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H0124.........................................by TRANSPORTATION AND DEFENSE
AIRCRAFT - REGISTRATION - Amends existing law to provide that aircraft
shall only be registered prior to or during the current annual registration
year; and to provide that there shall be no registration of aircraft for
any registration period which is prior to the current registration year.
01/31 House intro - 1st rdg - to printing
02/01 Rpt prt - to Transp
02/09 Rpt out - rec d/p - to 2nd rdg
02/12 2nd rdg - to 3rd rdg
02/14 3rd rdg - PASSED - 62-3-5
AYES -- Barraclough, Bedke, Bell, Bieter, Black, Boe, Bolz, Bradford,
Bruneel, Campbell, Chase, Clark, Collins, Cuddy, Deal, Denney, Ellis,
Ellsworth, Eskridge, Field(13), Field(20), Gagner, Hadley, Hammond,
Harwood, Henbest, Higgins, Hornbeck, Jaquet, Jones, Kellogg, Kendell,
Kunz, Lake, Langford, Mader, Marley, McKague, Meyer, Montgomery,
Mortensen, Moss, Moyle, Pearce, Pischner, Pomeroy, Raybould,
Ridinger, Roberts, Robison, Schaefer, Sellman, Shepherd, Smith,
Smylie, Stevenson, Stone, Swan, Trail, Wheeler, Wood, Young
NAYS -- Barrett, Callister, Sali
Absent and excused -- Crow, Gould, Loertscher, Tilman, Mr. Speaker
Floor Sponsor -- Pischner
Title apvd - to Senate
02/15 Senate intro - 1st rdg - to Transp
03/09 Rpt out - rec d/p - to 2nd rdg
03/12 2nd rdg - to 3rd rdg
03/20 3rd rdg - PASSED - 35-0-0
AYES -- Andreason, Boatright, Branch, Brandt, Bunderson, Burtenshaw,
Cameron, Danielson, Darrington, Davis, Deide, Dunklin, Frasure,
Geddes, Goedde, Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee,
Lodge, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen,
Stegner, Stennett, Thorne, Wheeler, Whitworth, Williams,
NAYS -- None
Absent and excused -- None
Floor Sponsor -- Sandy
Title apvd - to House
03/21 To enrol
03/22 Rpt enrol - Sp signed - Pres signed - to Gov
03/26 Governor signed
Session Law Chapter 182
Effective: 07/01/01
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 124
BY TRANSPORTATION AND DEFENSE COMMITTEE
1 AN ACT
2 RELATING TO REGISTRATION OF AIRCRAFT; AMENDING SECTION 21-114, IDAHO CODE, TO
3 PROVIDE THAT AIRCRAFT SHALL ONLY BE REGISTERED PRIOR TO OR DURING THE CUR-
4 RENT ANNUAL REGISTRATION YEAR, AND THAT THERE SHALL BE NO REGISTRATION OF
5 AIRCRAFT FOR ANY REGISTRATION PERIOD WHICH IS PRIOR TO THE CURRENT REGIS-
6 TRATION YEAR AND TO MAKE A TECHNICAL CORRECTION.
7 Be It Enacted by the Legislature of the State of Idaho:
8 SECTION 1. That Section 21-114, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 21-114. REGISTRATION OF PILOTS AND AIRCRAFT -- REQUISITES. (a) Pilot
11 Registration--Fees. Subject to the limitation of subsections (c) and (d) of
12 this section, the department is authorized to require that every individual
13 who pilots an aircraft within this state is to register with the department
14 and to renew such registration every other year thereafter in which he pilots
15 an aircraft within this state. The department may charge for each such regis-
16 tration, and for each biennial renewal thereof, a fee of twelve dollars
17 ($12.00). Such income shall be used for search and rescue of lost aircraft and
18 airmen, which said search and rescue shall be under the direction and supervi-
19 sion of the director of the department.
20 (b) Aircraft Registration--Fees.
21 (1) Private Aircraft. Subject to the limitations of subsections (c) and
22 (d) of this section, every aircraft operating within this state and/or
23 holding a currently valid airworthiness certificate and a currently valid
24 annual inspection or progressive inspection system issued by the appropri-
25 ate federal agency, shall be registered with the department for prior to
26 or during each annual registration year in which the aircraft is operated
27 within this state. The annual registration year shall commence on the date
28 provided by regulation, and the holding of a currently valid airworthiness
29 certificate and a currently valid annual inspection or progressive inspec-
30 tion system issued by the appropriate federal agency shall be considered
31 prima facie evidence that the aircraft is operating within this state. The
32 department shall charge for each such registration, and for each annual
33 renewal thereof, the fees at the rate of one cent (1) per pound of gross
34 weight authorized in the aircraft listing, aircraft specification or type
35 certificate data sheet of said aircraft issued by the federal aviation
36 agency, and in no case to exceed two hundred dollars ($200) upon any one
37 (1) aircraft, provided that such fee shall be in lieu of all personal
38 property taxes on such aircraft.
39 Registration certificates shall be kept in the aircraft at all times.
40 In addition to the registration certificate, an identifying decal shall be
41 issued and placed on the left side of the aircraft either upon the verti-
42 cal stabilizer thereof or upon a window nearest to the rear of the air-
43 craft, fully visible from the outside of the aircraft.
2
1 Aircraft shall only be registered prior to or during the current
2 annual registration year. There shall be no registration of aircraft for
3 any registration period which is prior to the current registration year.
4 Registration certificates issued after expiration of the first six (6)
5 months of the current annual registration year, as prescribed by the
6 department, shall be issued at the rate of fifty per cent percent (50%) of
7 the annual fee. Those aircraft that have been found in violation of the
8 provisions of this section after the first six (6) months will pay the
9 full year's fee.
10 (2) Manufacturers and Dealers License. It shall be unlawful for any per-
11 son to carry on or conduct the business of buying, selling, or dealing in
12 aircraft unless registered with the department, as such manufacturer or
13 dealer. Any manufacturer or dealer in aircraft owning, having an interest
14 in, or having in his possession an aircraft for the purpose of sale, shall
15 upon the registration and payment of fees as in this act required, acquire
16 one (1) registration certificate which shall bear the distinctive regis-
17 tration number issued to such manufacturer or dealer, and any number of
18 identifying decals. The registration certificate shall be kept at the main
19 office of the manufacturer or dealer and an identifying decal shall be
20 placed upon the left side of every aircraft that the manufacturer or
21 dealer may have an interest in which is held for sale, on the left side
22 thereof either upon the vertical stabilizer or upon a window nearest to
23 the rear of the aircraft.
24 An identifying decal issued to a manufacturer or dealer during the
25 calendar year for which issued can be transferred from an aircraft no
26 longer in the possession of the dealer or manufacturer for sale or demon-
27 stration to one acquired for the purpose of sale or demonstration during
28 the calendar year.
29 No identifying decal issued to a manufacturer or dealer as herein
30 provided may be transferred to an aircraft owned or in the possession of
31 such manufacturer or dealer when such aircraft is used solely for commer-
32 cial purposes.
33 The fee to be paid by a manufacturer or dealer in aircraft shall be
34 forty dollars ($40.00) for the registration certificate and one dollar
35 ($1.00) for each identifying decal issued to such manufacturer or dealer.
36 (c) Requirements for Registration, Issuance of Certificate. Possession of
37 the appropriate effective federal certificate, permit, rating or license
38 relating to competency of the pilot or ownership and airworthiness of the air-
39 craft, as the case may be, and payment of the fee duly required pursuant to
40 the provisions of this section shall be the only requisites for registration
41 of a pilot or an aircraft under this section. Registration shall be effected
42 by filing with the department a written statement containing the information
43 reasonably required by the department for such purpose. It shall not be neces-
44 sary for the registrant to provide the department with originals or copies of
45 federal certificates, permits, ratings or licenses. The department may issue
46 certificates of registration, or such other evidences of registration or pay-
47 ment of fees as it may deem proper, and in connection therewith may prescribe
48 requirements for the possession and exhibition of such certificates or other
49 evidences similar to the requirements of section 21-113(b), Idaho Code, for
50 the possession and exhibition of federal airman and aircraft certificates,
51 permits, ratings or licenses. Failure to register, if required, shall be
52 unlawful.
53 (d) Exemptions. The provisions of this section shall not apply to:
54 (1) An aircraft owned by, and used exclusively in the service of, any
55 government or any political subdivision thereof, including the government
3
1 of the United States, any state, territory, or possession of the United
2 States, or the District of Columbia, which is not engaged in carrying per-
3 sons or property for commercial purposes;
4 (2) An aircraft which is owned by a bona fide nonresident of this state;
5 provided, however, that this exemption shall not apply to such aircraft
6 operated in the transportation of persons or property for hire, in dust-
7 ing, seeding, or spraying for hire, or in any other activity for hire in
8 this state, whether such aircraft so operated be engaged casually or con-
9 tinuously;
10 (3) An aircraft engaged principally in commercial airline or air freight
11 flying constituting an act of interstate or foreign commerce while operat-
12 ing under a certificate, permit or license issued by the appropriate
13 agency of the United States government;
14 (4) An individual piloting an aircraft owned by, and used exclusively in
15 the service of, any government or any political subdivision thereof,
16 including the government of the United States, any state, territory, or
17 possession of the United States, or the District of Columbia, which is not
18 engaged in carrying persons or property for commercial purposes;
19 (5) An individual piloting any aircraft registered under the laws of a
20 foreign country;
21 (6) A bona fide nonresident of this state piloting aircraft in this
22 state; provided, however, that this exemption shall not apply to any non-
23 resident piloting an aircraft in this state for hire whether such nonresi-
24 dent is so engaged casually or continuously;
25 (7) An individual piloting an aircraft engaged principally in commercial
26 airline or air freight flying constituting an act of interstate or foreign
27 commerce, while such aircraft is being operated under a certificate, per-
28 mit or license issued by the appropriate agency of the United States gov-
29 ernment;
30 (8) An individual operating model aircraft;
31 (9) An individual piloting an aircraft which is equipped with fully func-
32 tioning dual controls when a properly certified pilot is in full charge of
33 one (1) set of said controls and such flight is solely for instruction or
34 for the demonstration of said aircraft to a bona fide prospective pur-
35 chaser.
36 (e) Transfer of Aircraft. When the ownership of an aircraft registered
37 under the provisions of this section is transferred, the new owner will be
38 required to register the aircraft under the provisions of this section. If the
39 transferor wishes to register another aircraft he shall pay the registration
40 fee required by this section less the amount of registration fee already paid
41 on the aircraft which was sold, or if the transferor shall have an aircraft to
42 be registered with a useful load less than the aircraft that was sold, he
43 shall pay a transfer fee of one dollar ($1.00).
STATEMENT OF PURPOSE
RS10558
This legislation will establish the aircraft registration period as a calendar
year and specifically prohibit registration for previous unpaid years by back
dating the registration period. Those aircraft not registered for a specific
calendar year would not be eligible for the current exemption from paying
personal property taxes on the aircraft for all unregistered years. The lack of
restrictions on back dating the registration of aircraft results in many aircraft
owners choosing not to register their aircraft until they are contacted by the
county assessor for failure to pay personal property taxes.
FISCAL IMPACT
The Department estimates that the number aircraft being registered will increase
by approximately 400. The estimated revenue from aircraft registration fees in
FY 01 is $55,000. At an average fee of $25.00 each, additional revenue of
approximately $10,000 per year will be received. These funds will be used to
help local airports meet the 10% matching requirement for the airport improvement
funds received by Idaho airports through the recently passed federal AIR 21 Act.
The additional $10,000 could be used to match an additional $90,000 in federal
AIR 21 funds.
CONTACT
Name: Keith Bumsted, Deputy Director/Acting Aeronautics Division Administrator
Agency: Idaho Transportation Department
Phone: 334-8788
Statement of Purpose/Fiscal Impact H 124