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.