2002 Legislation
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SENATE BILL NO. 1325 – Airport/airplane, weapons, penalty

SENATE BILL NO. 1325

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Daily Data Tracking History



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

Bill Text


                                                                        
                                                                        
  ||||              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.

Amendment


                                                                        
                                                                        
  ||||              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".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


                                                                        
                                                                        
  ||||              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 / Fiscal Impact


                        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