Legislature(2003 - 2004)
03/26/2004 08:06 AM Senate JUD
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
SB 345-LIABILITY FOR AIRPORTS AND AIRSTRIPS
MR. JOE MICHEL, legislative aide to Senator Ralph Seekins,
sponsor of the measure, explained that SB 345 is a short bill
that makes one major change to one section of statute. It
removes the word "natural" from the phrase "a natural person."
The intent of [the original legislation] was to provide
protection from civil liability to a natural person, meaning a
human being, who clears or cleans an airfield in a rural area to
prepare it for landing. According to Black's Law Dictionary, the
definition of a natural person is a human being as distinguished
from an artificial person created by law. In contrast, a person,
as defined in Alaska statute, includes a corporation, company,
partnership, firm, association, organization, business trust or
society, as well as a natural person. SB 345 would provide
liability protection to all types of businesses, corporations
and organizations that want to maintain an airstrip for no
compensation. This would not apply to airports or corporations
that charge for aircraft landings on their runways. He noted the
Alaska Miners Association endorses SB 345 because a number of
miners maintain airstrips to access their mines.
CHAIR SEEKINS announced that a proposed committee substitute,
version D, was before the committee.
SENATOR THERRIAULT moved to adopt version D as the working
document before the committee.
CHAIR SEEKINS announced that without objection, version D was
before the committee.
SENATOR OGAN asked if this applies only to the group that
maintains the airstrip, no matter who owns the land and how SB
345 would affect a runway on state land.
MR. MICHEL replied:
Yes, Senator Ogan, that was one of the changes that
provided for the new work draft. In Section B, the
words that were taken out, that said, 'that is located
on private land' - and the reason that was taken out
was the Alaska Miners Association and other people
expressed concerns about the mines up there on state
lands that are on 40-year land leases and such things
like that.
SENATOR OGAN questioned whether an airstrip on state-owned land
could be closed by putting an X on it, even though it is public
domain.
MR. MICHEL referred to Section B, and noted the addition of "in
accordance with FAA guidelines" because an X can mean different
things depending on the color, etcetera, so this bill will use
the FAA definitions of a closed airfield.
SENATOR OGAN asked whether that will mean if an airstrip has an
X on it that follows the FAA guidelines, no one else can use it.
MR. MICHEL replied, "...Not so much that they can't use it, but
as a person who owns and operates that landing area, that's
protecting them from civil liability. It's a notification to the
pilot in the air that, you know, this runway is closed for some
reason."
SENATOR OGAN commented:
...with an X and I was running out of fuel and I was
lost and I'm really lost but I just didn't have a lot
of fuel to - I needed to know the quickest route back
and I land on these guys' strip - these miners' strip
that had an X and they all came out with their AR-15s
- [indisc.] not be happy about me being there. They
invited me in for coffee and I never drank a cup of
coffee in my life but when a guy with an AR-15 offered
me coffee, by golly, I drank coffee. [Indisc.]. But
that was on a mining claim and that was, you know,
they own the rights to mine there but it was state
land and there was an X on the strip and I've always
understood that the Xs on the strips mean it's a
private runway and I guess I don't see anything in the
pack that talks about what the FAA guidelines are.
CHAIR SEEKINS said SB 345 will make it less necessary for
someone to put an X on a runway to preclude liability.
MR. MICHEL furthered that a person with a 40-year lease does not
own the airstrip and is not required to place an X on the
runway.
CHAIR SEEKINS explained that someone might put an X on the
airstrip because he or she knows there is a good reason to not
land on it, such as a ditch running across it.
TAPE 04-27, SIDE B
CHAIR SEEKINS summarized that SB 345 extends protection from
liability from a natural person to a LLC, a sub-S corporation, a
C corporation, or any other entity.
SENATOR FRENCH asked if SB 345 would not apply to a group that
charges the public or charges itself.
CHAIR SEEKINS clarified that it would not apply to a group that
charges a landing fee.
SENATOR FRENCH expressed curiosity about Section B and
questioned how large of an expansion of the doctrine this is
since it used to be restricted to private land but it will no
longer be, under SB 345. He asked if the Alyeska airstrips are
on private land.
CHAIR SEEKINS answered some are on state-leased lands and some
are on federal-leased lands. He added:
I mean what we're doing here, Senator French, is
basically saying that you may not be the runway owner
but you may have authority to have that runway in
place and, as such, if you construct it and maintain
it, etcetera, you have no civil liability if someone
else lands there unless, through your gross
negligence, you knew that there was a hazard and
didn't mark it.
SENATOR FRENCH asked how many runways will be affected by this
bill.
CHAIR SEEKINS estimated hundreds, and said they are very
valuable to pilots. He noted he has used unmarked, owner unknown
runways when he needed to put his plane down in bad weather. He
does not believe the owner of that runway should be held liable
for any damage done to his airplane because, "a bear dug a hole
that he didn't know about in the middle of the runway." That is
the case now if the runway is on private land and under private
ownership.
SENATOR FRENCH asked whether any outrageous lawsuits have ever
been filed against runway owners, as envisioned by the bill.
MR. MICHEL said to his knowledge, there have only been three
issues in the state regarding some sort of lawsuit in regard to
runways. He pointed out that Representative Harris introduced
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the same legislation, HB 127, during the 22 legislature.
CHAIR SEEKINS said SB 345 is not intended to reduce the number
of lawsuits but was introduced to provide for a safer Alaska for
pilots who may need to land and who would otherwise be
restricted from doing so because of potential liability.
SENATOR FRENCH asked how an airstrip owner would keep a pilot
from using that airstrip in an emergency situation.
CHAIR SEEKINS replied:
You can still do it but what it does is, there are
times when private owners of airstrips, for an
example, in order to keep from having any liability,
will put barrels in the middle of their runways, put
logs across the runways, mark them to keep people from
being able to use them except when they want to use it
and remove those obstacles because of potential
liability. There's no reason for them to do that now.
SENATOR FRENCH asked if those owners can still close their
runways.
CHAIR SEEKINS said they could.
SENATOR OGAN questioned language in Section 3 that reads, "if it
is marked closed by placing a large X on the runway and, if
listed or charted as designated as closed...."
CHAIR SEEKINS said the owner would notify the FAA that the
runway is closed and then mark the runway.
SENATOR OGAN indicated that a pilot that lands on a closed
runway is doing so at his or her own risk.
CHAIR SEEKINS said the pilot is also using a runway at his or
her own risk if the runway is left open and maintained. He noted
that is a redundancy but it will protect the owner after closing
the runway. He then took public testimony.
MR. TOM GEORGE, representing the Aircraft Owners and Pilots
Association (AOPA), said AOPA's interest is in preserving a
healthy aviation industry in Alaska, which includes backcountry
airstrips. AOPA supports SB 345, which broadens the current
statute. The primary focus of the statute is to protect the
backcountry airstrips, which pilots rely on for access to remote
locations in Alaska. The bill will protect companies,
corporations, and organizations that devote their time and
resources to maintain airstrips without compensation. The
current statute only applies to an individual person. AOPA
believes it is necessary to use the broader definition of person
to include other entities. The other changes made in the work
draft clarify what activities and cases this protection applies
to. AOPA believes this is a good step toward protecting the
airstrips that provide access primarily to public lands.
In response to questions from members, MR. GEORGE said the first
portion of the bill will provide protection from liability for
people or businesses that construct and maintain airstrips. The
second portion of the statute says that protection will continue
if an owner needs to close the airstrip and does so with
specific markings and notification for the purpose of updating
charts and records. That second section provides protection from
limited liability only to private land. AOPA believes that to
provide an incentive to keep airstrips open, that protection
should extend to airstrips on public land. The landowner, often
the state, and the operator should discuss the issue as to
whether those airstrips on public land are open or closed. SB
345 does not take a stand on that, it only says if an owner
properly notices the closure, protection would continue. He
offered to answer questions and thanked Senator Seekins for
sponsoring the bill.
MR. FELIX MCGUIRE, representing the Alaska Airmen's Association
(AAA), told members the AAA supports SB 345, particularly
because the AAA has been unable to improve backcountry airstrips
because of the liability problem.
With no further participants, CHAIR SEEKINS closed public
testimony.
SENATOR OGAN moved CSSB 345(JUD) from committee with individual
recommendations and its zero fiscal note. Without objection, the
motion carried. He then announced a three-minute recess.
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