00SENATE BILL NO. 8                                                                                                       
01 "An Act relating to the noise levels of airports and sport shooting facilities."                                        
02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
03    * Section 1.  AS 34 is amended by adding a new chapter to read:                                                      
04 Chapter 75.  Noise Levels of Sport Shooting                                                                             
05 Facilities and Private Airport Facilities.                                                                              
06  Sec. 34.75.010.  Limitation on actions arising from noise level.  (a)                                                 
07 Notwithstanding AS 09.45.230, AS 11.61.110, and any other state or municipal law,                                       
08 except (b) of this section and except as may be otherwise provided by federal law, a                                    
09 person may not bring a civil or criminal action against a person who operates or uses                                   
10 a sport shooting facility or a private airport facility if the action arises out of the noise                           
11 level resulting from the normal operation or use of the facility and if the facility                                    
12   (1)  was established or began operation before any noise control law                                                 
13 applied to the facility; or                                                                                             
14   (2)  complies with the noise control laws that applied to the facility                                               

01 when the facility was established or began operation.                                                                   
02  (b)  The prohibition in (a) of this section does not apply to an action that arises                                   
03 out of                                                                                                                  
04   (1)  a contract; or                                                                                                  
05   (2)  a personal injury suffered by a person while on the premises of the                                             
06 facility.                                                                                                               
07  (c)  Except as may be otherwise provided by federal law, even if otherwise                                            
08 allowed by (a) and (b) of this section, a person may not bring a nuisance action for                                    
09 noise level against a facility located in the vicinity of the person's property if the                                  
10 facility was established before the person acquired the property, unless the facility                                   
11 substantially changes the use of the facility after the person acquires the property.                                   
12   Sec. 34.75.020.  Time limitation on nuisance actions.  Except as may                                                 
13 otherwise be provided by federal law, a person may not bring a nuisance action                                          
14 otherwise allowed under this chapter for the level of noise against a facility unless the                               
15 action is brought within five years after the facility is established or begins operation                               
16 or, if the action is brought after a substantial change in the use of the facility, within                              
17 three years after the substantial change.  In this section, "established" includes                                      
18 resuming shooting activity at a sport shooting facility if there has not been shooting                                  
19 activity at the facility for three or more years, or resuming airport activity at a private                             
20 airport facility if there has not been airport activity at the facility for three or more                               
21 years.                                                                                                                  
22  Sec. 34.75.030.  State and municipal regulation.  (a)  Notwithstanding                                                
23 AS 02.15.020 and AS 02.25.020, the state or a municipality may not regulate the                                         
24 outdoor level of noise at a facility if the facility is exempt from a criminal or civil                                 
25 action under AS 34.75.010(a).                                                                                           
26  (b)  Except as otherwise provided in this chapter, a municipality may regulate                                        
27 the noise level produced by a facility.                                                                                 
28  Sec. 34.75.090.  Definitions.  In this chapter, unless the context indicates                                          
29 otherwise,                                                                                                              
30   (1)  "airport facility" means an area of land or water that is used or                                               
31 intended for use for the landing and takeoff of aircraft, including appurtenant areas that                              

01 are used or intended for use as airport buildings or rights-of-way; in this paragraph,                                  
02 "aircraft" includes fixed-wing and rotor aircraft;                                                                      
03   (2)  "facility" means a sport shooting facility or a private airport facility;                                       
04   (3)  "law" means a state statute or regulation or an ordinance of a                                                  
05 municipality;                                                                                                           
06   (4)  "person" includes the state, a state agency, and a municipality;                                                
07   (5)  "private" means an airport that is privately owned and operated;                                                
08 airports owned, operated, or leased by the state, a municipality, or a political                                        
09 subdivision of the state or a local government are considered public airports;                                          
10   (6)  "sport shooting facility" means real property operated for the use                                              
11 of rifles, shotguns, pistols, silhouettes, skeet, trap, black powder, archery, or similar                               
12 activity related to sport shooting.                                                                                     
13    * Sec. 2.  AS 34.75.010, enacted by sec. 1 of this Act, does not prohibit                                            
14   (1)  the bringing of civil actions for causes of action that accrue before the                                        
15 effective date of this Act; or                                                                                          
16   (2)  the prosecution of criminal actions for activity that occurs before the                                          
17 effective date of this Act.