SB 345-LIABILITY FOR AIRPORTS AND AIRSTRIPS                                                                       
                                                                                                                                
The committee took up SB 345.                                                                                                   
                                                                                                                                
MR. JOE MICHEL,  Staff to Senator Seekins, testified  that SB 345                                                               
removes the word "natural" so that  the bill reads, "A person who                                                               
without  compensation maintains  or repairs  an aircraft  runway,                                                               
airfield...."  He drew  attention  to the  distinction between  a                                                               
natural person, an artificial person  (created by law) and just a                                                               
person.  "Under AS 01.10.060  the definition of 'person' includes                                                               
a   corporation,   company    partnership,   firm,   association,                                                               
organization, business  trust, or society,  as well as  a natural                                                               
person."   Everything  else  in  the bill  remains  the same,  he                                                               
stated.   Mr. Michel explained that  the purpose of SB  345 is to                                                               
offer civil liability protection  to those who maintain airfields                                                               
or landing areas for no compensation.                                                                                           
                                                                                                                                
MR.  TOM  GEORGE, representing  the  Aircraft  Owners and  Pilots                                                               
Association (AOPA),  testified via  teleconference in  support of                                                               
SB 345.   He said  AOPA's membership is over  400,000 nationally,                                                               
4,600  in   Alaska,  and  the   organization's  interest   is  in                                                               
preserving  a healthy  aviation infrastructure  in Alaska,  which                                                               
includes  backcountry airstrips.   He  said SB  345 broadens  the                                                               
current statute  that limits civil liability  on aircraft runways                                                               
for companies,  corporations, and organizations that  devote time                                                               
and resources to help maintain airstrips  in Alaska.  He said the                                                               
broader  definition  is  necessary  so that  it  includes  mining                                                               
companies,  lodges,  and aviation  associations.    The state  is                                                               
already struggling to maintain  airports and other transportation                                                               
infrastructure in  Alaska and placing reasonable  limits on civil                                                               
liability  should  provide an  incentive  for  these entities  to                                                               
perform  maintenance,  particularly   on  backcountry  airstrips.                                                               
AOPA  sees SB  345 as  a step  towards protecting  airstrips that                                                               
provide access to public lands.   Most backcountry airstrips used                                                               
today were  developed initially  for some  industrial application                                                               
such  as  mineral  exploration,   and  were  abandoned  when  the                                                               
industrial use was finished.   Providing protection for liability                                                               
will help to keep airstrips usable in years to come.                                                                            
                                                                                                                                
CO-CHAIR  COWDERY  wondered  about  a  bill  in  the  1980s  that                                                               
pertained to a  scenario such as flying in a  bush area, stopping                                                               
for fuel in  McGrath for example, picking up  a passenger wanting                                                               
a  ride to  Anchorage, and  then  trying to  waive the  liability                                                               
involved.                                                                                                                       
                                                                                                                                
SENATOR  RALPH SEEKINS  responded that  a bill  passed last  year                                                               
pertaining to a  person being notified that the  carrier does not                                                               
have  insurance before  he/she gets  on  the aircraft.   In  that                                                               
case, there  is no liability to  the person who is  carrying that                                                               
other person,  if it's not for  hire.  That is,  today in Alaska,                                                               
if  someone gets  into a  person's  boat or  airplane and  he/she                                                               
says, "I  don't have any  insurance to  cover you" then  "you are                                                               
traveling at your own risk."                                                                                                    
                                                                                                                                
CO-CHAIR WAGONER  moved to  report SB 345  out of  committee with                                                               
individual recommendations and the attached fiscal note.                                                                        
                                                                                                                                
CO-CHAIR  COWDERY acknowledged  there were  no objections  and it                                                               
was so ordered.