Bill Text: IA HSB88 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act relating to special certificates issued to aircraft manufacturers, transporters, and dealers, providing fees, making penalties applicable, and including effective date and applicability provisions.
Spectrum: Committee Bill
Status: (N/A - Dead) 2019-02-13 - Committee report, recommending passage. H.J. 292. [HSB88 Detail]
Download: Iowa-2019-HSB88-Introduced.html
House
Study
Bill
88
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
TRANSPORTATION
BILL
BY
CHAIRPERSON
HINSON)
A
BILL
FOR
An
Act
relating
to
special
certificates
issued
to
aircraft
1
manufacturers,
transporters,
and
dealers,
providing
fees,
2
making
penalties
applicable,
and
including
effective
date
3
and
applicability
provisions.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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Section
1.
Section
328.28,
subsection
1,
Code
2019,
is
1
amended
to
read
as
follows:
2
1.
A
manufacturer
or
dealer
owning
an
aircraft
otherwise
3
required
to
be
registered
under
this
chapter
may
operate
the
4
aircraft
for
up
to
three
years
for
purposes
of
transporting,
5
testing,
demonstrating,
or
selling
the
aircraft
without
6
registering
the
aircraft,
upon
condition
that
a
special
7
certificate
be
obtained
by
the
owner
for
each
year
the
owner
8
operates
the
aircraft
as
provided
in
this
section
and
sections
9
328.29
through
328.33
.
10
Sec.
2.
Section
328.29,
Code
2019,
is
amended
to
read
as
11
follows:
12
328.29
Application
for
special
certificate
——
fee.
13
A
manufacturer,
transporter,
or
dealer
may,
upon
payment
14
of
a
one
four
hundred
dollar
fee,
make
application
to
the
15
department
upon
such
forms
as
the
department
may
prescribe
16
for
a
special
certificate.
The
applicant
shall
also
submit
17
such
reasonable
proof
of
the
applicant’s
status
as
a
bona
fide
18
manufacturer,
transporter,
or
dealer
as
the
department
may
19
require.
Dealers
in
new
aircraft
shall
furnish
satisfactory
20
evidence
of
a
valid
franchise
with
the
manufacturer
or
21
distributor
of
such
aircraft
authorizing
such
dealership.
22
Sec.
3.
Section
328.32,
Code
2019,
is
amended
to
read
as
23
follows:
24
328.32
Expiration
of
special
certificate.
25
A
special
certificate
expires
at
midnight
on
June
30
October
26
31
,
and
a
new
special
certificate
for
the
ensuing
year
may
be
27
obtained
by
the
person
to
whom
the
expired
special
certificate
28
was
issued,
upon
application
to
the
department
and
payment
of
29
the
fee
provided
in
section
328.29
.
30
Sec.
4.
Section
328.34,
Code
2019,
is
amended
by
adding
the
31
following
new
subsection:
32
NEW
SUBSECTION
.
7.
That
the
person
making
application
for,
33
or
holding,
a
special
certificate
operated
an
aircraft
for
34
purposes
of
transporting,
testing,
demonstrating,
or
selling
35
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the
aircraft,
without
registering
the
aircraft,
after
three
1
years
of
holding
a
special
certificate
for
the
aircraft
in
2
violation
of
section
328.28.
3
Sec.
5.
Section
328.36,
subsection
1,
Code
2019,
is
amended
4
to
read
as
follows:
5
1.
All
moneys
received
by
the
department
pursuant
to
section
6
sections
328.21
and
328.29
shall
be
deposited
into
the
state
7
aviation
fund
created
in
section
328.56
.
8
Sec.
6.
EFFECTIVE
DATE.
This
Act
takes
effect
June
30,
9
2019.
10
Sec.
7.
APPLICABILITY.
This
Act
applies
to
special
11
certificates
issued
by
the
department
of
transportation
12
that
are
valid
for
a
period
beginning
after
midnight
on
June
13
30,
2019.
Special
certificates
issued
by
the
department
of
14
transportation
that
are
valid
for
a
period
beginning
after
15
midnight
on
June
30,
2019,
but
beginning
before
midnight
on
16
October
31,
2019,
shall
expire
at
midnight
on
October
31,
17
2020,
and
the
validity
period
for
such
special
certificates
18
shall
count
as
only
one
year
for
purposes
of
section
328.28,
19
subsection
1,
as
amended
in
this
Act,
and
section
328.34,
20
subsection
7,
as
enacted
in
this
Act.
21
EXPLANATION
22
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
23
the
explanation’s
substance
by
the
members
of
the
general
assembly.
24
Under
current
law,
an
aircraft
manufacturer
or
dealer
may
25
operate
an
aircraft
for
purposes
of
transporting,
testing,
26
demonstrating,
or
selling
the
aircraft
without
registering
the
27
aircraft
by
obtaining
a
special
certificate
from
the
department
28
of
transportation
(DOT).
This
bill
limits
the
period
a
29
manufacturer
or
dealer
may
operate
the
aircraft
under
a
special
30
certificate
to
three
years.
The
bill
increases
the
annual
31
fee
for
a
special
certificate
from
$100
to
$400,
and
provides
32
that
a
special
certificate
expires
at
midnight
on
October
31
33
rather
than
midnight
on
June
30.
The
bill
provides
that
the
34
DOT
may
refuse
to
issue,
or
may
revoke
or
suspend,
a
special
35
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certificate
if
the
person
making
application
for,
or
holding,
1
the
special
certificate
operated
such
an
aircraft
after
three
2
years
of
holding
a
special
certificate
for
the
aircraft
in
3
violation
of
the
bill.
4
Under
current
law,
aircraft
registration
fees
collected
5
under
Code
section
328.21
are
required
to
be
deposited
in
the
6
state
aviation
fund.
The
bill
specifies
that
fees
received
by
7
the
DOT
for
the
issuance
of
special
certificates
must
also
be
8
deposited
in
the
state
aviation
fund,
in
accordance
with
the
9
current
practice.
10
The
bill
takes
effect
June
30,
2019,
and
applies
to
special
11
certificates
issued
by
the
DOT
that
are
valid
for
a
period
12
beginning
after
midnight
on
June
30,
2019.
The
bill
provides
13
that
special
certificates
issued
by
the
DOT
that
are
valid
14
for
a
period
beginning
after
midnight
on
June
30,
2019,
but
15
beginning
before
midnight
on
October
31,
2019,
shall
expire
at
16
midnight
on
October
31,
2020,
and
the
validity
period
for
such
17
special
certificates
shall
count
as
only
one
year
for
purposes
18
of
the
bill.
19
Under
current
law,
Code
section
328.40
provides
that
any
20
person
who
violates
any
of
the
provisions
of
Code
chapter
21
328
shall
be
guilty
of
a
fraudulent
practice.
A
fraudulent
22
practice
is
punishable
by
criminal
penalties
under
Code
23
sections
714.9
through
714.13.
24
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