limits on civil
liability should provide an incentive for these entities to
perform maintenance, particularly on backcountry airstrips.
AOPA sees SB 345 as a step towards protecting airstrips that
provide access to public lands. Most backcountry airstrips used
today were developed initially for some industrial application
such as mineral exploration, and were abandoned when the
industrial use was finished. Providing protection for liability
will help to keep airstrips usable in years to come.
CO-CHAIR COWDERY wondered about a bill in the 1980s that
pertained to a scenario such as flying in a bush area, stopping
for fuel in McGrath for example, picking up a passenger wanting
a ride to Anchorage, and then trying to waive the liability
involved.
SENATOR RALPH SEEKINS responded that a bill passed last year
pertaining to a person being notified that the carrier does not
have insurance before he/she gets on the aircraft. In that
case, there is no liability to the person who is carrying that
other person, if it's not for hire. That is, today in Alaska,
if someone gets into a person's boat or airplane and he/she
says, "I don't have any insurance to cover you" then "you are
traveling at your own risk."
CO-CHAIR WAGONER moved to report SB 345 out of committee with
individual recommendations and the attached fiscal note.
CO-CHAIR COWDERY acknowledged there were no objections and it
was so ordered.
There being no further business before the committee, the Senate
Transportation Standing Committee was adjourned at approximately
1:48 p.m.
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