SB 100: "An Act relating to the regulation of aeronautics and communications and to civil liability relating to aircraft runways, airfields, and landing areas."
00 SENATE BILL NO. 100 01 "An Act relating to the regulation of aeronautics and communications and to civil 02 liability relating to aircraft runways, airfields, and landing areas." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 02.10.010 is amended to read: 05 Sec. 02.10.010. Supervision over aeronautics [AND 06 COMMUNICATION]. (a) The Department of Transportation and Public 07 Facilities [DEPARTMENT] shall supervise aeronautics [AND 08 COMMUNICATIONS] inside the state, and shall make recommendations for the 09 establishment, location, maintenance, operation, and use of airports, landing fields, air 10 markings, air beacons, and other navigation facilities [, AND FOR THE 11 ESTABLISHMENT, OPERATION, MANAGEMENT, AND EQUIPMENT OF ALL 12 AIR SCHOOLS, FLYING CLUBS, AND OTHER PERSONS GIVING AIR 13 INSTRUCTION]. 14 (b) The department shall, whenever it considers the action necessary in the
01 interest of general safety or the safety of those engaged in aeronautics, adopt 02 regulations establishing minimum standards with which all air navigation facilities [, 03 AIR SCHOOLS, AND FLYING CLUBS] shall comply, and shall adopt and enforce 04 regulations to safeguard from accident and to protect the safety of persons operating or 05 using aircraft and persons and property on the ground, and to develop and promote 06 aeronautics [AND COMMUNICATIONS] in the state. However, the regulations may 07 not duplicate or conflict with the aeronautical [AND COMMUNICATIONS] 08 regulations adopted [IN FORCE] by the United States Department of Commerce 09 [OF THE UNITED STATES, THE FEDERAL COMMUNICATIONS 10 COMMISSION OR THE PROVISIONS OF THE FEDERAL AIR COMMERCE 11 ACT OF 1926]. 12 * Sec. 2. AS 02.10.010 is amended by adding a new subsection to read: 13 (c) The department shall adopt regulations governing the proper protection of 14 the records of the proceedings of the department and the filing and publicizing of its 15 regulations so that they are accessible to and generally known by the interested public. 16 * Sec. 3. AS 02.30.030(a) is amended to read: 17 (a) A person may not operate an aircraft in the air or on the ground or water in 18 [VIOLATION OF AS 28.35.030, NOR OPERATE AN AIRCRAFT IN THE AIR OR 19 ON THE GROUND OR WATER IN] a careless or reckless manner so as to endanger 20 the life or property of another. In a proceeding charging careless or reckless operation 21 of aircraft in violation of this section, the court, in determining whether the operation 22 was careless or reckless, shall consider the standards for safe operation of aircraft 23 prescribed by federal statutes or regulations governing aeronautics. 24 * Sec. 4. AS 02.30.030(b) is amended to read: 25 (b) A person may not operate an aircraft occupied by a crew member or 26 passenger who is obviously under the influence of intoxicating liquor or a controlled 27 substance [HABIT-FORMING DRUGS]. 28 * Sec. 5. AS 02.30.040 is amended to read: 29 Sec. 02.30.040. Penalties. A person violating a provision of this chapter is 30 guilty of a misdemeanor and upon conviction is punishable by a fine of not more than 31 $500 [UNLESS THAT PERSON IS CONVICTED OF A VIOLATION OF
01 AS 28.35.030, IN WHICH CASE THE SENTENCE SHALL BE IN ACCORDANCE 02 WITH AS 28.35.030]. 03 * Sec. 6. AS 02.35.110(a) is repealed and reenacted to read: 04 (a) An airman may not make a flight inside the state unless the aircraft is 05 equipped with the following emergency equipment: one axe or hatchet, two small 06 boxes of matches, and one sleeping bag. 07 * Sec. 7. AS 09.65 is amended by adding a new section to read: 08 Sec. 09.65.093. Civil liability relating to aircraft runways, airfields, and 09 landing areas. (a) A person who maintains or repairs an aircraft runway, airfield, or 10 landing area without compensation may not be held civilly liable, except for an act or 11 omission that constitutes gross negligence or recklessness or intentional misconduct, 12 for the injury to or death of a person resulting from the use of the runway, airfield, or 13 landing area to take off, land, or operate an aircraft. 14 (b) The owner or operator of an aircraft runway, airfield, or landing area is not 15 civilly liable, except for an act or omission that constitutes gross negligence or 16 recklessness or intentional misconduct, for the injury to or the death of a person 17 resulting from the use or attempted use of the runway, airfield, or landing area while 18 the runway, airfield, or landing area is closed and is marked as closed by signs or with 19 recognized "runway closed" markings. 20 * Sec. 8. AS 11.46.130(b)(2) is amended to read: 21 (2) "aircraft safety or survival equipment" means equipment required 22 to be carried on an aircraft under [AS 02.30.010 OR] AS 02.35.110; 23 * Sec. 9. AS 02.10.020, 02.10.030, 02.10.040, 02.10.060, 02.10.070, 02.10.080, 02.10.090; 24 AS 02.15.010(1), 02.15.050(d), 02.15.170, 02.15.205, 02.15.220(b), 02.15.225; 25 AS 02.20.010, 02.20.020, 02.20.030, 02.20.040, 02.20.050, 02.20.060, 02.20.070; 26 AS 02.25.080; AS 02.30.010, 02.30.030(c), 02.30.030(d); AS 02.35.010, 02.35.050, 27 02.35.060, 02.35.070, 02.35.080, 02.35.100, 02.35.110(b), 02.35.115, 02.35.120, and 28 02.35.140 are repealed. 29 * Sec. 10. The uncodified law of the State of Alaska is amended by adding a new section to 30 read: 31 APPLICABILITY. Section 7 of this Act applies to a civil action that accrues on or
01 after the effective date of this Act.