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S1325aa,aaH..........................................by JUDICIARY AND RULES
AIRPLANES/AIRPORTS - WEAPONS - Amends existing law to provide that any
person who attempts to enter or enters an airplane or sterile area of an
airport while knowingly carrying a concealed or unconcealed weapon shall be
guilty of a misdemeanor; to provide that any person who attempts to enter
or enters an airplane or sterile area in an airport with a willfully and
intentionally concealed weapon with the intent to avoid its detection by
security measures at the sterile area shall be guilty of a felony; to
define "sterile area"; to provide exceptions for authorized law enforcement
personnel; to provide search authority for airport personnel; to prohibit
interference with certain personnel in airports who are carrying out their
duties; and to provide legal immunity to airports in certain circumstances.
01/24 Senate intro - 1st rdg - to printing
01/25 Rpt prt - to Jud
02/07 Rpt out - to 14th Ord
02/08 Rpt out amen - to engros
02/11 Rpt engros - 1st rdg - to 2nd rdg as amen
02/12 2nd rdg - to 3rd rdg as amen
02/15 3rd rdg as amen - PASSED - 24-10-1
AYES -- Andreason, Branch(Bartlett), Burtenshaw, Cameron, Darrington,
Davis, Deide, Dunklin, Goedde, Hill, Ingram, Keough, King-Barrutia,
Little, Lodge, Marley, Noh, Richardson, Risch, Sandy, Sorensen,
Stegner, Thorne, Williams
NAYS -- Boatright, Brandt, Bunderson, Frasure, Geddes, Hawkins,
Ipsen, Schroeder, Sims, Wheeler
Absent and excused -- Stennett
Floor Sponsor - Lodge
Title apvd - to House
02/18 House intro - 1st rdg - to Jud
03/08 Rpt out - to Gen Ord
03/11 Rpt out amen - to 1st rdg as amen
03/12 1st rdg - to 2nd rdg as amen
Rls susp - PASSED - 37-32-1
AYES -- Aikele, Bell, Bieter, Black, Block, Boe, Bradford, Bruneel,
Callister, Campbell, Clark, Ellsworth, Eskridge, Field(13), Gagner,
Gould, Hadley, Hammond, Jones, Kellogg, Lake, Mader, Meyer,
Montgomery, Mortensen, Pischner, Pomeroy, Raybould, Robison, Sali,
Schaefer, Sellman, Smith(33), Stevenson, Stone, Tilman, Trail
NAYS -- Barraclough, Barrett, Bedke, Bolz, Collins, Crow, Cuddy,
Deal, Denney, Ellis, Harwood, Henbest, Higgins, Hornbeck, Jaquet,
Kendell, Kunz, Langford, Loertscher, Martinez, McKague, Moyle,
Pearce, Ridinger, Roberts, Shepherd, Smith(23), Smylie, Wheeler,
Wood, Young, Mr. Speaker
Absent and excused -- Field(20)
Floor Sponsor - Sali
Title apvd - to Senate
03/13 Senate concurred in House amens - to engros
Rpt engros - 1st rdg - to 2nd rdg as amen
03/14 2nd rdg - to 3rd rdg as amen
03/15 3rd rdg as amen - PASSED - 31-4-0
AYES -- Andreason, Branch Bunderson, Burtenshaw, Cameron, Darrington,
Davis, Deide, Dunklin, Frasure, Geddes, Goedde, Hill, Ingram, Ipsen,
Keough, King-Barrutia, Little, Lodge, Marley, Noh, Richardson, Risch,
Sandy, Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams
NAYS -- Boatright, Brandt, Hawkins, Schroeder
Absent and excused -- None
Floor Sponsor - Lodge
Title apvd - to enrol
03/15 Rpt enrol - Pres signed
Sp signed - to Governor
03/22 Governor signed
Session Law Chapter 221
Effective: 03/22/02
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
IN THE SENATE
SENATE BILL NO. 1325
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO AIRPLANE AND AIRPORT SECURITY; AMENDING SECTION 18-7503, IDAHO
3 CODE, TO PROVIDE THAT ANY PERSON WHO ATTEMPTS TO ENTER OR ENTERS AN AIR-
4 PLANE OR STERILE AREA OF AN AIRPORT WITH A CONCEALED OR UNCONCEALED WEAPON
5 SHALL BE GUILTY OF A MISDEMEANOR, TO PROVIDE ANY PERSON WHO ATTEMPTS TO
6 ENTER OR ENTERS AN AIRPLANE OR STERILE AREA IN AN AIRPORT WITH A WILLFULLY
7 AND INTENTIONALLY CONCEALED WEAPON SHALL BE GUILTY OF A FELONY, TO DEFINE
8 STERILE AREA, TO PROVIDE EXCEPTIONS FOR AUTHORIZED LAW ENFORCEMENT PERSON-
9 NEL, TO PROVIDE SEARCH AUTHORITY FOR AIRPORT PERSONNEL, TO PROHIBIT INTER-
10 FERENCE WITH CERTAIN PERSONNEL IN AIRPORTS CARRYING OUT THEIR DUTIES, AND
11 TO PROVIDE LEGAL IMMUNITY TO AIRPORTS IN CERTAIN CIRCUMSTANCES; AND
12 DECLARING AN EMERGENCY.
13 Be It Enacted by the Legislature of the State of Idaho:
14 SECTION 1. That Section 18-7503, Idaho Code, be, and the same is hereby
15 amended to read as follows:
16 18-7503. WEAPONS ABOARD AIRCRAFT -- PENALTY. (1) No person, shall, while
17 aboard an airplane being operated by a holder of a certificate issued by the
18 federal government or the state of Idaho, shall carry on or about his person a
19 deadly or dangerous weapon, either concealed or unconcealed; nor shall any
20 person enter or attempt to enter any sterile area of an airport, which is a
21 holder of a certificate issued by the federal government or the state of
22 Idaho, while carrying on or about his person, or in a bag, case, pouch or
23 other container, a deadly or dangerous weapon, either concealed or
24 unconcealed. Any person who pleads guilty or is found guilty of this subsec-
25 tion shall be guilty of a misdemeanor. As used in this section "sterile area"
26 shall mean that area of a certificated airport to which access is controlled
27 as required by the federal aviation administration regulations.
28 (2) No person, while aboard an airplane being operated by a holder of a
29 certificate issued by the federal government or the state of Idaho, shall
30 willfully and intentionally conceal on or about his person, or in a bag, case,
31 pouch or other container any deadly or dangerous weapon; nor shall any person
32 enter or attempt to enter any sterile area of an airport which is a holder of
33 a certificate issued by the federal government or the state of Idaho, while
34 willfully and intentionally concealing on or about his person, or in a bag,
35 case, pouch or other container any deadly or dangerous weapon.
36 (23) This section does not apply to:
37 (a) Law enforcement oOfficials or employees of a city, county or state,
38 or of the United States, who are authorized to carry arms and who have
39 fulfilled the requirements of federal aviation administration regulations
40 107 and 108 in effect on January 1, 2001, and as may be amended from time
41 to time;
42 (b) Crew members and other persons authorized by the certificate holder
43 to carry arms;
2
1 (c) Parties chartering an aircraft for the purpose of hunting when a
2 weapon is properly stored and/or in the custody of the pilot in command of
3 the aircraft; or
4 (d) An aircraft owner and his invited guests when the weapon is properly
5 stored and/or in the custody of the pilot of the aircraft.
6 (34) Any person convicted of violating the provisions of this subsection
7 (2) of this section shall be guilty of a felony, punishable by imprisonment in
8 the state prison not exceeding five (5) years or by fine not exceeding five
9 thousand dollars ($5,000) or by both such fine and imprisonment.
10 (45) Any person presenting a ticket to board any commercial or charter
11 aircraft shall by such presentation consent to a search or screening of his
12 person or personal belongings by the aircraft company boarding him, by person-
13 nel of the airport from which the flight is originating, persons authorized by
14 federal aviation administration regulations or by law enforcement officials.
15 In case said person shall refuse to submit to a search or screening of his
16 person or personal belongings by said aircraft company personnel, airport per-
17 sonnel, federal aviation administration regulation authorized personnel, fed-
18 eral employees or said law enforcement officials the person refusing may shall
19 be denied the right to board said commercial or charter aircraft.
20 (6) Any person entering or attempting to enter into the sterile area of
21 an airport shall be presumed to have fully consented to a search of their per-
22 son, clothing and belongings including, but not limited to, any bags, cases,
23 pouches or other containers with which they are associated. Such full consent
24 shall remain until the aircraft shall depart from the airport.
25 (7) No person in, near or attempting to enter a sterile area of a certif-
26 icated airport shall assault, obstruct or delay any aircraft company person-
27 nel, airport personnel, federal aviation administration regulation authorized
28 personnel, federal employee or law enforcement official in the performance of
29 their assigned duties within the airport.
30 (58) No action, either at law or equity, shall be brought against any
31 commercial or charter airline company or airport operating in this state, for
32 the refusal of said company or airport to permit a person to board said air-
33 craft where said person has refused to be searched as set out in subsections
34 (45) and (6) of this section.
35 SECTION 2. An emergency existing therefor, which emergency is hereby
36 declared to exist, this act shall be in full force and effect on and after its
37 passage and approval.
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
Moved by Lodge
Seconded by Risch
IN THE SENATE
SENATE AMENDMENT TO S.B. NO. 1325
1 AMENDMENT TO SECTION 1
2 On page 1 of the printed bill, in line 22, following "while" insert:
3 "knowingly".
4 CORRECTION TO TITLE
5 On page 1, in line 4, delete "WITH" and insert: "WHILE KNOWINGLY CARRY-
6 ING".
Moved by Sali
Seconded by Young
IN THE HOUSE OF REPRESENTATIVES
HOUSE AMENDMENT TO S.B. NO. 1325, As Amended
7 AMENDMENT TO SECTION 1
8 On page 1 of the engrossed bill, in line 35, following "weapon" insert:
9 "with the intent to avoid its detection by security measures at the sterile
10 area".
11 CORRECTION TO TITLE
12 On page 1, in line 7, following "WEAPON" insert: "WITH THE INTENT TO AVOID
13 ITS DETECTION BY SECURITY MEASURES AT THE STERILE AREA".
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
IN THE SENATE
SENATE BILL NO. 1325, As Amended, As Amended in the House
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO AIRPLANE AND AIRPORT SECURITY; AMENDING SECTION 18-7503, IDAHO
3 CODE, TO PROVIDE THAT ANY PERSON WHO ATTEMPTS TO ENTER OR ENTERS AN AIR-
4 PLANE OR STERILE AREA OF AN AIRPORT WHILE KNOWINGLY CARRYING A CONCEALED
5 OR UNCONCEALED WEAPON SHALL BE GUILTY OF A MISDEMEANOR, TO PROVIDE ANY
6 PERSON WHO ATTEMPTS TO ENTER OR ENTERS AN AIRPLANE OR STERILE AREA IN AN
7 AIRPORT WITH A WILLFULLY AND INTENTIONALLY CONCEALED WEAPON WITH THE
8 INTENT TO AVOID ITS DETECTION BY SECURITY MEASURES AT THE STERILE AREA
9 SHALL BE GUILTY OF A FELONY, TO DEFINE STERILE AREA, TO PROVIDE EXCEPTIONS
10 FOR AUTHORIZED LAW ENFORCEMENT PERSONNEL, TO PROVIDE SEARCH AUTHORITY FOR
11 AIRPORT PERSONNEL, TO PROHIBIT INTERFERENCE WITH CERTAIN PERSONNEL IN AIR-
12 PORTS CARRYING OUT THEIR DUTIES, AND TO PROVIDE LEGAL IMMUNITY TO AIR-
13 PORTS IN CERTAIN CIRCUMSTANCES; AND DECLARING AN EMERGENCY.
14 Be It Enacted by the Legislature of the State of Idaho:
15 SECTION 1. That Section 18-7503, Idaho Code, be, and the same is hereby
16 amended to read as follows:
17 18-7503. WEAPONS ABOARD AIRCRAFT -- PENALTY. (1) No person, shall, while
18 aboard an airplane being operated by a holder of a certificate issued by the
19 federal government or the state of Idaho, shall carry on or about his person a
20 deadly or dangerous weapon, either concealed or unconcealed; nor shall any
21 person enter or attempt to enter any sterile area of an airport, which is a
22 holder of a certificate issued by the federal government or the state of
23 Idaho, while knowingly carrying on or about his person, or in a bag, case,
24 pouch or other container, a deadly or dangerous weapon, either concealed or
25 unconcealed. Any person who pleads guilty or is found guilty of this subsec-
26 tion shall be guilty of a misdemeanor. As used in this section "sterile area"
27 shall mean that area of a certificated airport to which access is controlled
28 as required by the federal aviation administration regulations.
29 (2) No person, while aboard an airplane being operated by a holder of a
30 certificate issued by the federal government or the state of Idaho, shall
31 willfully and intentionally conceal on or about his person, or in a bag, case,
32 pouch or other container any deadly or dangerous weapon; nor shall any person
33 enter or attempt to enter any sterile area of an airport which is a holder of
34 a certificate issued by the federal government or the state of Idaho, while
35 willfully and intentionally concealing on or about his person, or in a bag,
36 case, pouch or other container any deadly or dangerous weapon with the intent
37 to avoid its detection by security measures at the sterile area.
38 (23) This section does not apply to:
39 (a) Law enforcement oOfficials or employees of a city, county or state,
40 or of the United States, who are authorized to carry arms and who have
41 fulfilled the requirements of federal aviation administration regulations
42 107 and 108 in effect on January 1, 2001, and as may be amended from time
43 to time;
2
1 (b) Crew members and other persons authorized by the certificate holder
2 to carry arms;
3 (c) Parties chartering an aircraft for the purpose of hunting when a
4 weapon is properly stored and/or in the custody of the pilot in command of
5 the aircraft; or
6 (d) An aircraft owner and his invited guests when the weapon is properly
7 stored and/or in the custody of the pilot of the aircraft.
8 (34) Any person convicted of violating the provisions of this subsection
9 (2) of this section shall be guilty of a felony, punishable by imprisonment in
10 the state prison not exceeding five (5) years or by fine not exceeding five
11 thousand dollars ($5,000) or by both such fine and imprisonment.
12 (45) Any person presenting a ticket to board any commercial or charter
13 aircraft shall by such presentation consent to a search or screening of his
14 person or personal belongings by the aircraft company boarding him, by person-
15 nel of the airport from which the flight is originating, persons authorized by
16 federal aviation administration regulations or by law enforcement officials.
17 In case said person shall refuse to submit to a search or screening of his
18 person or personal belongings by said aircraft company personnel, airport per-
19 sonnel, federal aviation administration regulation authorized personnel, fed-
20 eral employees or said law enforcement officials the person refusing may shall
21 be denied the right to board said commercial or charter aircraft.
22 (6) Any person entering or attempting to enter into the sterile area of
23 an airport shall be presumed to have fully consented to a search of their per-
24 son, clothing and belongings including, but not limited to, any bags, cases,
25 pouches or other containers with which they are associated. Such full consent
26 shall remain until the aircraft shall depart from the airport.
27 (7) No person in, near or attempting to enter a sterile area of a certif-
28 icated airport shall assault, obstruct or delay any aircraft company person-
29 nel, airport personnel, federal aviation administration regulation authorized
30 personnel, federal employee or law enforcement official in the performance of
31 their assigned duties within the airport.
32 (58) No action, either at law or equity, shall be brought against any
33 commercial or charter airline company or airport operating in this state, for
34 the refusal of said company or airport to permit a person to board said air-
35 craft where said person has refused to be searched as set out in subsections
36 (45) and (6) of this section.
37 SECTION 2. An emergency existing therefor, which emergency is hereby
38 declared to exist, this act shall be in full force and effect on and after its
39 passage and approval.
STATEMENT OF PURPOSE
RS 11589C1
Most regulations that local police officers at airports have to
deal with are Federal Aviation Administration regulations dealing
directly with airline safety. These federal regulations were
adopted for the safety of the traveling public, but are not written
in state laws or local codes. Some counties and cities have
attempted to adapt these federal regulations into local law with
varying results.
These federal regulations require people to go through a screening
process before entering a sterile area where the aircraft are
located. These regulations forbid weapons of any type, hazardous
materials, etc. from being brought into the sterile area. The
regulations are for the safety of the flying public.
If someone willfully and intentionally brought a concealed weapon,
hidden in an object, to defeat the screening X-ray or if the weapon
was broken down and hidden in different parts of carryon luggage,
this new law would consider this type of concealment a felony. As
it stands now, there are no state charges that could be brought
against a person, since current law only addresses concealed weapons
while onboard an aircraft, not the screening and sterile area one
must pass through to get to the aircraft.
The purpose of the changes in this legislation is to ensure the
safety of the flying public and, in reality, would distinguish
between someone inadvertently bringing a weapon through the airport’s
security checkpoint and one trying to smuggle a weapon onboard an
aircraft.
FISCAL IMPACT
There should be no fiscal impact to state or local units of
government.
Contact:
Senator Lodge
332-1300
STATEMENT OF PURPOSE/FISCAL NOTE S 1325