Legislature(1997 - 1998)
01/28/1997 01:35 PM Senate TRA
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SB 8 AIRPORT/SHOOTING FACILITY NOISE LEVELS
Number 309
CHAIRMAN WARD announced that SB 8 was the next order of business
before the committee.
BRETT HUBER , Staff to Senator Halford, noted that the sponsor
statement, a zero fiscal note, sectional analysis, and letters of
support were included in the committee packet. SB 8 was introduced
in order to protect existing shooting ranges and private airports
from nuisance lawsuits based on noise level. Although this has not
yet been a significant problem in Alaska, many sport shooting
ranges and private airports in the Lower 48 have found themselves
in such lawsuits.
Mr. Huber noted that this issue was addressed in the 19th
Legislature with the passage of SB 274. SB 274 passed by a wide
margin, but was ultimately vetoed. The National Rifle Association,
Alaska Air Carriers Association, the Alaska Outdoor Council, Alaska
Boating Association, and the Alaska Airmen's Association have
endorsed SB 8.
SENATOR LINCOLN was interested in Senator Halford's response to the
Governor's veto letter from last year. The letter said that with
such legislation the state would usurp a control traditionally
belonging to municipal authorities. Further, the AMU noted in its
opposition statement that the state should not restrict the
enforcement of municipal ordinances. Senator Lincoln expressed
support of local control.
SENATOR HALFORD pointed out that the municipal authorities are
created by the state and are limited in numerous ways. With
regards to noise, there is a statewide preemption. There are many
areas in which the state in representing the whole do not allow
municipal intervention in the regulatory structure.
Number 352
SENATOR LINCOLN asked if this was in the municipality's power in
this case. SENATOR HALFORD explained that two issues are at hand,
civil and criminal action by lawsuit, and action by the
municipality itself. In other jurisdictions, people move into an
area with an established facility operating and decide to sue to
close the operation. Senator Halford noted that this does not
preclude the municipality's ability for reasons of public safety,
zoning, or the other municipal powers to represent its
constituency. This legislation means that a municipality cannot
close a facility existing prior to the action of the municipality
or the individual suing merely on the basis of noise.
SENATOR LINCOLN noted the concern with the hearing process that the
general public was not able to participate in the hearings. The
Alaska Municipal League (AML) will be meeting soon on this
legislation. Senator Lincoln wanted to allow the public to
participate in the hearing process.
SENATOR HALFORD expressed shock that Governor Knowles felt the bill
last year did not have a sufficient review. Last year, the bill
passed through more than one committee in the Senate and the House
and all of the proper notices and readings. Senator Halford
indicated that this issue was raised by AML at the last minute.
Number 391
ROBERT REGES , Assistant Attorney General with the Department of
Law, informed the committee that he had tracked this bill last
year, but had not yet conferred with his clients on this. With
regards to the municipality still having power to regulate noise
and other issues for purposes of public health. If that was the
statement, the Department of Law would suggest an amendment to the
language on page 2, lines 22-24.
SENATOR HALFORD clarified that he stated that municipalities could
regulate for health purposes, public safety, zoning, or all other
purposes. He did not mean to imply that a municipality could
regulate for noise and those other purposes together.
SENATOR LINCOLN inquired as to Mr. Reges' interpretation of that
section in the bill. ROBERT REGES interpreted the language on page
2, lines 22-24 to prohibit any regulation based on noise whether in
whole or part. SENATOR HALFORD said that was intended.
SENATOR LINCOLN asked why that was intended. SENATOR HALFORD
reiterated that this legislation would only apply to a facility
that was established before there were any regulations or change of
regulations.
SENATOR LINCOLN asked for an example to illustrate why this
legislation would be necessary. SENATOR HALFORD posed the
following scenario. An influential individual moves into a
community off the end of an airport, they do not like the noise.
The individual moves through the process, making contributions,
supporting candidates and controlling the assembly in order to get
an ordinance to close an airport that existed before the individual
resided in that area.
Number 437
KEVIN RITCHIE , Executive Director of the Alaska Municipal League
(AML), informed the committee that AML's legislative committee
would be meeting on this bill. He offered to work with the
committee and the sponsor on the bill.
SENATOR HALFORD inquired as to why AML did not raise any issue with
the bill last year after the bill had extensive consideration.
KEVIN RITCHIE agreed that the bill had gone through the process.
The bill was not identified as an issue to municipal governments.
After the passage of the bill, some municipalities expressed
concern. Mr. Ritchie stated that AML did not have a position on
the bill at this time.
SENATOR HALFORD moved to report SB 8 out of committee with
individual recommendations and attached fiscal notes.
SENATOR LINCOLN objected. Due to the fact that AML will be meeting
on the bill as well as the fact that the bill only goes to Senate
Resources after this, perhaps the bill could be held in order to
hear from AML.
CHAIRMAN WARD requested that a roll call vote be taken. Upon a
roll call vote, Senators Ward, Wilken, Green and Halford voted
"Yea" and Senator Lincoln voted "Nay". Therefore, SB 8 was
reported out of committee.
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