SENATE BILL REPORT
SB 5337
AS REPORTED BY COMMITTEE ON TRANSPORTATION, FEBRUARY 8, 1993
Brief Description: Regulating aeronautics.
SPONSORS: Senators Sutherland and Vognild
SENATE COMMITTEE ON TRANSPORTATION
Majority Report: That Substitute Senate Bill No. 5337 be substituted therefor, and the substitute bill do pass.
Signed by Senators Vognild, Chairman; Loveland, Vice Chairman; Skratek, Vice Chairman; Drew, Haugen, Nelson, Oke, Prentice, M. Rasmussen, Sheldon, and Winsley.
Staff: Jennifer Joly (786‑7305)
Hearing Dates: February 2, 1993; February 8, 1993
BACKGROUND:
The Department of Transportation's Aeronautics Division provides technical assistance and grants to general aviation airports statewide. The department 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 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 aircraft worker who is not registered as a pilot, a resident of the state, or works regularly as an aircraft worker in the state must register with the department. A fee is charged of up to $10 to be used for the department'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 is expanded to include an aircraft based in the state that is not in airworthy condition, is not operated within the registration period, and has obtained a written exemption issued by the Secretary of Transportation.
EFFECT OF PROPOSED SUBSTITUTE:
References to "aircraft worker" are changed to "airman or airwoman" to be consistent with the federal regulatory scheme.
Appropriation: none
Revenue: none
Fiscal Note: requested
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 Divisions at 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
TESTIFIED: PRO: William Hamilton, Dept. of Transportation; Assistant Secretary of Aeronautics, Department of Transportation; John Wulle, Assistant Attorney General; Gordon Walgren, Washington Airport Managers Assn.