View Bill Status
View Bill Text
View Statement of Purpose / Fiscal Impact
S1333................................................by JUDICIARY AND RULES
AIRPORT - SEARCH/SCREEN - Amends existing law to clarify that persons who
plead guilty to or are found guilty of violating certain provisions of law
applicable to the safety of airports and aircraft shall be guilty of a
misdemeanor; and to provide that persons who refuse to submit to a search
or screening upon entering or attempting to enter the sterile area of an
airport shall be denied the right to remain in such area.
02/16 Senate intro - 1st rdg - to printing
02/17 Rpt prt - to Jud
02/26 Rpt out - rec d/p - to 2nd rdg
02/27 2nd rdg - to 3rd rdg
03/01 3rd rdg - PASSED - 18-15-2
AYES -- Brandt, Bunderson, Burtenshaw, Cameron, Compton(Duncan),
Darrington, Davis, Gannon, Geddes, Ingram, Little, Lodge, McKenzie,
Pearce, Richardson, Sorensen, Stegner, Williams
NAYS -- Andreason, Bailey, Burkett, Calabretta, Goedde, Kennedy,
Keough, Malepeai, McWilliams, Noble(Anderson), Noh, Schroeder,
Stennett, Sweet, Werk
Absent and excused -- Hill, Marley
Floor Sponsor - Lodge
Title apvd - to House
03/02 House intro - 1st rdg - to Jud
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature Second Regular Session - 2004
IN THE SENATE
SENATE BILL NO. 1333
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO AIRCRAFT AND AIRPORT SAFETY; AMENDING SECTION 18-7503, IDAHO CODE,
3 TO CLARIFY THAT PERSONS WHO PLEAD GUILTY TO OR ARE FOUND GUILTY OF VIOLAT-
4 ING CERTAIN PROVISIONS OF LAW APPLICABLE TO THE SAFETY OF AIRPORTS AND
5 AIRCRAFT SHALL BE GUILTY OF A MISDEMEANOR AND TO PROVIDE THAT PERSONS WHO
6 REFUSE TO SUBMIT TO A SEARCH OR SCREENING UPON ENTERING OR ATTEMPTING TO
7 ENTER THE STERILE AREA OF AN AIRPORT SHALL BE DENIED THE RIGHT TO REMAIN
8 IN SUCH AREA.
9 Be It Enacted by the Legislature of the State of Idaho:
10 SECTION 1. That Section 18-7503, Idaho Code, be, and the same is hereby
11 amended to read as follows:
12 18-7503. WEAPONS ABOARD AIRCRAFT -- PENALTY. (1) No person, while aboard
13 an airplane being operated by a holder of a certificate issued by the federal
14 government or the state of Idaho, shall carry on or about his person a deadly
15 or dangerous weapon, either concealed or unconcealed; nor shall any person
16 enter or attempt to enter any sterile area of an airport, which is a holder of
17 a certificate issued by the federal government or the state of Idaho, while
18 knowingly carrying on or about his person, or in a bag, case, pouch or other
19 container, a deadly or dangerous weapon, either concealed or unconcealed. Any
20 person who pleads guilty or is found guilty of this subsection shall be guilty
21 of a misdemeanor. As used in this section "sterile area" shall mean that area
22 of a certificated airport to which access is controlled as required by the
23 federal aviation administration regulations.
24 (2) No person, while aboard an airplane being operated by a holder of a
25 certificate issued by the federal government or the state of Idaho, shall
26 willfully and intentionally conceal on or about his person, or in a bag, case,
27 pouch or other container any deadly or dangerous weapon; nor shall any person
28 enter or attempt to enter any sterile area of an airport which is a holder of
29 a certificate issued by the federal government or the state of Idaho, while
30 willfully and intentionally concealing on or about his person, or in a bag,
31 case, pouch or other container any deadly or dangerous weapon with the intent
32 to avoid its detection by security measures at the sterile area.
33 (3) This section does not apply to:
34 (a) Law enforcement officials of a city, county or state, or of the
35 United States, who are authorized to carry arms and who have fulfilled the
36 requirements of federal aviation administration regulations 107 and 108 in
37 effect on January 1, 2001, and as may be amended from time to time;
38 (b) Crew members and other persons authorized by the certificate holder
39 to carry arms;
40 (c) Parties chartering an aircraft for the purpose of hunting when a
41 weapon is properly stored and/or in the custody of the pilot in command of
42 the aircraft; or
43 (d) An aircraft owner and his invited guests when the weapon is properly
2
1 stored and/or in the custody of the pilot of the aircraft.
2 (4) Any person convicted of violating the provisions of subsection (2) of
3 this section shall be guilty of a felony, punishable by imprisonment in the
4 state prison not exceeding five (5) years or by fine not exceeding five thou-
5 sand dollars ($5,000) or by both such fine and imprisonment.
6 (5) Any person presenting a ticket to board any commercial or charter
7 aircraft shall by such presentation consent to a search or screening of his
8 person or personal belongings by the aircraft company boarding him, by person-
9 nel of the airport from which the flight is originating, persons authorized by
10 federal aviation administration regulations or by law enforcement officials.
11 In case said person shall refuse to submit to a search or screening of his
12 person or personal belongings by said aircraft company personnel, airport per-
13 sonnel, federal aviation administration regulation authorized personnel, fed-
14 eral employees or law enforcement officials the person refusing shall be
15 denied the right to board said commercial or charter aircraft. Any person who
16 pleads guilty to or is found guilty of refusing to submit to a search or
17 screening as provided in this subsection shall be guilty of a misdemeanor.
18 (6) Any person entering or attempting to enter into the sterile area of
19 an airport shall be presumed to have fully consented to a search of their per-
20 son, clothing and belongings including, but not limited to, any bags, cases,
21 pouches or other containers with which they are associated. Such full consent
22 shall remain until the aircraft shall depart from the airport. In case said
23 person shall refuse to submit to a search or screening of his person or per-
24 sonal belongings by said aircraft company personnel, airport personnel, fed-
25 eral aviation administration regulation authorized personnel, federal employ-
26 ees or law enforcement officials the person refusing shall be denied the right
27 to remain in the sterile area of said airport. Any person who pleads guilty to
28 or is found guilty of refusing to submit to a search or screening as provided
29 in this subsection shall be guilty of a misdemeanor.
30 (7) No person in, near or attempting to enter a sterile area of a certif-
31 icated airport shall assault, obstruct or delay any aircraft company person-
32 nel, airport personnel, federal aviation administration regulation authorized
33 personnel, federal employee or law enforcement official in the performance of
34 their assigned duties within the airport. Any person who pleads guilty to or
35 is found guilty of a violation of this subsection shall be guilty of a misde-
36 meanor.
37 (8) No action, either at law or equity, shall be brought against any com-
38 mercial or charter airline company or airport operating in this state for the
39 refusal of said company or airport to permit a person to board said aircraft
40 where said person has refused to be searched as set out in subsections (5) and
41 (6) of this section.
STATEMENT OF PURPOSE
RS 14055
This legislation clarifies that it is a misdemeanor to refuse to
submit to a search or screening of your person or personal
belongings 1) upon presentment of a ticket to board an airplane;
and 2) upon entering or attempting to enter the sterile area of
an airport. This legislation also clarifies that it is a
misdemeanor to assault, delay, or obstruct authorized personnel
in the performance of their assigned duties within the airport.
FISCAL IMPACT
This legislation will have no fiscal impact on the state general
fund, and its impact on counties and cities will depend on the
number of violators.
Contact
Name:Richard W. Stover, Assistant City Attorney
Boise City Office of the City Attorney
Steve Rutherford, Assistant City Attorney
Boise City Office of the City Attorney
Phone: (208)384-3870
STATEMENT OF PURPOSE/FISCAL NOTE S 1333