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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
]]]] 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 saidand for pilot safety 25 programs. S search and rescue coordination shall be under the direction and 26 supervision of the directorchief 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; and7 (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. whichSearch and rescue coordination shall be under the 53 direction and supervision of the director ofchief 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 thedivi- 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 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