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Enrolled HB 474: Relating to civil liability associated with aircraft runways, airfields, and landing areas.

00Enrolled HB 474 01 Relating to civil liability associated with aircraft runways, airfields, and landing areas. 02 _______________ 03 * Section 1. AS 09.65.093 is amended to read: 04 Sec. 09.65.093. Civil liability relating to aircraft runways, airfields, and 05 landing areas. (a) Except as provided in (c) of this section, a [A NATURAL] 06 person who without compensation constructs, maintains, or repairs an aircraft 07 runway, airfield, or landing area may not be held civilly liable, except for an act or 08 omission that constitutes gross negligence or recklessness or intentional misconduct, 09 for the injury to or death of a person or for damage to an aircraft, resulting from the 10 use of the runway, airfield, or landing area to take off, land, park, or operate an 11 aircraft. 12 (b) A [NATURAL] person who is the owner or operator of an aircraft runway, 13 airfield, or landing area [THAT IS LOCATED ON PRIVATE LAND] is not civilly

01 liable, except for an act or omission that constitutes gross negligence or recklessness 02 or intentional misconduct, for the injury to or the death of a person or for damage to an 03 aircraft, resulting from the use or attempted use of the runway, airfield, or landing area 04 to take off, land, park, or operate an aircraft while the runway, airfield, or landing 05 area is 06 (1) marked as closed by placement of a large "X" on the runway, in 07 accordance with Federal Aviation Administration guidelines [THAT IS READILY 08 VISIBLE FROM THE AIR]; and 09 (2) listed or charted, and designated as closed in the appropriate 10 aeronautical charts and publications published by the Federal Aviation Administration. 11 * Sec. 2. AS 09.65.093 is amended by adding a new subsection to read: 12 (c) The immunity from civil liability under (a) of this section does not limit 13 the liability of an owner or operator of an aircraft runway, airfield, or landing area to a 14 provider of flight services or its passengers under contract with the owner or operator.