FINAL BILL REPORT

                           SSB 5337

PARTIAL VETO

                          C 208 L 93

                      SYNOPSIS AS ENACTED

Brief Description:  Regulating aeronautics.

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

SENATE COMMITTEE ON TRANSPORTATION

HOUSE COMMITTEE ON TRANSPORTATION

BACKGROUND:

The Department of Transportation 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:

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

A person who acts as an aircraft dealer without first obtaining an aircraft dealer's license is guilty of a misdemeanor punishable by 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 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 are changed to read airman/airwoman.  The definition of airman/airwoman is expanded to include persons who also work on airframes.

Every airman or 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 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 an aircraft 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 are the same.

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

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

VOTES ON FINAL PASSAGE:

Senate    47   0

House     95   1

EFFECTIVE:July 25, 1993

Partial Veto Summary:  The section pertaining to penalties associated with violations of the aeronautic statutes was vetoed.  Penalties for all modes of transportation were made uniform through ESHB 1127.  (See VETO MESSAGE)