HOUSE BILL REPORT

                 SSB 5337

             As Reported By House Committee On:

                       Transportation

Title:  An act relating to the department of transportation's aeronautics division.

Brief Description:  Regulating aeronautics.

Sponsors:  Senate Committee on Transportation (originally sponsored by Senators Sutherland and Vognild).

Brief History:

  Reported by House Committee on:

Transportation, March 31, 1993, DP.

HOUSE COMMITTEE ON TRANSPORTATION

Majority Report:  Do pass.  Signed by 26 members:  Representatives R. Fisher, Chair; Brown, Vice Chair; Jones, Vice Chair; Schmidt, Ranking Minority Member; Mielke, Assistant Ranking Minority Member; Brough; Brumsickle; Cothern; Eide; Finkbeiner; Forner; Fuhrman; Heavey; Horn; Johanson; J. Kohl; R. Meyers; Miller; H. Myers; Orr; Patterson; Quall; Sheldon; Shin; Wood; and Zellinsky.

Minority Report:  Without recommendation.  Signed by 1 member:  Representative Hansen.

Staff:  Jennifer Joly (786-7305).

Background:  The Department of Transportation's Aeronautics Division provides technical assistance and grants to general aviation airports statewide.  The division also maintains state-owned emergency airfields, responds to search and rescue requests, provides aviation safety education classes, registers pilots and aircraft, plans for the state aviation system, and coordinates aviation with other transportation modes.

The definition of a dealer includes persons engaged in the business of selling, exchanging or acting as a broker of aircraft.  It is unlawful to sell aircraft without a license, but there is no penalty for the offense. 

Only an aircraft that is operated within the state must register with the department.

Summary of Bill:  The definition of aircraft dealer is expanded to include persons who offer for sale two or more aircraft within a calendar year. 

A provision is added to penalize persons who act as aircraft dealers without a license.  A person who acts as an aircraft dealer without first obtaining an aircraft dealer's license is guilty of a misdemeanor punishable by either a fine of not more than $1,000 or by imprisonment for not more than 90 days, or both.  A second or subsequent offense within a five-year period is considered a gross misdemeanor and is punishable by either a fine of not more than $5,000 or imprisonment for not more than one year, or both.  The court may also prohibit the violator from acting as an aircraft dealer within the state for a period of up to one year.

References to airman in existing law are changed to read airman/airwoman.

The definition of airman/airwoman is expanded to include those persons who also work on airframes.

Every airman/airwoman who is not registered as a pilot and who is a resident of the state, or every nonresident who works regularly as an airman/airwoman in the state must register with the department.  A fee of up to $10 is charged to be used for the Aeronautics Division's Safety and Rescue Program and Safety and Education Program.

The penalty for violating the laws enforced by the Aeronautics Division is increased from $100 to $1,000.  Imprisonment for a violation is increased from 30 to 90 days.  The fine for operating while under the influence of drugs or alcohol is increased from $1,000 to $5,000.  The penalties that may be imposed by the district and Superior Court will be the same.

The requirement for aircraft registration is expanded to include an aircraft that is based within the state.

Exemptions for registration requirements are expanded to include aircraft based in the state that are not in airworthy condition, are not operated within the registration period, and have obtained a written exemption issued by the secretary of transportation.

Fiscal Note:  Available.

Effective Date:  Ninety days after adjournment of session in which bill is passed.

Testimony For:  Changes to the existing statutory scheme are necessary in order to add a penalty for the sale of aircraft without a license.  The Aeronautics Division of the Department of Transportation provides services for aviation mechanics and inspectors.  This bill will require aviation mechanics and inspectors to register with the department.

Testimony Against:  None.

Witnesses:  Bill Hamilton, Aeronautics Division, Department of Transportation.