2004 Legislation
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SENATE BILL NO. 1333 – Airport, search/screen, refusal

SENATE BILL NO. 1333

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Bill Status



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

Bill Text


                                                                        
                                                                        
  ]]]]              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 / Fiscal Impact



                       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