2005 Legislation
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HOUSE BILL NO. 39 – Search&Rescue/Homeland Security

HOUSE BILL NO. 39

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Bill Status



H0039.........................................by TRANSPORTATION AND DEFENSE
SEARCH AND RESCUE - Amends existing law relating to search and rescue
operations to provide that pilot registration fees may also be used for
pilot safety programs; to transfer authority for coordination of general
search and rescue operations to the chief of the Bureau of Homeland
Security; and to clarify that aerial search operations shall be coordinated
by the Idaho Transportation Department, Division of Aeronautics.
                                                                        
01/25    House intro - 1st rdg - to printing
01/26    Rpt prt - to Transp
02/09    Rpt out - rec d/p - to 2nd rdg
02/10    2nd rdg - to 3rd rdg
02/14    3rd rdg - PASSED - 68-1-1
      AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
      Bedke, Bell, Bilbao, Black, Block, Boe, Bolz, Bradford, Cannon,
      Chadderdon, Clark, Crow, Deal, Denney, Edmunson, Ellsworth, Eskridge,
      Field(18), Field(23), Garrett, Hart, Henbest, Henderson, Jaquet,
      Jones, Kemp, Lake, LeFavour, Loertscher, Martinez, Mathews,
      McGeachin, McKague, Miller, Mitchell, Moyle, Nielsen, Nonini,
      Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche,
      Rydalch, Sali, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley,
      Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail,
      Wills, Wood, Mr. Speaker
      NAYS -- Harwood
      Absent and excused -- Collins
    Floor Sponsor - Ringo
    Title apvd - to Senate
02/15    Senate intro - 1st rdg - to St Aff
02/21    Rpt out - rec d/p - to 2nd rdg
02/22    2nd rdg - to 3rd rdg
02/24    3rd rdg - PASSED - 34-0-1
      AYES -- Andreason, Brandt, Bunderson, Burkett, Burtenshaw, Cameron,
      Coiner, Compton, Corder, Darrington, Davis, Gannon, Geddes, Goedde,
      Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge, Malepeai,
      Marley, McGee, McKenzie, Noble, Pearce, Richardson, Schroeder,
      Stegner, Stennett, Sweet, Werk, Williams
      NAYS -- None
      Absent and excused -- Broadsword
    Floor Sponsor - Malepeai
    Title apvd - to House
02/25    To enrol
02/28    Rpt enrol - Sp signed
03/01    Pres signed - To Governor
03/02    Governor signed
         Session Law Chapter 27
         Effective: 07/01/05

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 39
                                                                        
                          BY TRANSPORTATION AND DEFENSE COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO SEARCH AND RESCUE OPERATIONS; AMENDING SECTION 21-114, IDAHO CODE,
  3        TO PROVIDE THAT PILOT REGISTRATION FEES MAY ALSO BE USED FOR PILOT  SAFETY
  4        PROGRAMS,  TO  PROVIDE  THAT SEARCH AND RESCUE OPERATIONS SHALL BE COORDI-
  5        NATED BY THE CHIEF OF THE BUREAU OF HOMELAND SECURITY AND TO PROVIDE  THAT
  6        AERIAL  SEARCH OPERATIONS SHALL BE COORDINATED BY THE DIVISION OF AERONAU-
  7        TICS UNDER THE IDAHO  TRANSPORTATION  DEPARTMENT;  AND  AMENDING  SECTIONS
  8        46-1006 AND 46-1009, IDAHO CODE, TO TRANSFER AUTHORITY FOR COORDINATION OF
  9        GENERAL  SEARCH  AND  RESCUE  OPERATIONS  TO  THE  CHIEF  OF THE BUREAU OF
 10        HOMELAND SECURITY AND TO CLARIFY THAT AERIAL SEARCH  OPERATIONS  SHALL  BE
 11        COORDINATED  BY  THE IDAHO TRANSPORTATION DEPARTMENT, DIVISION OF AERONAU-
 12        TICS.
                                                                        
 13    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 14        SECTION 1.  That Section 21-114, Idaho Code, be, and the  same  is  hereby
 15    amended to read as follows:
                                                                        
 16        21-114.  REGISTRATION OF PILOTS AND AIRCRAFT -- REQUISITES. (a) Pilot Reg-
 17    istration  --  Fees.  Subject  to the limitation of subsections (c) and (d) of
 18    this section, the department is authorized to require  that  every  individual
 19    who  pilots  an  aircraft within this state is to register with the department
 20    and to renew such registration every other year thereafter in which he  pilots
 21    an  aircraft within this state. The department may charge for each such regis-
 22    tration, and for each biennial  renewal  thereof,  a  fee  of  twelve  dollars
 23    ($12.00).  Such  income  shall be used for department expenses associated with
 24    search and rescue of lost aircraft and airmen, which said and for pilot safety
 25    programs. Ssearch and rescue coordination shall be  under  the  direction  and
 26    supervision  of  the  director chief of the bureau of homeland security within
 27    the military division,  with  aerial  search  operations  coordinated  by  the
 28    department, division of aeronautics.
 29        (b)  Aircraft Registration -- Fees.
 30        (1)  Private  Aircraft.  Subject to the limitations of subsections (c) and
 31        (d) of this section, every aircraft operating  within  this  state  and/or
 32        holding  a currently valid airworthiness certificate and a currently valid
 33        annual inspection or progressive inspection system issued by the appropri-
 34        ate federal agency, shall be registered with the department  prior  to  or
 35        during  each  annual  registration  year in which the aircraft is operated
 36        within this state. The annual registration year shall commence on the date
 37        provided by regulation, and the holding of a currently valid airworthiness
 38        certificate and a currently valid annual inspection or progressive inspec-
 39        tion system issued by the appropriate federal agency shall  be  considered
 40        prima facie evidence that the aircraft is operating within this state. The
 41        department  shall  charge  for each such registration, and for each annual
 42        renewal thereof, the fees at the rate of one cent (1¢) per pound of  gross
 43        weight  authorized in the aircraft listing, aircraft specification or type
                                                                        
                                           2
                                                                        
  1        certificate data sheet of said aircraft issued  by  the  federal  aviation
  2        agency,  and  in no case to exceed two hundred dollars ($200) upon any one
  3        (1) aircraft, provided that such fee shall be  in  lieu  of  all  personal
  4        property taxes on such aircraft.
  5             Registration certificates shall be kept in the aircraft at all times.
  6        In addition to the registration certificate, an identifying decal shall be
  7        issued  and placed on the left side of the aircraft either upon the verti-
  8        cal stabilizer thereof or upon a window nearest to the rear  of  the  air-
  9        craft, fully visible from the outside of the aircraft.
 10             Aircraft  shall  only  be  registered  prior to or during the current
 11        annual registration year. There shall be no registration of  aircraft  for
 12        any  registration  period which is prior to the current registration year.
 13        Registration certificates issued after expiration of  the  first  six  (6)
 14        months  of  the  current  annual  registration  year, as prescribed by the
 15        department, shall be issued at the rate of  fifty  percent  (50%)  of  the
 16        annual fee. Those aircraft that have been found in violation of the provi-
 17        sions  of  this  section  after the first six (6) months will pay the full
 18        year's fee.
 19        (2)  Manufacturers and Dealers License. It shall be unlawful for any  per-
 20        son  to carry on or conduct the business of buying, selling, or dealing in
 21        aircraft unless registered with the department, as  such  manufacturer  or
 22        dealer.  Any manufacturer or dealer in aircraft owning, having an interest
 23        in, or having in his possession an aircraft for the purpose of sale, shall
 24        upon the registration and payment of fees as in this act required, acquire
 25        one (1) registration certificate which shall bear the  distinctive  regis-
 26        tration  number  issued  to such manufacturer or dealer, and any number of
 27        identifying decals. The registration certificate shall be kept at the main
 28        office of the manufacturer or dealer and an  identifying  decal  shall  be
 29        placed  upon  the  left  side  of  every aircraft that the manufacturer or
 30        dealer may have an interest in which is held for sale, on  the  left  side
 31        thereof  either  upon  the vertical stabilizer or upon a window nearest to
 32        the rear of the aircraft.
 33             An identifying decal issued to a manufacturer or  dealer  during  the
 34        calendar  year  for  which  issued  can be transferred from an aircraft no
 35        longer in the possession of the dealer or manufacturer for sale or  demon-
 36        stration  to  one acquired for the purpose of sale or demonstration during
 37        the calendar year.
 38             No identifying decal issued to a manufacturer  or  dealer  as  herein
 39        provided  may  be transferred to an aircraft owned or in the possession of
 40        such manufacturer or dealer when such aircraft is used solely for  commer-
 41        cial purposes.
 42             The  fee  to be paid by a manufacturer or dealer in aircraft shall be
 43        forty dollars ($40.00) for the registration  certificate  and  one  dollar
 44        ($1.00) for each identifying decal issued to such manufacturer or dealer.
 45        (c)  Requirements for Registration, Issuance of Certificate. Possession of
 46    the  appropriate  effective  federal  certificate,  permit,  rating or license
 47    relating to competency of the pilot or ownership and airworthiness of the air-
 48    craft, as the case may be, and payment of the fee duly  required  pursuant  to
 49    the  provisions  of this section shall be the only requisites for registration
 50    of a pilot or an aircraft under this section. Registration shall  be  effected
 51    by  filing  with the department a written statement containing the information
 52    reasonably required by the department for such purpose. It shall not be neces-
 53    sary for the registrant to provide the department with originals or copies  of
 54    federal  certificates,  permits, ratings or licenses. The department may issue
 55    certificates of registration, or such other evidences of registration or  pay-
                                                                        
                                           3
                                                                        
  1    ment  of fees as it may deem proper, and in connection therewith may prescribe
  2    requirements for the possession and exhibition of such certificates  or  other
  3    evidences  similar  to  the requirements of section 21-113(b), Idaho Code, for
  4    the possession and exhibition of federal  airman  and  aircraft  certificates,
  5    permits,  ratings  or  licenses.  Failure  to  register, if required, shall be
  6    unlawful.
  7        (d)  Exemptions. The provisions of this section shall not apply to:
  8        (1)  An aircraft owned by, and used exclusively in  the  service  of,  any
  9        government  or any political subdivision thereof, including the government
 10        of the United States, any state, territory, or possession  of  the  United
 11        States,  or  the  District  of Columbia,  which is not engaged in carrying
 12        persons or property for commercial purposes;
 13        (2)  An aircraft which is owned by a bona fide nonresident of this  state;
 14        provided,  however,  that  this exemption shall not apply to such aircraft
 15        operated in the transportation of persons or property for hire,  in  dust-
 16        ing,  seeding,  or spraying for hire, or in any other activity for hire in
 17        this state, whether such aircraft so operated be engaged casually or  con-
 18        tinuously;
 19        (3)  An  aircraft engaged principally in commercial airline or air freight
 20        flying constituting an act of interstate or foreign commerce while operat-
 21        ing under a certificate, permit  or  license  issued  by  the  appropriate
 22        agency of the United States government;
 23        (4)  An  individual piloting an aircraft owned by, and used exclusively in
 24        the service of, any  government  or  any  political  subdivision  thereof,
 25        including  the  government  of the United States, any state, territory, or
 26        possession of the United States, or the District of Columbia, which is not
 27        engaged in carrying persons or property for commercial purposes;
 28        (5)  An individual piloting any aircraft registered under the  laws  of  a
 29        foreign country;
 30        (6)  A  bona  fide  nonresident  of  this  state piloting aircraft in this
 31        state; provided, however, that this exemption shall not apply to any  non-
 32        resident piloting an aircraft in this state for hire whether such nonresi-
 33        dent is so engaged casually or continuously;
 34        (7)  An  individual piloting an aircraft engaged principally in commercial
 35        airline or air freight flying constituting an act of interstate or foreign
 36        commerce, while such aircraft is being operated under a certificate,  per-
 37        mit  or license issued by the appropriate agency of the United States gov-
 38        ernment;
 39        (8)  An individual operating model aircraft;
 40        (9)  An individual piloting an aircraft which is equipped with fully func-
 41        tioning dual controls when a properly certified pilot is in full charge of
 42        one (1) set of said controls and such flight is solely for instruction  or
 43        for  the  demonstration  of  said aircraft to a bona fide prospective pur-
 44        chaser.
 45        (e)  Transfer of Aircraft. When the ownership of  an  aircraft  registered
 46    under  the  provisions  of  this section is transferred, the new owner will be
 47    required to register the aircraft under the provisions of this section. If the
 48    transferor wishes to register another aircraft he shall pay  the  registration
 49    fee  required by this section less the amount of registration fee already paid
 50    on the aircraft which was sold, or if the transferor shall have an aircraft to
 51    be registered with a useful load less than the  aircraft  that  was  sold,  he
 52    shall pay a transfer fee of one dollar ($1.00).
                                                                        
 53        SECTION  2.  That  Section 46-1006, Idaho Code, be, and the same is hereby
 54    amended to read as follows:
                                                                        
                                           4
                                                                        
  1        46-1006.  POWERS AND DUTIES OF CHIEF AND BUREAU. (1)  In  all  matters  of
  2    disaster services, the adjutant general shall represent the governor and shall
  3    on behalf of the governor, coordinate the activities of all of the state agen-
  4    cies  in  disaster  services. The bureau shall have a coordinating officer and
  5    other professional, technical, secretarial and  clerical  employees  necessary
  6    for the performance of its functions.
  7        (2)  The  bureau  shall prepare, maintain and update a state disaster plan
  8    based on the principle of self help at each level of government. The plan  may
  9    provide for:
 10        (a)  Prevention and minimization of injury and damage caused by disaster;
 11        (b)  Prompt and effective response to disaster;
 12        (c)  Emergency relief;
 13        (d)  Identification of areas particularly vulnerable to disasters;
 14        (e)  Assistance  to  local  officials  in designing local emergency action
 15        plans;
 16        (f)  Authorization and procedures for the erection or  other  construction
 17        of temporary works designed to protect against or mitigate danger, damage,
 18        or loss from disaster;
 19        (g)  Preparation and distribution to the appropriate state and local offi-
 20        cials of catalogs of federal, state and private assistance programs;
 21        (h)  Assistance  to local officials in designing plans for search, rescue,
 22        and recovery of persons lost,  entrapped,  victimized,  or  threatened  by
 23        disaster;
 24        (i)  Organization of manpower and chains of command;
 25        (j)  Coordination of federal, state, and local disaster activities;
 26        (k)  Coordination  of  the  state disaster plan with the disaster plans of
 27        the federal government.
 28        (3)  The bureau shall participate in the development and revision of local
 29    and intergovernmental disaster plans. To this end it may employ  or  otherwise
 30    secure  the services of professional and technical personnel to provide expert
 31    assistance to political subdivisions, their disaster agencies,  and  intergov-
 32    ernmental  planning  and  disaster agencies. This personnel shall consult with
 33    subdivisions and agencies and shall make field examinations of the areas, cir-
 34    cumstances, and conditions to which  particular  local  and  intergovernmental
 35    disaster plans are intended to apply.
 36        (4)  In  preparing  and  maintaining  the  state disaster plan, the bureau
 37    shall seek the advice and assistance of  local  government,  business,  labor,
 38    industry,  agriculture, civic, and volunteer organizations and community lead-
 39    ers. In advising  local  and  intergovernmental  agencies,  the  bureau  shall
 40    encourage them also to seek advice from these sources.
 41        (5)  The  state  disaster  plan or any part thereof may be incorporated in
 42    rules of the bureau promulgated subject to chapter 52, title 67, Idaho Code.
 43        (6)  The bureau shall:
 44        (a)  Promulgate standards and criteria  for  local  and  intergovernmental
 45        disaster plans;
 46        (b)  Periodically review local and intergovernmental disaster plans;
 47        (c)  Assist political subdivisions, their disaster agencies, and intergov-
 48        ernmental disaster agencies to establish and operate training programs and
 49        programs of public information;
 50        (d)  Plan  and  make arrangements for the availability and use of any pri-
 51        vate facilities, services, and property and, if necessary and if  in  fact
 52        used, provide for payment for use under terms and conditions agreed upon;
 53        (e)  Prepare executive orders and proclamations for issuance by the gover-
 54        nor, as necessary or appropriate in coping with disasters;
 55        (f)  Cooperate  with  the  federal  government  and  any public or private
                                                                        
                                           5
                                                                        
  1        agency or entity in achieving any purpose of this act and in  implementing
  2        programs for disaster prevention, preparation, response, and recovery;
  3        (g)  Maintain a register of search and rescue organizations, units, teams,
  4        or individuals operating within the state;
  5        (h)  Assist search and rescue units to accomplish standards for equipment,
  6        training and proficiency; and
  7        (i)  Coordinate  search and rescue of lost aircraft and airmen pursuant to
  8        section 21-114, Idaho Code, with aerial search operations  coordinated  by
  9        the Idaho transportation department, division of aeronautics;
 10        (j)  In addition to disaster prevention measures as included in the state,
 11        local,  and intergovernmental disaster plans, the bureau shall consider on
 12        a continuing basis steps that could be taken  to  prevent  or  reduce  the
 13        harmful consequences of disasters. The governor from time to time may make
 14        recommendations  to the legislature, local governments and other appropri-
 15        ate public and private entities as may facilitate measures for  prevention
 16        or reduction of the harmful consequences of disasters; and
 17        (jk)  Not limit the powers and duties of the department of transportation,
 18        division  of aeronautics, as provided by sections 21-114 and 21-118, Idaho
 19        Code.
                                                                        
 20        SECTION 3.  That Section 46-1009, Idaho Code, be, and the same  is  hereby
 21    amended to read as follows:
                                                                        
 22        46-1009.  LOCAL  AND INTERGOVERNMENTAL DISASTER AGENCIES AND SERVICES. (1)
 23    Each county within this state shall be within the jurisdiction of  and  served
 24    by  the  bureau  and  by  a county or intergovernmental agency responsible for
 25    disaster preparedness and coordination of response.
 26        (2)  Each county shall maintain a disaster agency  or  participate  in  an
 27    intergovernmental  disaster  agency  which, except as otherwise provided under
 28    this act, has jurisdiction over and serves the entire county, or shall have  a
 29    liaison officer appointed by the county commissioners designated to facilitate
 30    the  cooperation  and  protection  of that subdivision in the work of disaster
 31    prevention, preparedness, response and recovery.
 32        (3)  The chairman of the board of county commissioners of each  county  in
 33    the state shall notify the bureau of the manner in which the county is provid-
 34    ing  or  securing disaster planning and emergency services. The chairman shall
 35    identify the person who heads the agency or acts in the  capacity  of  liaison
 36    from  which the service is obtained, and furnish additional information relat-
 37    ing thereto as the bureau requires.
 38        (4)  Each county and/or intergovernmental agency shall  prepare  and  keep
 39    current a local or intergovernmental disaster emergency plan for its area.
 40        (5)  The  county or intergovernmental disaster agency, as the case may be,
 41    shall prepare and distribute to all appropriate officials in  written  form  a
 42    clear  and  complete  statement of the emergency responsibilities of all local
 43    agencies and officials and of the disaster chain of command.
 44        (6)  Except as provided in subsections (7), (8), (9) and (10) of this sec-
 45    tion, the sheriff of each county shall:
 46        (a)  be the official responsible for command  of  all  search  and  rescue
 47        operations within his jurisdiction;
 48        (b)  prepare  and  keep  current  a  plan to command the search and rescue
 49        capability and resources available within the county.
 50        (7)  Pursuant to chapter 1, title 21, Idaho Code, subsection (6)  of  this
 51    section  shall not apply to all aerial activity related to the search for lost
 52    aircraft and airmen. which Search and rescue coordination shall be  under  the
 53    direction  and  supervision of the director of chief of the bureau of homeland
                                                                        
                                           6
                                                                        
  1    security within the military division, with aerial search  operations  coordi-
  2    nated  by  the Idaho transportation department, and coordinated with the divi-
  3    sion of aeronautics.
  4        (8)  Nothing in subsection (6) of this section shall apply to  search  and
  5    rescue  operations within the incorporated limits of any city.
  6        (9)  Nothing  in  subsection (6) of this section shall apply to the rescue
  7    of entrapped or injured persons where their location is known to be  within  a
  8    fire district, where the fire district performs such service.
  9        (10) Nothing  contained  in  subsection (6) of this section shall apply to
 10    the removal of entrapped or injured persons where  the  person's  location  is
 11    known to a local EMS agency licensed by the state of Idaho.

Statement of Purpose / Fiscal Impact


                     STATEMENT  OF  PURPOSE
                            RS 14397

This legislation would amend Sections 21-114, 46-1006 and 46-1009,
Idaho Code, to transfer the responsibility for the direction and
supervision of search and rescue from the Idaho Transportation
Department (ITD) to the Bureau of Homeland Security within the
Military Division of the Office of the Governor, the state's
primary emergency services agency. The Division of Aeronautics
within ITD will continue to coordinate aerial search operations.
Section 21-114 will also be amended to allow the fees for
registration of pilots and aircraft to be used for pilot safety
programs as well as search and rescue operations. This will allow
the Division of Aeronautics to expand and emphasize accident
avoidance training programs for pilots, which should result in
fewer search and rescue operations. 


                         FISCAL  IMPACT

There is no direct fiscal impact for this legislation. The
legislation would allow the use of pilot and aircraft registration
fees under Section 21-114, Idaho Code, to be used for pilot safety
programs as well as search and rescue operations. These fees amount
to approximately $25,000 every two years.


Contact   
Name:     Bob Martin
Agency:   Idaho Transportation Department
Phone:    334-8788

STATEMENT OF PURPOSE/FISCAL NOTE                      H 39