Legislature(1995 - 1996)

02/27/1996 01:36 PM TRA

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
 STRA - 2/27/96                                                                
                                                                               
       SB 274 NOISE AT AIRPORTS & SPORT SHOOTING RANGES                      
                                                                               
 Number 455                                                                    
                                                                               
 CHAIRMAN RIEGER introduced  SB 274  as the next order of business             
 before the committee.                                                         
                                                                               
 SENATOR HALFORD, Prime Sponsor, noted that the committee packet               
 should contain the sponsor statement, zero fiscal notes, and                  
 letters of support from various groups.  SB 274 would prohibit                
 suits against existing airports and sport shooting ranges for noise           
 nuisance.  Noise cannot be used to sue facilities that predated the           
 objections.                                                                   
                                                                               
 SENATOR LINCOLN assumed that the sponsor statement's reference to             
 the population shift from urban to rural referred to the lower 48,            
 not Alaska.  SENATOR HALFORD replied yes.                                     
                                                                               
 SENATOR HALFORD acknowledged that this is not a significant problem           
 in Alaska yet.  The objective is to establish a policy in order to            
 eliminate the possibility of this becoming a problem.  In response            
 to Senator Lincoln, Senator Halford stated that he had not seen a             
 specific example of this.  There may be some areas that receive               
 complaints after the fact.                                                    
                                                                               
 Number 424                                                                    
                                                                               
 CHAIRMAN RIEGER asked if a municipality could not maintain an                 
 action or does it refer only to an individual.  SENATOR HALFORD               
 clarified that it would be exempt from a noise ordinance after the            
 fact.  Senator Halford intended that all considerations other than            
 noise would remain available.                                                 
                                                                               
 SENATOR GREEN asked if heliports should be specifically included as           
 suggested in the letter from the Alaska Air Carriers Association.             
 SENATOR HALFORD supported the inclusion of helicopter operations.             
 The drafter has suggested that a conceptual amendment could be used           
 to add a definition of "aircraft" which would include rotorcraft.             
                                                                               
 CHAIRMAN RIEGER asked if the definition of sport shooting facility            
 referred to that being the primary operation of the facility.                 
 SENATOR HALFORD assumed that it could also be an incidental                   
 operation.  That is a legal question.                                         
                                                                               
 CHAIRMAN RIEGER asked if the facility's sport shooting was                    
 incidental, would changing the definition to specify that the sport           
 shooting must be the primary use of the facility would constitute             
 a substantial change in the use of the facility.  SENATOR HALFORD             
 suggested that it would constitute a change of use.  Senator                  
 Halford reiterated that this only applies to noise considerations.            
                                                                               
 Number 379                                                                    
                                                                               
 SAM KITO III, Legislative Liaison for the Department of                       
 Transportation & Public Facilities, said that the department has              
 some general concerns which could be addressed by the Federal                 
 Aviation Administration.  Mr. Kito asked the committee why state              
 airports were not included.                                                   
                                                                               
 There was discussion about how to deal with the conceptual                    
 amendment.                                                                    
                                                                               
 SENATOR GREEN moved the following amendment:  page 2, line 29,                
 after "aircraft," add "including fixed wing or rotorcraft".                   
 Hearing no objection, the amendment was adopted.                              
                                                                               
 SENATOR GREEN moved that CSSB 274 (TRA) be moved out of committee             
 with individual recommendations.  Hearing no objection, it was so             
 ordered.                                                                      

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