Legislature(2007 - 2008)BUTROVICH 205

04/26/2007 01:30 PM Senate TRANSPORTATION


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
= SB 139 LIABILITY FOR AIRPORTS AND AIRSTRIPS
Moved SSSB 139 Out of Committee
= HB 126 FORMS/DOCUMENTS/RIGHTS RELATED TO DRIVING
Moved CSHB 126(JUD)(title am) Out
                    ALASKA STATE LEGISLATURE                                                                                  
            SENATE TRANSPORTATION STANDING COMMITTEE                                                                          
                         April 26, 2007                                                                                         
                           1:32 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Albert Kookesh, Chair                                                                                                   
Senator John Cowdery, Vice Chair                                                                                                
Senator Bill Wielechowski                                                                                                       
Senator Gary Wilken                                                                                                             
Senator Donny Olson                                                                                                             
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
CS FOR HOUSE BILL NO. 126(JUD)(title am)                                                                                        
"An Act  relating to access  to criminal justice  information for                                                               
certain employees  of the Department of  Administration; relating                                                               
to  the  procedure  for changes  to  certificates,  registration,                                                               
titles, licenses,  permits, and  other forms relating  to driving                                                               
and motor  vehicles; relating to requirements  for, cancellations                                                               
of,   renewals    of,   reinstatements   of,    expirations   of,                                                               
disqualifications of, withdrawals  of, suspensions or revocations                                                               
of, and  exemptions from commercial and  other driver's licenses,                                                               
permits, or  privileges to drive; relating  to records concerning                                                               
motor  vehicles and  their drivers;  relating to   penalties  for                                                               
violating commercial  driver licensing requirements;  relating to                                                               
the  driver's license  compact;  and providing  for an  effective                                                               
date."                                                                                                                          
     MOVED CSHB 126(JUD)(title am) OUT OF COMMITTEE                                                                             
                                                                                                                                
SPONSOR SUBSTITUTE FOR SENATE BILL NO. 139                                                                                      
"An  Act  repealing a  limitation  on  the liability  of  certain                                                               
airfield owners or operators."                                                                                                  
     MOVED SSSB 139 OUT OF COMMITTEE                                                                                            
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB 126                                                                                                                  
SHORT TITLE: FORMS/DOCUMENTS/RIGHTS RELATED TO DRIVING                                                                          
SPONSOR(s): REPRESENTATIVE(s) JOHANSEN                                                                                          
                                                                                                                                
02/12/07       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/12/07       (H)       STA, JUD                                                                                               
02/15/07       (H)       TRA AT 1:30 PM CAPITOL 17                                                                              
02/15/07       (H)       <Bill Hearing Canceled>                                                                                
02/20/07       (H)       STA AT 8:00 AM CAPITOL 106                                                                             
02/20/07       (H)       Moved Out of Committee                                                                                 
02/20/07       (H)       MINUTE(STA)                                                                                            
02/21/07       (H)       STA RPT 6DP 1NR                                                                                        
02/21/07       (H)       DP:     JOHNSON,    JOHANSEN,     ROSES,                                                               
                         GRUENBERG, DOLL, LYNN                                                                                  
02/21/07       (H)       NR: COGHILL                                                                                            
02/22/07       (H)       STA AT 8:00 AM CAPITOL 106                                                                             
02/22/07       (H)       <Bill Hearing Canceled>                                                                                
03/12/07       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
03/12/07       (H)       Moved CSHB 126(JUD) Out of Committee                                                                   
03/12/07       (H)       MINUTE(JUD)                                                                                            
03/14/07       (H)       JUD RPT CS(JUD) 2DP 4NR 1AM                                                                            
03/14/07       (H)       DP: GRUENBERG, LYNN                                                                                    
03/14/07       (H)       NR: COGHILL, DAHLSTROM, HOLMES, RAMRAS                                                                 
03/14/07       (H)       AM: SAMUELS                                                                                            
03/22/07       (H)       TRANSMITTED TO (S)                                                                                     
03/22/07       (H)       VERSION: CSHB 126(JUD)(TITLE AM)                                                                       
03/23/07       (S)       READ THE FIRST TIME - REFERRALS                                                                        
03/23/07       (S)       TRA                                                                                                    
03/29/07       (S)       TRA AT 1:30 PM BUTROVICH 205                                                                           
03/29/07       (S)       Moved HB 126 Out of Committee                                                                          
03/29/07       (S)       MINUTE(TRA)                                                                                            
03/30/07       (S)       TRA RPT  3DP 1NR                                                                                       
03/30/07       (S)       DP: KOOKESH, WILKEN, COWDERY                                                                           
03/30/07       (S)       NR: WIELECHOWSKI                                                                                       
04/16/07       (S)       RETURNED TO TRA COMMITTEE                                                                              
04/26/07       (S)       TRA AT 1:30 PM BUTROVICH 205                                                                           
                                                                                                                                
BILL: SB 139                                                                                                                  
SHORT TITLE: LIABILITY FOR AIRPORTS AND AIRSTRIPS                                                                               
SPONSOR(s): SENATOR(s) OLSON                                                                                                    
                                                                                                                                
03/28/07       (S)       READ THE FIRST TIME - REFERRALS                                                                        
03/28/07       (S)       TRA                                                                                                    
04/12/07       (H)       TRA AT 1:30 PM CAPITOL 17                                                                              
04/18/07       (S)       SPONSOR SUBSTITUTE INTRODUCED-REFERRALS                                                                
04/18/07       (S)       TRA                                                                                                    
04/26/07       (S)       TRA AT 1:30 PM BUTROVICH 205                                                                           
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                              
David Scott                                                                                                                     
Staff to Representative Johansen                                                                                                
Alaska State Capitol                                                                                                            
Juneau, AK                                                                                                                      
POSITION STATEMENT: Presented HB 126 for the sponsor                                                                          
                                                                                                                                
Kerry Hennings, Drivers License Manager                                                                                         
Department of Motor Vehicles                                                                                                    
Department of Administration                                                                                                    
Anchorage, AK                                                                                                                   
POSITION STATEMENT: Testified on HB 126                                                                                       
                                                                                                                                
Duane Bannock, Director                                                                                                         
Department of Motor Vehicles                                                                                                    
Department of Administration                                                                                                    
Anchorage, AK                                                                                                                   
POSITION STATEMENT: Testified on HB 126                                                                                       
                                                                                                                                
Dave Gray                                                                                                                       
Staff to Senator Olson                                                                                                          
Alaska State Capitol                                                                                                            
Juneau, AK                                                                                                                      
POSITION STATEMENT: Presented SB 139                                                                                          
                                                                                                                                
Tom George                                                                                                                      
Aircraft Owners and Pilots Association                                                                                          
Fairbanks, AK                                                                                                                   
POSITION STATEMENT: In favor of SB 139                                                                                        
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
CHAIR ALBERT  KOOKESH called  the Senate  Transportation Standing                                                             
Committee meeting to order at 1:32:58  PM. Present at the call to                                                             
order  were Senators  Wielechowski,  Wilken,  Cowdery, and  Chair                                                               
Kookesh.                                                                                                                        
                                                                                                                                
        HB 126-FORMS/DOCUMENTS/RIGHTS RELATED TO DRIVING                                                                    
                                                                                                                              
CHAIR  KOOKESH  announced  HB  126  to  be  under  consideration.                                                               
[Before the committee was CSHB  126(JUD)(title am).] The bill had                                                               
been pulled  off the floor  because Senator French had  a problem                                                               
with it.  He came up with  a conceptual amendment, but  it wasn't                                                               
available today.                                                                                                                
                                                                                                                                
CHAIR KOOKESH said  that he and Senator Olson  decided they would                                                               
not support  the amendment  because it affects  an area  in rural                                                               
Alaska. The conceptual  amendment is on page 4  and deletes: "(a)                                                               
the  employee  who   is  properly  licensed  in   the  state  and                                                               
ordinarily operates the equipment is unavailable for."                                                                          
                                                                                                                                
Chair Cowdery said he didn't support the amendment either.                                                                      
                                                                                                                              
1:34:10 PM                                                                                                                    
SENATOR  WIELECHOWSKI  said  that  he  had  questions  about  the                                                               
amendment and the bill as a whole.                                                                                              
                                                                                                                                
CHAIR KOOKESH  said that  there were  people available  to answer                                                               
questions.                                                                                                                      
                                                                                                                                
SENATOR WIELECHOWSKI said  he had talked to Mr.  Bannock from DMV                                                               
about his  concern is  on page  3 that  allows operators  of snow                                                               
removal  equipment to  operate without  any  drivers' license  at                                                               
all. He said  the specific language was on page  2, line 16, says                                                               
the  following persons  are exempt  from  driver licensing  under                                                               
this chapter.                                                                                                                   
                                                                                                                                
1:35:45 PM                                                                                                                    
DAVID SCOTT,  staff to Representative  Kyle Johansen,  sponsor of                                                               
HB 126,  replied that  Senator Wielechowski's  interpretation may                                                               
be  valid, but  he  interprets  it to  mean  that  it applies  to                                                               
someone employed by the municipality who has a driver's license.                                                                
                                                                                                                                
SENATOR  WIELECHOWSKI  said  that  under  the  provision  someone                                                               
convicted  of a  drunken  driving offense  who  lost his  license                                                               
could still operate heavy machinery.                                                                                            
                                                                                                                                
MR. SCOTT  said that the word  "driver" in the bill  implies that                                                               
the person in question is licensed.                                                                                             
                                                                                                                                
SENATOR  WIELECHOWSKI restated  his  concern that  the bill  will                                                               
allow people  who shouldn't  be driving  to operate  snow removal                                                               
machinery.                                                                                                                      
                                                                                                                                
MR. SCOTT  said that  he saw the  point Senator  Wielechowski was                                                               
making,  but  that  his  interpretation  of  the  bill  shows  no                                                               
problem.                                                                                                                        
                                                                                                                                
1:37:55 PM                                                                                                                    
KERRY  HENNINGS, Drivers  License Manager  for the  Department of                                                               
Motor Vehicles (DMV),  said that section 9 of the  bill, with the                                                               
reference to drivers, referred only to licensed drivers.                                                                        
                                                                                                                                
1:38:42 PM                                                                                                                    
SENATOR  WIELECHOWSKI asked  which section  of the  bill she  was                                                               
referring to.                                                                                                                   
                                                                                                                                
MS. HENNINGS  replied that she  was referring to the  language on                                                               
section 3  on page  4, line  2, "(9) in  drivers employed  by the                                                               
municipality or  established village."  This exemption  was added                                                               
to   help   rural   communities  who   don't   necessarily   have                                                               
commercially licensed drivers.                                                                                                  
                                                                                                                                
SENATOR WIELECHOWSKI replied  that he doesn't have  an issue with                                                               
that  portion of  the bill,  but that  persons who  operate heavy                                                               
equipment should be licensed in some way.                                                                                       
                                                                                                                                
MS. HENNINGS responded  that the Department of Law  has said that                                                               
the language is appropriate as-is.                                                                                              
                                                                                                                                
1:40:05 PM                                                                                                                    
SENATOR  COWDERY commented  that he  had been  in the  excavating                                                               
business for  a long  while and heavy  equipment doesn't  need to                                                               
have a  highway license  and aren't required  to have  a licensed                                                               
operator.                                                                                                                       
                                                                                                                                
1:40:45 PM                                                                                                                    
SENATOR  WILKEN  asked  if  Ms. Hennings  supports  the  bill  as                                                               
written.                                                                                                                        
                                                                                                                                
MS.  HENNINGS said  that  she  supported the  bill,  but not  the                                                               
amendment.                                                                                                                      
                                                                                                                                
DUANE BANNOCK, Director of the  Division of Motor Vehicles (DMV),                                                               
Department of  Administration, said that he  prefers the original                                                               
bill, without the amendment.                                                                                                    
                                                                                                                                
1:41:40 PM                                                                                                                    
SENATOR  WIELECHOWSKI  repeated his  concern  with  the bill  and                                                               
asked  if he  interpreted it  that you  have to  have a  drivers'                                                               
license, but not a commercial drivers' license.                                                                                 
                                                                                                                                
MR. BANNOCK replied yes.                                                                                                        
                                                                                                                                
SENATOR  WIELECHOWSKI asked  for  an  explanation of  "Department                                                               
Administration  is   a  criminal  justice  agency   conducting  a                                                               
criminal justice activity" on page 2, lines 5 - 8.                                                                              
                                                                                                                                
MR. BANNOCK  said that  there need  to be  certain qualifications                                                               
for  commercial  drivers,  and  the bill  allows  someone  to  be                                                               
refused for not meeting the judicial qualifications.                                                                            
                                                                                                                                
1:43:51 PM                                                                                                                    
MS. HENNINGS  replied certain considerations  must be  given when                                                               
licensing  commercial  drivers  and  some of  it  is  drawn  from                                                               
information contained in  their criminal record as  defined in AS                                                               
12.62.900. That is why that language is needed.                                                                                 
                                                                                                                                
MS. HENNINGS added that to  qualify under the standard to receive                                                               
criminal   justice   information   this  language   defines   the                                                               
department as working as a criminal justice activity.                                                                           
                                                                                                                                
SENATOR  WIELECHOWSKI cited  the definition  of criminal  justice                                                               
activity  in  AS 12.62.900  that  says  it means  "investigation,                                                               
identification, apprehension, detention,  pre-trial or post-trial                                                               
release,  prosecution, adjudication  or correctional  supervision                                                               
or rehabilitation of  a person accused or convicted  of a crime."                                                               
He  said  he  didn't  think  it was  their  intent  to  give  the                                                               
Department of  Administration the ability "to  prosecute, detain,                                                               
apprehend,  adjudicate  or  rehabilitate person  convicted  of  a                                                               
crime."                                                                                                                         
                                                                                                                                
MS. HENNINGS replied  that was correct; they are  looking at this                                                               
for investigative purposes only.                                                                                                
                                                                                                                                
1:44:58 PM                                                                                                                    
SENATOR WIELECHOWSKI  went to section  10 on page 6  that changed                                                               
some "mays" to "shalls" that  essentially require them to obtain,                                                               
maintain and  update traffic reports  within set periods  of time                                                               
and noted the accompanying zero fiscal note.                                                                                    
                                                                                                                                
MR.  BANNOCK explained  the reason  the fiscal  note was  zero is                                                               
because the action is taking place  today, but the statute is not                                                               
conforming with  the federal government.   He added that  a large                                                               
part of this bill is the result of a federal audit.                                                                             
                                                                                                                                
1:46:00 PM                                                                                                                    
SENATOR WIELECHOWSKI asked  if the DMV is  already performing the                                                               
actions the bill proposes.                                                                                                      
                                                                                                                                
MR.  BANNOCK replied  yes  and that  it was  for  the purpose  of                                                               
compliance.                                                                                                                     
                                                                                                                                
SENATOR WIELECHOWSKI  referenced section 15  on page 8,  line 24,                                                               
changes the  age of  a commercial  driver to 19  years of  age in                                                               
interstate commerce, but  at least 21 years of  age in interstate                                                               
commerce.  He asked  how interstate  commerce is  defined in  the                                                               
state of Alaska.                                                                                                                
                                                                                                                                
MR. BANNOCK  replied that the  Alaska commercial  drivers license                                                               
(CDL) will  be recognized in  another state under the  concept of                                                               
interstate commerce;  so the 10 year  old is free to  do commerce                                                               
within  the  state  of  Alaska   with  that  commercial  drivers'                                                               
license. However,  the 20 year  old person would not  be lawfully                                                               
allowed to use his or her Alaska CDL outside of Alaska.                                                                         
                                                                                                                                
SENATOR  WIELECHOWSKI asked  they  would be  able  to operate  on                                                               
federal roads.                                                                                                                  
                                                                                                                                
MR. BANNOCK replied yes.                                                                                                        
                                                                                                                                
SENATOR WIELECHOWSKI  went to page 8,  line 31, and asked  him to                                                               
define "domiciled in the state".                                                                                                
                                                                                                                                
1:48:06 PM                                                                                                                    
MR. BANNOCK replied that definition was on page 14, line 15.                                                                    
                                                                                                                                
SENATOR WIELECHOWSKI  asked if  someone needs  to live  in Alaska                                                               
and have an ACDL to drive commercially in the state.                                                                            
                                                                                                                                
MR. BANNOCK concurred.                                                                                                          
                                                                                                                                
SENATOR WIELECHOWSKI asked  if the bill will  exclude any current                                                               
operators in Alaska,  like people who hold out  of state licenses                                                               
and operate in Alaska.                                                                                                          
                                                                                                                                
MR. BANNOCK replied  that it could affect  those living somewhere                                                               
else,  but who  have an  ADL.  This is  conforming language  from                                                               
federal language  which requires  people to  have a  license from                                                               
their state of residence.                                                                                                       
                                                                                                                                
SENATOR  WIELECHOWSKI  said  that  section  16  talks  about  how                                                               
someone could lose their ACDL if convicted in a court.                                                                          
                                                                                                                                
1:50:00 PM                                                                                                                    
MS.  HENNINGS   explained  that   this  section  gives   the  DMV                                                               
administrative  authority to  disqualify  someone  after a  court                                                               
conviction.                                                                                                                     
                                                                                                                                
SENATOR WIELECHOWSKI asked what an administrative action is.                                                                    
                                                                                                                                
MS. HENNINGS replied  that the infractions or  crimes requiring a                                                               
disqualification are  in federal regulations and  the courts were                                                               
supposed  to  be  applying  these   penalties.  It  was  somewhat                                                               
confusing  so it  was determined  administratively the  DMV would                                                               
take the  action after the  judge convicted  a person and  he was                                                               
found guilty.                                                                                                                   
                                                                                                                                
SENATOR WIELECHOWSKI said that he  also interpreted "or any other                                                               
jurisdiction"  to   mean  you  could  have   some  administrative                                                               
bureaucrat in Alabama take away your license and your ACDL.                                                                     
                                                                                                                                
MS. HENNINGS responded that was correct.                                                                                        
                                                                                                                                
SENATOR WIELECHOWSKI  said in that  case Alaska is giving  up its                                                               
sovereignty to any little community anywhere in the US.                                                                         
                                                                                                                                
MS. HENNINGS responded  that is not the case;  under the Drivers'                                                             
License Compact  the State of  Alaska has reciprocity  with other                                                               
states and will  not license a driver who comes  to Alaska who is                                                               
suspended and revoked in another jurisdiction.                                                                                  
                                                                                                                                
SENATOR   WIELECHOWSKI  responded   that  it's   not  necessarily                                                               
suspended or revoked because the bill  lists a number of things a                                                               
license could  be lost for and  one of them is  a serious traffic                                                               
violation.                                                                                                                      
                                                                                                                                
MS.  HENNINGS  replied that  is  correct;  and that  process  for                                                               
revoking is already in place.                                                                                                   
                                                                                                                                
1:52:10 PM                                                                                                                    
She  added if  someone is  convicted  of a  driving offense,  the                                                               
conviction  is sent  to  the  state of  Alaska  and  it's put  on                                                               
record.                                                                                                                         
                                                                                                                                
SENATOR WIELECHOWSKI asked  her to look at section 8  and said if                                                               
someone goes  to Mississippi and operates  his commercial vehicle                                                               
in violation  of a  state regulation  and gets  an administrative                                                               
conviction, then  they lose their  license in Alaska and  the DMV                                                               
has absolutely no say over that.                                                                                                
                                                                                                                                
1:52:51 PM                                                                                                                    
MS. HENNINGS responded that was correct.                                                                                        
                                                                                                                                
SENATOR  WIELECHOWSKI  said that  he  has  serious concerns  that                                                               
Alaska is giving  away its sovereignty and is  allowing any state                                                               
to revoke  an Alaskan driver's  license; the law  is federalizing                                                               
small-town administrative bureaucrats.                                                                                          
                                                                                                                                
1:53:42 PM                                                                                                                    
MR.   BANNOCK   said  that   he   doesn't   agree  with   Senator                                                               
Wielechowski's interpretation, and pointed  out that the issue in                                                               
question is already  law today and not really part  of HB 126. He                                                               
slightly  agreed with  him, however,  that federalism  has always                                                               
been here as it pertains  to commercial drivers' license which is                                                               
what makes  an ADL a  viable document in  every one of  the other                                                               
states. All drivers  are keenly aware of that.  Every other state                                                               
has  rules  just  like  this;   saying  that  some  non-essential                                                               
bureaucratic administrative action would  have some unfair effect                                                               
on a Alaska driver isn't a fair characterization.                                                                               
                                                                                                                                
1:54:57 PM                                                                                                                    
SENATOR  WIELECHOWSKI asked  how many  other states  have enacted                                                               
similar legislation.                                                                                                            
                                                                                                                                
MR. BANNOCK replied all 50.                                                                                                     
                                                                                                                                
1:55:10 PM                                                                                                                    
SENATOR  WIELECHOWSKI referenced  a  document  showing that  only                                                               
four  states  have such  legislation,  and  one currently  has  a                                                               
resolution opposing it.                                                                                                         
                                                                                                                                
MR. BANNOCK  said that he  was unfamiliar with that  document and                                                               
restated  that all  states have  the commercial  drivers' license                                                               
rules nearly  verbatim to  these same  rules. This  language came                                                               
from the federal government.                                                                                                    
                                                                                                                                
SENATOR WIELECHOWSKI said that he had read otherwise.                                                                           
                                                                                                                                
CHAIR  KOOKESH asked  if the  intention of  the language  in this                                                               
bill is for the state to be in compliance with federal law.                                                                     
                                                                                                                                
MR. BANNOCK replied yes.                                                                                                        
                                                                                                                                
SENATOR WIELECHOWSKI  said that he has  strong reservations about                                                               
the  idea that  Alaskans  could potentially  lose their  driver's                                                               
license  in another  state. This  is  federalizing our  sovereign                                                               
state's rights, he said.                                                                                                        
                                                                                                                                
1:56:39 PM                                                                                                                    
CHAIR KOOKESH asked if not passing  it puts the state in jeopardy                                                               
of losing federal funding.                                                                                                      
                                                                                                                                
MR. BANNOCK replied yes - to the  tune of $7 million in the first                                                               
year  and $14  million in  the second  year. Perhaps  the biggest                                                               
hammer  is the  decertification of  Alaska's commercial  drivers'                                                               
license.  He added  that the  state of  Alaska still  maintains a                                                               
driver's license;  what is different about  a commercial drivers'                                                               
license is  it is  able to  be accepted  in any  other of  the 49                                                               
states  -  unlike a  regular  drivers'  license.  If he  went  to                                                               
another state  he would  only have  a certain  number of  days to                                                               
legally use it.  The reason the CDL has uniform  rules is so that                                                               
they are uniformly accepted throughout the US.                                                                                  
                                                                                                                                
1:57:55 PM                                                                                                                    
AVES  THOMPSON, Executive  Director, Alaska  Trucking Association                                                               
(ATA), said that  the ATA is in agreement with  the intent of the                                                               
bill. Failure  to pass it  would mean Alaskan  commercial drivers                                                               
would not  be able to drive  in other states. If  it doesn't pass                                                               
by late  2007 an ACDL will  only be recognized in  this state and                                                               
that will have  a disastrous effect on truckers  in Alaska. Major                                                               
funds are currently in jeopardy through non-compliance.                                                                         
                                                                                                                                
2:00:45 PM                                                                                                                    
MR. SCOTT  said that  the sponsor  of the  bill doesn't  like the                                                               
federal influence either, but it's  necessary to pass the bill to                                                               
help maintain the Alaskan economy.                                                                                              
                                                                                                                                
2:01:33 PM                                                                                                                    
SENATOR  COWDERY moved  to report  CSHB  126(JUD)(title am)  from                                                               
committee  with individual  recommendations  and attached  fiscal                                                               
note(s). There being no objection, it was so ordered.                                                                           
                                                                                                                                
SENATOR WIELECHOWSKI  stated that  while he  won't object  to the                                                               
bill because  he understands the  fiscal ramifications,  he feels                                                               
that the  state is being held  hostage on the issue;  it's a step                                                               
towards nationalization.                                                                                                        
                                                                                                                                
2:02:33 PM                                                                                                                    
CHAIR KOOKESH called a brief at-ease.                                                                                           
                                                                                                                                
         SSSB 139-LIABILITY FOR AIRPORTS AND AIRSTRIPS                                                                      
                                                                                                                                
2:03:46 PM                                                                                                                    
CHAIR  KOOKESH called  the meeting  back to  order and  announced                                                               
SSSB 139 to be under consideration.                                                                                             
                                                                                                                                
DAVE GRAY,  staff to Senator  Olson, sponsor  of SB 139,  said in                                                               
2004 there  was an attempt  to correct difficulties  with limited                                                               
liability  for  private airports  that  pepper  the state,  which                                                               
ended up creating even more confusion.  SSSB 139 is an attempt to                                                               
correct these  difficulties by  repealing the  fee section  of AS                                                               
09.65.093.                                                                                                                      
                                                                                                                                
2:05:12 PM                                                                                                                    
SENATOR OLSON  said that the bill  came from a concern  raised in                                                               
past  legislatures  regarding  airport   liability.  He  gave  an                                                               
example of student pilot who lands  at a private airport and runs                                                               
off  the  runway.  This  is   done  without  permission.  It's  a                                                               
different story  if you  have permission.  He said  the confusion                                                               
came  from  the  Xs  on   the  runway,  which  according  to  FAA                                                               
regulations means it has been abandoned, not just closed.                                                                       
                                                                                                                                
2:08:05 PM                                                                                                                    
SENATOR COWDERY said  that he is still a licensed  pilot and said                                                               
the instrumentation on  his last plane had a button  to push that                                                               
indicated  exactly  where the  closest  airfield  was. It  didn't                                                               
differentiate between  private or public;  it's where you  had to                                                               
go or you  would crash. He asked if that  was a common occurrence                                                               
for airplanes.                                                                                                                  
                                                                                                                                
SENATOR  OLSON  replied no;  said  that  emergency functions  are                                                               
available in current GPS systems.                                                                                               
                                                                                                                                
2:09:18 PM                                                                                                                    
SENATOR   COWDERY  commented   further   on  aircraft   emergency                                                               
equipment.                                                                                                                      
                                                                                                                                
2:09:55 PM                                                                                                                    
MR. GRAY related  a personal story about flying with  a pilot out                                                               
of Kotzebue who had a rough engine  and had to look for any place                                                               
to land and finally made it back to a place southeast of Nome.                                                                  
                                                                                                                                
2:10:43 PM                                                                                                                    
TOM  GEORGE, Aircraft  Owners and  Pilots  Association, said  the                                                               
state  has many  little  airstrips  and in  many  cases they  are                                                               
maintained by dedicated individuals,  groups or organizations who                                                               
volunteer  their time  and efforts.  This statute  was originally                                                               
intended  to  provide  limits  on   civil  liability  for  people                                                               
supporting rural  runways either  on public  or private  land. He                                                               
worked  with the  legislature a  couple of  years ago  to improve                                                               
this statute,  which passed  with overwhelming  support. However,                                                               
language in  section (b)  caused a  lot of  confusion and  it led                                                               
people to  think they had to  close the runways to  be protected.                                                               
That is  exactly the opposite  of the  intent. He said  this bill                                                               
seeks  to remove  that language  and leaves  the emphasis  on the                                                               
protection provided  by people who  are willing to  construct and                                                               
maintain airstrips on an uncompensated basis.                                                                                   
                                                                                                                                
2:12:29 PM                                                                                                                    
SENATOR  WIELECHOWSKI asked  what the  difference is  between (a)                                                               
and (b) right now.                                                                                                              
                                                                                                                                
MR.  GEORGE clarified  that section  (b)  used to  be limited  to                                                               
private use airports.  It said the limitation  of liability would                                                               
continue if  you closed the airport  by doing the items  that are                                                               
listed in parts  (1) and (2). When it was  changed two years ago,                                                               
the  differences were  removed, which  caused the  confusion. The                                                               
real emphasis here is section  (a) which buys protection; section                                                               
(b)  was  originally  there because  of  the  difference  between                                                               
public  and  private and  that  has  become irrelevant  from  his                                                               
perspective.                                                                                                                    
                                                                                                                                
SENATOR WIELECHOWSKI  asked for the practical  effect of removing                                                               
section (b).                                                                                                                    
                                                                                                                                
MR. GEORGE replied  that it simply removes  confusion; it doesn't                                                               
change anything else.                                                                                                           
                                                                                                                                
2:14:35 PM                                                                                                                    
SENATOR  COWDERY moved  to report  SSSB 139  from committee  with                                                               
individual  recommendations and  attached  fiscal note(s).  There                                                               
being no objection, it was so ordered.                                                                                          
There being  no further  business to  come before  the committee,                                                               
Chair Kookesh adjourned the meeting at 2:15:02 PM.                                                                            
                                                                                                                                
                                                                                                                                

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