Aviation Legislation: 2004 State Legislative Summary

January 2005

By Catherine A. Chan, NCSL Transportation Program

Introduction
Recent Federal Activity
Table 1: Aviation Measures Introduced in the United States Congress
State Legislation
Fiscal
Tax Issues
State Programs and Regulations
Pilot and Aircraft Regulation
Airport Procedures
Employee Claims
Military Matters
Land Use Considerations
Fiscal Matters - state table
Tax Issues - state table
State Programs and Regulations - state table
Pilot and Aircraft Regulation - state table
Airport Procedures - state table
Employee Claims - state table
Military Matters - state table
Land Use Considerations - state table

Introduction

Aviation policy in the United States is driven by an interest in safety, security, transportation efficiency and economic growth. Governmental aviation policy is made at the federal, state and local levels. Generally, the federal government manages the air traffic control system, regulates airline and airport safety, oversees air travel security, and dispenses airport improvement grants to state and local governments. State governments operate airports; provide grants to local airports; conduct statewide aviation planning; license airports and aircraft; lend technical and engineering support to airport managers; provide personnel training; and address environmental factors such as noise, pollution, fuel tanks, land use planning and tall structures. Regional authorities and local governments operate airports, manage ground access to airports and parking, assess and collect passenger facility charges, address noise and environmental issues, and set local land use and zoning policy. The private sector plays a critical role in the nation's aviation system, primarily in aircraft manufacturing and provision of air transport service. This brief report provides an overview of recent federal activity and summarizes aviation-related bills that were enacted in the states during 2004.

Recent Federal Activity

Since September 11, 2001, federal initiatives in the aviation industry emphasize programs and policies directed at air traffic safety and security. Two key governmental agencies, the Federal Aviation Administration (FAA) and the Transportation Security Administration (TSA)¹ are divested with aviation responsibility and authority at the federal level.

The TSA issues and administers Transportation Security Regulations (TSRs). Many TSRs are former rules of the FAA that were transferred to TSA when it assumed FAA's civil aviation security function on February 17, 2002². The FAA is concerned with the safety of civil aviation, as it issues and enforces regulations and minimum standards covering manufacturing, operating, and maintaining aircraft.

Congress, in 2004 introduced at least 26 measures related to aviation. These bills are summarized below in Table 1.

Table 1. Aviation Measures Introduced in the United States Congress

BILL NUMBER	BILL SUMMARY	BILL STATUS
S 180	To establish the National Aviation Heritage Area.	9/17/04—Held at desk.
H.R. 280	To establish the National Aviation Heritage Area.	11/19/03—Received in the Senate, read twice and referred to the Committee on Energy and Natural Resources.
S 788	Second Century of Flight Act—a bill to enable the United States to maintain its leadership in aeronautics and aviation.	4/3/03—Read twice and referred to the Senate Committee on Commerce, Science, and Transportation.
H.R. 2271	Second Century of Flight Act—a bill to enable the United States to maintain its leadership in aeronautics and aviation.	6/2/03— Referred to the House Subcommittee on Space and Aeronautics.
H.R. 2734	Federal Aviation Administration Research and Development Reauthorization Act— a bill to authorize appropriations for the civil aviation research and development projects and activities of the Federal Aviation Administration, and for other purposes.	12/8/03—Placed on the Union Calendar.
S. CON. RES. 3	A concurrent resolution recognizing, applauding, and supporting the efforts of the Army Aviation Heritage Foundation, a nonprofit organization incorporated in the State of Georgia, to utilize veteran aviators of the Armed Forces and former Army Aviation aircraft to inspire Americans and to ensure that our Nation's military legacy and heritage of service are never forgotten.	1/29/03—Referred to the Senate Committee on Armed Services.
H. RES. 120	To commend the Aircraft Owners and Pilots Association on its proactive commitment to the security of general aviation.	3/5/03—Referred to House Subcommittee on Aviation.
S. 309	Aeronautics Research and Development Revitalization Act of 2003—a bill to enable the United States to maintain its leadership in aeronautics and aviation by instituting an initiative to develop technologies that will significantly lower noise, emissions, and fuel consumption, to reinvigorate basic and applied research in aeronautics and aviation, and for other purposes.	2/5/03—Read twice and referred to the Senate Committee on Commerce, Science, and Transportation.
H. RES. 586	Expressing the sense of the House of Representatives that an Aviation Maintenance Technician Day should be established in recognition of Charles Edward Taylor's invaluable contributions to aviation.	5/19/04—Referred to House Subcommittee on Aviation.
H. CON. RES. 516	Congratulating Jimmy Haywood and Kenny Roy for setting world records in civil aviation history and commending youth aviation programs that encourage young minorities to enter the field of civil aviation.	10/8/04—Referred to the House Committee on Transportation and Infrastructure.
H. RES. 571	Expressing the sense of the House of Representatives that an Aviation Maintenance Technician Day should be established and expressing appreciation for Charles Edward Taylor's invaluable contributions to aviation.	5/19/04—Referred to House Subcommittee on Aviation.
S. 2393	Aviation Security Advancement Act—a bill to improve aviation security.	11/19/04— Placed on Senate Legislative Calendar under General Orders.
S. 1618	Temporary Federal Aviation Administration Reauthorization Act of 2003—a bill to reauthorize Federal Aviation Administration Programs for the period beginning on October 1, 2003, and ending on March 31, 2004, and for other purposes.	9/17/03—Placed on Senate Legislative Calendar under General Orders.
H.R. 2006	To provide for the transfer of a Vietnam-era Cessna L-19D Bird Dog aircraft that is excess to the needs of the Department of State to Army Aviation Heritage Foundation.	5/7/03—Referred to the House Committee on International Relations.
H. CON. RES. 532	Commending the Aero Squad After School Program at Tomorrow's Aeronautical Museum in Compton, California, as well as other youth aviation programs that expose young minorities to the field of civil aviation.	12/8/04—Received in the Senate and referred to the Committee on Commerce, Science, and Transportation.
S. 1979	Fuel Fraud Prevention Act of 2003—a bill to amend the Internal Revenue Code of 1986 to prevent the fraudulent avoidance of fuel taxes.	11/25/03—Read twice and referred to the Senate Committee on Finance.
H.R. 2499	General Aviation Small Business Relief Act of 2003—to provide economic relief to general aviation small business concerns that have suffered substantial economic injury as a result of the terrorist attacks perpetrated against the United States on September 11, 2001.	6/17/03—Referred to the House Committee on Small Business.
H.R. 592	To expand aviation capacity.	2/6/03—Referred to House Subcommittee on Aviation.
H.R. 2776	Backcountry Landing Strip Access Act—To help ensure general aviation aircraft access to Federal land and to the airspace over that land.	7/4/03—Executive Comment Requested from Interior, USDA.
H.R. 2005	To support the public educational programs of the Army Aviation Heritage Foundation, a nonprofit organization incorporated in the State of Georgia, by amending title 32 of the United States Code to authorize the Army Aviation Heritage Foundation to receive National Guard services and assistance.	5/22/03—Referred to the House Subcommittee on Total Force.
H.R. 586	Aeronautics Research and Development Revitalization Act of 2003—To enable the United States to maintain its leadership in aeronautics and aviation by instituting an initiative to develop technologies that will enable future aircraft with significantly lower noise, emissions, and fuel consumption; to reinvigorate basic and applied research in aeronautics and aviation, and for other purposes.	2/20/03—Referred to the House Subcommittee on Space and Aeronautics.
S. 824	Aviation Investment and Revitalization Vision Act— A bill to reauthorize the Federal Aviation Administration, and for other purposes.	6/12/03—Returned to the Calendar.
H. RES. 331	Recognizing Igor I. Sikorsky, a national aviation pioneer.	7/24/03—Referred to House Subcommittee on Aviation.
H.R. 3971	Highway Reauthorization Tax Act of 2004— to amend the Internal Revenue Code of 1986 to credit the Highway Trust Fund with the full amount of fuel taxes, to combat fuel tax evasion, and for other purposes.	3/23/04—Placed on Union Calendar.
S. 83	National Aviation Capacity Expansion Act of 2003—a bill to expand aviation capacity in the Chicago area, and for other purposes.	01/07/03—Read twice and referred to the Committee on Commerce, Science, and Transportation.
S. RES. 141	A resolution recognizing "Inventing Flight: The Centennial Celebration", a celebration in Dayton, Ohio of the centennial of Wilbur and Orville Wright's first flight.	6/12/03—Resolution agreed to in Senate without amendment and with a preamble by Unanimous Consent.
H. CON. RES. 162	Honoring the city of Dayton, Ohio, and its many partners, for hosting "Inventing Flight: The Centennial Celebration", a celebration of the centennial of Wilbur and Orville Wright's first flight.	6/10/03—Received in the Senate and referred to the Committee on the Judiciary.
H. CON. RES 58	Honoring the City of Fayetteville, North Carolina, and its many partners for the Festival of Flight, a celebration of the centennial of Wilbur and Orville Wright's first flight, the first controlled, powered flight in history.	5/16/03— Resolution agreed to in Senate without amendment and with a preamble by Unanimous Consent.
H.R. 1366	Aviation Industry Stabilization Act of 2003—to amend title 49, United States Code, to provide relief to the airline industry, and for other purposes.	04/10/03—Referred to the Subcommittee on Energy and Air Quality, for a period to be subsequently determined by the Chairman.

State Legislation

In addition to new federal laws and requirements, states in 2004 considered and enacted various other aviation measures. At least 37 states enacted as many as 122 bills in 2004 related to aviation. Issues included fiscal matters, tax issues, state programs and regulation, pilot and aircraft regulation, airport procedures, employee claims, military matters, and land use considerations.

Fiscal

At least 12 states—Alaska, Connecticut, Hawaii, Louisiana, Massachusetts, Minnesota, Mississippi, New Hampshire, New Mexico, South Carolina, Vermont and Virginia—enacted fiscal measures related to aviation in 2004.

In Alaska, SB 216 was enacted to authorize revenue bonds secured by the gross revenue derived by the state from the ownership, lease, use, and operation of the airports, and of all airport facilities. Similarly, SB 1075 was enacted in South Carolina to delineate state funding for air carrier hub terminal facilities.Connecticut HB 5625, enacted in June 2004, requires filings for aircraft liens to be in duplicate rather than in quadruplicate, and makes technical and conforming changes.

Louisiana HB 434 was also enacted in June 2004, and it authorizes the use of certain monies for the General Aviation and Reliever Airport Maintenance Grant Program. New Hampshire enacted HB 561, which repeals the Uniform Aircraft Financial Responsibility Act and related rulemaking authority of the Commissioner of the New Hampshire Department of Transportation.

New Mexico enacted HB 234 to adjust distributions to the State Aviation Fund.

Tax Issues

In 2004 at least ten states—Alabama, California, Illinois, Indiana, Maine, Oklahoma, Rhode Island, Tennessee, Utah, and Virginia—enacted 14 measures related to taxation and aviation.

HB 440, signed into law in Alabama in April 2004, exempts from municipal sales and use tax the gross proceeds from the sale or sales of materials or supplies to any person for the use in fulfilling a contract for the painting, repair, conversion, modification or reconditioning of aircraft of a certain weight if the materials and supplies enter into and become a component part in the aircraft. The bill provides for retroactive effect.

California enacted AB 9E to reduce the tax on tangible personal property of aircraft common carriers. SB 1100 was also enacted in California, which requires the Board of Equalization to administer a tax amnesty program during a specific period for sales and use taxes imposed on aircraft. Maine, however, enacted HB 1338 to provide for sales tax collections related to retailer’s gross receipts of aircraft parts and aircraft fuel tanks.

Indiana HB 1365, enacted in March 2004, amends sales tax credits for aircraft bought or titled in another state.

Tennessee enacted SB 3454 to provide for sales tax on aviation fuel.

State Programs and Regulation

At least 14 states—California, Delaware, Georgia, Hawaii, Idaho, Massachusetts, Michigan, Mississippi, Nebraska, Ohio, Oklahoma, South Carolina, South Dakota and Tennessee—passed measures related to state programs and regulation as related to aviation.

Delaware enacted HJR 26 to establish the Philadelphia International Airport Air Traffic and Quality of Life Issues Action Group to support integrated local, state and federal response to the increased air traffic with the objective of mitigating the impact of air operations. This is achieved through working for changes in air routing, technology deployment, air traffic management and the improvement of other quality of life indices, including, but not limited to, pollution control and noise abatement.

Georgia enacted SB 243 to provide for an Airport Anti-Terrorism Training Committee and the training of airport managers. The act also directs the Georgia Emergency Management Agency to establish a unified incident command system. A similar bill, AB 1588, was vetoed by the Governor in California. The bill attempted to enact the Rapid Disaster Response Act of 2004. It would authorize the Director of Forestry and Fire Protection to acquire any type of helicopter or other aircraft or aircraft equipment appropriate to use in response to terrorist attacks, fires, floods, earthquakes and other disasters.

HB 4972, enacted in Massachusetts, creates an Aeronautics Commission and also authorizes the purchase of civil air patrol aviation education aid training books and materials necessary to carry out crash, rescue and emergency operations for cadet training activities. In South Carolina, HB 4537 has been ratified to create the state Aeronautics Commission.

California enacted AB 2430 to exclude from the definition of “commercial air operator” a person furnishing or providing transportation by hot air balloon for entertainment or recreational purposes and a hot air balloon from the definition of aircraft.

At least five states—Hawaii, Idaho, Michigan, Ohio and Tennessee—passed measures related to air medical services. In Hawaii, SB 3156 was enacted to provide that the state shall not be liable for any claim of injury or death based on failure to establish or continue emergency aeromedical services in any party of the state or in any county. The liability exemption also applies to any failure of the Hawaii Department of Heath to establish emergency aeromedical services. Idaho HB 697 amends existing law to provide for the adoption of rules by the Board of Health and Welfare concerning criteria for the use of air medical services by certified emergency medical personnel at emergency scenes. In Ohio, the enactment of HB 85 authorizes the Ohio Ambulance Licensing Board to license commercial air medical service organizations that operate air medical transportation.

South Dakota passed a measure limiting hunting from aircraft. HB 1300 provides that any person occupying land as an owner or lessee may apply to the Department of Game, Fish and Parks for a permit to kill or attempt to kill coyotes or foxes from an aircraft to protect or aid in the protection of the owner's or lessee's land, livestock, domesticated animals, or crops, water, wildlife, or human life.

Pilot and Aircraft Regulation

At least 12 measures were enacted in seven states—Alaska, Arizona, Louisiana, Oklahoma, Rhode Island, South Dakota and Utah—relating to regulation of pilots and aircraft.

At least three states—Alaska, Louisiana and Utah—passed measures related to blood alcohol concentration limits for operating an aircraft. Alaska SB 224 was enacted to lower the legal level of intoxication for operating an aircraft to .02 for persons under 21 years of age. Louisiana enacted HB 1097 to reduce the legal blood alcohol content for persons operating an aircraft to .08. The bill also exempts the state and state agencies from liability for accidents when the operator was operating the aircraft while above the legal limit for blood alcohol content. Utah adopted HB 128, which states that the illegal per se blood or breath alcohol concentration for operating an aircraft is .05 if a person is 21 years of age or older, has a passenger under 16 years present, and has a prior operating under the influence conviction.

Alaska enacted two measures related to civil liability associated with aircraft and airports. HB 273 states that an owner or operator of an aircraft is not liable for the civil damages of a person being transported in the owner's or operator's aircraft if the owner or operator is not for hire or being compensated. There are exceptions for negligence, however. HB 474 was enacted to exempt a person who without compensation constructs or repairs an aircraft runway, airfield or landing area from civil liability for damage, injury or death.

Rhode Island enacted four measures related to aircraft regulation. HB 7427 and SB 2237 authorize the Rhode Island Airport Corporation to take abandoned aircraft into its custody. Any abandoned aircraft, not reclaimed by the owner within 90 days, may be sold or otherwise disposed of. HB 7457 requires federal registration certificates for aircraft based or primarily used in the state. SB 2363 provides a more specific definition of Rhode Island based aircraft for registration purposes.

Airport Procedures

At least 20 states—Alaska, Arizona, California, Colorado, Florida, Georgia, Hawaii, Indiana, Kentucky, Maryland, Minnesota, Nebraska, New Hampshire, New York, North Carolina, Pennsylvania, Rhode Island, Utah, Virginia and Washington—enacted laws in 2003 regarding airport procedures.

At least 11 states—Arizona, California, Colorado, Florida, Georgia, Indiana, Nebraska, New York, North Carolina, Pennsylvania and Virginia—passed 17 measures related to state Airport Authorities. For example, Colorado HB 1019 concerns an increase in the maximum dollar amount of a contract that a public airport authority may execute without using a competitive bidding process that awards the contract to the lowest responsible bidder. In Indiana, HB 1435 was enacted to increase the size of the Indianapolis Airport Authority board.

Two states, Hawaii and Maryland, enacted measures related to airport concessionaires. In Hawaii, HB 3080 was enacted to urge the Governor and the Hawaii Department of Transportation to provide fair and reasonable lease terms for airport concessions. In Maryland, SB 488 allows one or more concessionaire licenses at Baltimore-Washington International Airport to sell alcoholic beverages for consumption within the airport terminal buildings.

Three states—Utah, Virginia and Washington—enacted measures related to firearms control within airports. In Utah, SB 233 provides that knowingly or intentionally possessing a firearm or dangerous weapon in a secure airport area is a Class A misdemeanor. In Virginia, SB 660 provides that it is a Class 1 misdemeanor for any person to possess or transport into any air carrier terminal in Virginia any gun or other weapon. And in Washington, SB 6389 prohibits weapons in restricted access areas of commercial service airports.

Employee Claims

At least four states—Alaska, Louisiana, New York and Pennsylvania—enacted aviation laws related to employee claims. In Alaska, SB 54 exempts flight crew members of certain air carriers from overtime pay requirements. Louisiana SB 743 provides benefits for Civil Air Patrol members injured or killed during performance of their duty. New York AB 3262 provides that past service costs relating to aircraft rescue firefighters of the Niagara Frontier Transportation Authority electing membership in the state retirement system shall be paid, in part, from existing contributions made to the first retirement system. In Pennsylvania, HB 89 further provides for the share of the surviving spouse of a decedent who died as a result of the terrorist attacks of September 11, 2001. A surviving spouse shall be entitled to 100% of any compensation award paid pursuant to the Air Transportation Safety and System Stabilization Act.

Military Matters

In issues related to aviation standards and military operations, at least five states—Arizona, California, Colorado, Oklahoma and Virginia— passed measures. Arizona HB 2277 amends provisions regarding a military airport. Arizona also enacted SB 1249, which provides for an aerospace and defense strategic plan.

Colorado enacted SB 126 to identify the mission of the Colorado Division of Civil Air Patrol in the Department of Military and Veterans Affairs to be to provide support for and to facilitate the operation of the civil air patrol.

Land Use Considerations

At least nine states—Arizona, California, Georgia, Kentucky, Louisiana, Minnesota, Mississippi, New Hampshire and Oklahoma—enacted measures related to land use and airports.

In Kentucky, SB 142 was enacted to expand the Airport Zoning Commission’s jurisdiction over land use to include all state licensed, private use airports with paved runways greater than 2,900 feet in length. SB 13, enacted in Louisiana provides for notice of proposed construction of and for the marking of certain wireless communication facilities to airports within three miles.

Mississippi enacted SB 2871 to revise the definition of airports to include buffer areas and areas for airport compatible development.

2004 Enacted Aviation Legislation Chart

Fiscal Matters

STATE	BILL NUMBER	DESCRIPTION
Alaska	SB 216	Relates to international airports revenue bonds.
Connecticut	HB 5625	Concerns aircraft and vessel liens; requires filings to be duplicate rather than quadruplicate.
Hawaii	HB 2523	Creates the Passenger Facility Charge Special Fund for deposit of all passenger facility charges to be sued for airport capital improvement projects approved by the legislature.
	SB 2045	Makes an appropriation to the Hawaii Civil Air Patrol to assist in defraying operational expenses.
Louisiana	SB 434	Authorizes the use of certain monies for the General Aviation and Reliever Airport Maintenance Grant Program and provides limitations.
Massachusetts	SB 1170	Authorizes the town of Nantucket to establish a revolving account for the sale of fuel at Nantucket Memorial Airport.
Minnesota	HB 1794	Decreases minimum required local contribution to federally funded airport hangar projects.
Mississippi	HB 1193	Increases per diem compensation for members of county port and harbor commissions; increases number of days that commissioners of regional or municipal authorities may receive compensation.
	HB 1702	Relates to Board of Agricultural Aviation appropriation.
New Hampshire	HB 561	Repeals the Uniform Aircraft Financial Responsibility Act and related rulemaking authority of the Commissioner of the Department of Transportation.
New Mexico	HB 234	Adjusts distributions to State Aviation Fund; relates to sales of jet engine fuel.
South Carolina	SB 1075	Relates to state funding of air carrier hub terminal facilities; provides a dollar for dollar match for local funds.
Vermont	SB 311	Authorizes grants to fixed-base operators at state airports.
Virginia	HB 220	Increases the maximum lien for repairs or alterations made at the request of the owner of the aircraft or keeper of the hangar.

Tax Issues

STATE	BILL NUMBER	DESCRIPTION
Alabama	HB 440	Exempts from municipal sales and use tax the gross proceeds from the sale or sales of materials or supplies to any person for use in fulfilling a contract for the painting, repair, conversion, modification or reconditioning of aircraft of a certain weight if the materials and supplies become a component part of the aircraft and to provide for a retroactive effect.
California	AB 9E	Reduces the tax on tangible personal property of aircraft common carriers.
	SB 1100	Relates to requiring the Board of Equalization to administer a tax amnesty program during a specified period for sales and use taxes on aircraft.
	SB 1880	Relates to procedures for property tax exemptions for certain works of art or property displayed in aerospace museums and historically related aircraft.
	SB 1881	Amends provisions of the Sales and Use Tax Law that require jet and diesel fuel suppliers and wholesalers to collect a prepayment of sales taxes.
Illinois	SB 1937	Creates the Tax Recovery Fund. Provides for an airport in Will County on land held by the Department of Transportation and for expenditure of leasehold taxes.
Indiana	HB 1365	Amends sales tax credits for aircraft bought or titled in another state.
Maine	HB 1338	Makes technical changes to tax laws; provides for sales tax collections related to aircraft parts and aircraft fuel tanks.
Oklahoma	SB 1121	Relates to aircraft excise tax; modifies the amounts payable and time period to avoid a penalty.
Rhode Island	HB 7211	Exempts new and used aircraft and aircraft parts stored in Rhode Island from sales and use taxes
	SB 2031	Exempts the sale or use of airplanes from sales and use taxes.
Tennessee	HB 3480	Relates to tax credits for the creation of aircraft repair facilities.
	HB 3483	Amends provisions regarding taxable aircraft.
	SB 1600	Provides a sales tax exemption for the sales of helicopters and related equipment within the state to purchasers who are not residents of the state.
	SB 3454	Provides for sales tax collections, exemptions and deductions for aviation fuel.
Utah	SB 3001A	Relates to collection of sales and use taxes on aircraft.
Virginia	HB 464	Provides local mobile property tax means tangible personal property tax on airplanes.

State Programs and Regulation

STATE	BILL NUMBER	DESCRIPTION
California	AB 2430	Excludes from the definition of “commercial air operator” a person furnishing or providing transportation by hot air balloon for entertainment or recreational purposes and a hot air balloon from the definition of aircraft.
	AB 2676	Authorizes a county board of supervisors or a city council to delegate its responsibility relating to the approval of an application by a person or political subdivision for the construction of a new heliport to the city or county planning agency.
Delaware	HB 50	Relates to the creation of a Delaware Aviation Advisory Council.
	HJR 26	Establishes the Philadelphia International Airport Air Traffic and Quality of Life Issues Action Group to support integrated local, state and federal response to the increased air traffic with the objective of mitigating the impact of air operations by working for changes in air routing, technology deployment, air traffic management and the improvement of other quality of life indices including, but not limited to, pollution control and noise abatement.
Georgia	SB 243	Provides for an Airport Anti-Terrorism Training Committee and the training of airport managers.
Hawaii	SB 3156	Provides that the state shall not be liable for any claim of injury or death based on failure to establish or continue emergency aeromedical services in any part of the state or in any county; includes any failure of the Department of Health to establish emergency aeromedical services.
Idaho	HB 697	Amends existing law to provide for the adoption of rules by the Board of Health and Welfare concerning criteria for the use of air medical services by certified emergency medical services personnel at emergency scenes.
Massachusetts	HB 4972	Authorizes purchase of civil air patrol aviation education aid training books and materials necessary to carry out crash, rescue and emergency operations and for cadet training activities, pilot insurance for death, damage or settlement of claims.
Michigan	HB 5895	Amends the Public Health Code to require issuance of certain health facility licenses within six months, including aircraft transport or medical first response service.
Mississippi	HB 409	Relates to the Agricultural Aviation Licensing Law of 2002.
Nebraska	LB 824	Authorizes allocation of funds by the Nebraska Aeronautics Commission for promotion of aviation.
Ohio	HB 85	Authorizes the Ohio Ambulance Licensing Board to license air medical service organizations that operate air medical transportation.
Oklahoma	SB 1172	Relates to the Uniform Controlled Dangerous Substances Act; provides that when any airplane is forfeited under the Act, the district court of jurisdiction may order that such forfeited property may be retained by the state, county or city law enforcement agency which seized the property for its official use.
South Carolina	HB 4537	Creates the State Aeronautics Commission; revises the definition of aviation gasoline to include general aviation jet fuel; provides that the Department of Transportation shall develop State Public Airports and an Air Transportation System.
	HB 5094	Allows an airline company to purchase beer, wine and alcoholic liquor directly from a licensed wholesaler.
South Dakota	HB 1300	Revises certain provisions relating to aerial hunting.
	SB 85	Revises certain provisions relating to the approval of airports; relates to the Aeronautics Commission.
Tennessee	SB 3214	Exempts from fees certain nonprofit air ambulance services for indigent patients; requires commercial pilot license for providers of such air ambulance services.

Pilot and Aircraft Regulation

STATE	BILL NUMBER	DESCRIPTION
Alaska	HB 273	Relates to civil liability for guest passengers on an aircraft. Owner or operator of aircraft is not liable for the civil damages of a person being transported in the aircraft if the owner or operator is not for hire or being compensated. There are exceptions for negligence.
	HB 474	Relates to civil liability associated with aircraft runways, airfields and landing areas; exempts a person who without compensation constructs or repairs an aircraft runway, airfield or landing area from civil liability for damage, injury or death. Includes runways , airfields or landing areas on privately owned land.
	SB 224	Relates to lowering the legal level of intoxication for operating an aircraft to .02 or the equivalent for persons under 21 years of age.
Arizona	HB 2466	Specifies fees for aircraft titles.
Louisiana	HB 1097	Reduces the legal blood alcohol content for persons operating an aircraft to .08. State and state agencies are exempt from liability for accidents when the operator was operating the aircraft while above the legal limit for blood alcohol content.
Oklahoma	HB 2494	Prohibits aircraft manufacturers from terminating certain agreements.
Rhode Island	HB 7427/ SB 2237	Authorizes the Rhode Island Airport Corporation to take abandoned aircraft into its custody; provides that any abandoned aircraft, not reclaimed by the owner within 90 days, may be sold or otherwise disposed of by the Rhode Island Airport Corporation.
	HB 7457	Requires federal registration certificates for aircraft based or primarily used in the state; increases the number of days a non-resident and non-commercial owner, operator or dealer may operate without registration from 10 to 90 days.
	SB 2363	Provides a more specific definition of Rhode Island based aircraft for registration purposes; provides that an aircraft shall be deemed to be based, or primarily used in the sate, when in the normal course of its use, according to airport records, it leaves from and returns to or remains at one or more points within the state more often or longer than at any other single location outside of the state.
South Dakota	HB 1063	Repeals the requirement for resident pilot registration.
Utah	HB 128	Relates to operating an aircraft while under the influence; provides that the illegal per se limit of blood or breath alcohol concentration is .05 if a person is 21 years of age or older and has a passenger under 16 years of age, and has a prior operating under the influence conviction.

Airport Procedures

STATE	BILL NUMBER	DESCRIPTION
Alaska	HB 549	Prohibits unsolicited communications by attorneys following an aircraft accident involving an air carrier providing intrastate passenger transportation with an individual injured in the accident or a relative of an individual injured or killed in the accident for the purpose of offering or discussing potential representation in an action based on the accident for personal injury or wrongful death within 45 days following the accident.
	SB 83	Names the Steven Hakaanson, Sr. Airport at old harbor.
Arizona	HB 2141	Relates to airport accident potential zones; defines airport runway clear zones and high noise or accident potential zones.
	HB 2149	Concerns the Joint Powers Airport Authority; authorizes the Authority to enter into contracts, leases and development agreements; authorizes use of eminent domain; prescribes rentals for use of facilities, products or services of the Airport Authority.
	SB 1230	Concerns peace officers; includes police officers appointed by the governing body of a public airport; requires certificate from Peace Officer Standards and Training Board.
California	AB 2155	Authorizes the San Diego County Regional Airport Authority to adopt and enforce rules and regulations for the administration, maintenance, operation and use of its facilities and services. Provides that a person who violates a rule, regulation or ordinance adopted by the board is guilty of a misdemeanor or an infraction.
	SB 1874	Changes the initial term of a member of the San Diego County Regional Airport Authority who is a mayor or member of the pubic of an east area city.
	AJR 10	Memorializes the Congress of the United States to designate the Imperial County Airport as an additional International Port of Entry for the Imperial County and requests the Board of Supervisors of Imperial County to take several related actions.
Colorado	HB 1019	Concerns an increase in the maximum dollar amount of a contract that a public airport authority may execute without using a competitive bidding process that awards the contract to the lowest responsible bidder.
Florida	HB 449	Relates to Sarasota-Manatee Airport Authority to provide that the member of an authority whose previous services does not exceed six consecutive years may be reappointed for an additional four-year term as long as such reappointment will not result in the member’s serving more than ten consecutive years.
	HB 625	Relates to Charlotte County Airport Authority; revises powers of authority.
	HB 1647	Relates to Jacksonville Airport Authority; creates and establishes separate charter provisions.
	HB 1675	Creates the Boca Raton Airport Authority; provides for codified charter, defines powers and duties.
Georgia	HB 974	Changes the membership and method of appointing members of the Jackson County Airport Authority.
	HB 1495	To change name of Dawson-Terrell County Airport Authority so as to provide that the city of Dawson shall not have any appointing authority.
	HB 1684	Relates to the Perry-Houston County Airport Authority; changes certain provisions relating to the membership of the authority.
Hawaii	SB 3080	Relates to transportation and airport concessions; urges the governor and the Department of Transportation to provide fair and reasonable lease terms for airport concessions that provide concessionaries with relief in times of economic emergencies.
Indiana	HB 1435	Increases the size of the Indianapolis Airport Authority board from seven to eight voting members; adds a non-advisory member to the board who is from a county located not more than 1200 feet from the airport.
Kentucky	HB 331	Relates to contracts for airports, to limit airport boards’ contract performance to entities actually contracted with, unless the airport board consents to the assignment and assumption of a contract with a new entity after reviewing factors deemed important by the airport board, including impact on airport safety and security.
Maryland	SB 488	Allows specified persons at Baltimore-Washington International Airport to hold one or more airport concessionaire licenses to sell alcoholic beverages for consumption within the airport terminal buildings.
Minnesota	HB 2737	Relates to municipal airports; prohibits closure without approval of the legislature and public notice and hearing.
Nebraska	LB 5	Corrects internal references and repeals certain original section relating to the Cities Airport Authorities Act.
New Hampshire	HB 812	Relates to state acquisition of privately owned airports; provides that all registered privately-owned airports offered for sale shall be offered for sale to the state; provides for the Long Range Capital Planning and Utilization Committee to render its decision on an airport acquisition.
New York	SB 7585	Increases the bonding limit of the Albany County Airport Authority.
North Carolina	HB 182	Names the Halifax-Northampton Regional Airport Authority.
	HB 626	Allows the city of Greensboro and the Piedmont Triad International Airport Administration to amend the boundaries of certain territories that cannot by annexed by the city under general law.
Pennsylvania	SB 145	Provides for education and training definitions for the airport authority police department.
Rhode Island	HB 5216	Outlines the municipal services to be provided to T.F. Green Airport.
	HB 5398	Includes the Rhode Island Airport Corporation police department in the definition of “police department.”
	HB 8197	Requires the installation of long-term air quality monitors within the city of Warwick to measure emissions from T.F. Green Airport.
	HB 8202	Amends permanent noise monitoring act by requiring copies of reports to be given to the mayors of the cities of Cranston and Warwick.
Utah	SB 58	Amends the Alcoholic Beverage Control Act; relates to airport lounge liquor licenses.
	SB 233	Revises the penalties for possessing a firearm or dangerous weapon in secure airport areas; provides that knowingly or intentionally possessing a firearm or dangerous weapon in a secure airport area is a class A misdemeanor.
Virginia	HB 58	Creates the Luray-Page County Airport Authority.
	SB 660	Provides that it is a Class 1 misdemeanor for any person to possess or transport into any air carrier terminal in the state any gun or other weapon designed or intended to propel a missile or projectile of any kind, frame, receiver, muffler, silencer, missile, projectile or ammunition designed for use with a dangerous weapon and any other dangerous weapon, including explosives, tasers, stun weapons, or any other dangerous weapon.
Washington	SB 6389	Prohibits weapons in restricted access areas of commercial service airports; requires such areas to be clearly indicated by prominent signs indicating that firearms and other weapons are prohibited in the area.

Employee Claims

STATE	BILL NUMBER	DESCRIPTION
Alaska	SB 54	Exempts flight crew members of certain air carriers from overtime pay requirements.
Louisiana	SB 743	Provides benefits for Civil Air Patrol members injured or killed during performance of their duty.
New York	AB 3262	Provides that past service costs relating to aircraft rescue firefighters of the Niagara Frontier Transportation Authority electing membership in the state retirement system shall be paid, in part, from existing contributions.
Pennsylvania	HB 89	Provides that in the case of a decedent who died as a result of the terrorist attacks of September 11, 2001, a surviving spouse shall be entitled to 100% of any compensation award paid pursuant to the Air Transportation Safety and System Stabilization Act.

Military Matters

STATE	BILL NUMBER	DESCRIPTION
Arizona	HB 2277	Amends provisions regarding a military airport.
	SB 1249	Relates to the Aerospace and Defense Commission; provides for an aerospace and defense strategic plan; requires communication and cooperation between commercial aviation, general aviation, defense, education, space, manufacturing, service and support, and research and development sectors.
California	AB 2585	Encourages the U.S. Navy to select Lemoore Naval Air Station as the Navy’s West Coast Operations Center to house the F-35 Joint Strike Fighter.
	SB 1462	Includes among certain entities that receive a referral of a proposal land use action the branches of the U.S. Armed Forces when the proposed action lies within military installations, special use airspace or a low-level flight path.
	SB 1526	Requires the Department of Forestry and Fire Protection, in cooperation with the Office of Emergency Services, to develop a program to certify active duty military pilots to engage in firefighting in the state.
	SJR 16	Urges airline companies in the U.S. to permanently establish reduced price airfares for active duty military personnel.
Colorado	SB 126	Identifies the mission of the Colorado Division of Civil Air Patrol in the Department of Military and Veterans Affairs to be to provide support for and to facilitate the operation of the civil air patrol, Colorado wing.
Oklahoma	HB 2472	Modifies reference to type of military installations.
Virginia	HB 714	Requires notice or re-zoning adjacent to military bases, installations and airports to the commander of the military facility and provides the opportunity of the commander to submit comments and recommendations.
	HB 2742	Relates to Herbert H. Bateman Advanced Shipbuilding and Carrier Integration Center; provides for investment grants if the government has awarded a prime contract to design and construct the Navy’s next aircraft carrier.

Land Use Considerations

STATE	BILL NUMBER	DESCRIPTION
Arizona	HB 2134	Prohibits a natural gas storage facility from being located within three miles of a border of an active duty military air force base that has pilot training as its primary mission or airport; includes liquefied natural gas.
	HB 2662	Concerns airport zoning and regulation; relates to military training routes that allow Department of Defense aircraft to conduct flights at a specified speed and a specified height above the ground; requires notification in records in the office of the county recorder and on the website with a disclaimer that subdivider has no control over military training routes and associated levels of noise.
California	AB 920	Relates to effects of an airport disclosure by city or county.
	SB 1233	Relates to airports and land use planning.
Georgia	SR 589	Directs a study with respect to the potential location of a regional airport in Butts County.
Kentucky	SB 142	Expands the Airport Zoning Commission’s jurisdiction over land use to include all state licensed, private use airports with paved runways greater than 2,900 feet in length.
Louisiana	SB 13	Provides for a notice of the proposed construction of and for the marking of certain wireless communication facilities; requires notification of airports within three miles of the proposed facility and the Agricultural Aviation Association.
Minnesota	SB 2274	Amends provisions regarding a request from the Department of Transportation to review the master plan for an airport.
Mississippi	SB 2871	Revises definition of airports to include buffer areas and areas for airport compatible development.
New Hampshire	HB 618	Allows the city of Manchester to issue certificates of occupancy and building permits for airport district aeronautical facilities.
Oklahoma	SB 851	Prohibits exceptions for land in proximity to airport, spaceport and military installations.

1. Codified in 49 CFR Chap. 12, parts 1500-1699

2. See Federal Register Notice 67 FR 7939 for further information.

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Aviation Legislation: 2004 State Legislative Summary

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