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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 - 2002IN 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 oOfficialsor employeesof 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 ofthissubsection 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 orsaidlaw enforcement officials the person refusingmayshall 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 - 2002Moved 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 - 2002IN 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 oOfficialsor employeesof 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 ofthissubsection 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 orsaidlaw enforcement officials the person refusingmayshall 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