ASSEMBLY ACTION Initial and Date |SENATE ACTION Initial and Date
Adopted Lost | Adopted Lost
Concurred In Not |Concurred In Not
Receded Not | Receded Not
Amend sec. 2, page 1, by deleting line 11 and inserting:
“2. By or in cooperation with a law enforcement agency, fire-fighting agency or other governmental agency for purposes related to the protection of public health and safety;”.
Amend the bill as a whole by deleting sec. 3 and adding a new section designated sec. 3, following sec. 2, to read as follows:
“Sec. 3. 1. The board of county commissioners of each county whose population is 400,000 or more shall:
(a) Designate a preferred airport or other preferred facility for the takeoff and landing of commercial helicopters; and
(b) In consultation with persons having expertise and experience with respect to noise that is emitted and generated by helicopters, establish guidelines for noise for commercial helicopters.
2. The preferred airport or other preferred facility designated pursuant to paragraph (a) of subsection 1:
(a) Must not be the largest airport that is located within the county;
(b) Must not be located within an urban area; and
(c) Must be selected, insofar as is practicable, on the basis that its location will reduce:
(1) The overall impact on the county and on the residents of the county of noise that is emitted and generated by commercial helicopters; and
(2) The risk of danger to the residents of the county related to helicopter traffic.
3. As used in this section, “urban area” means the area encompassed within 5 miles from the boundaries of a city or town whose population is 10,000 or more.”.
Amend sec. 4, page 2, by deleting lines 13 through 15 and inserting:
“program pursuant to which, if a commercial helicopter:
(a) Uses the preferred airport or other preferred facility designated pursuant to paragraph (a) of subsection 1 of section 3 of this act; or
(b) Meets the guidelines for noise established pursuant to paragraph (b) of subsection 1 of section 3 of this act,
FLUSH
the owner of the
commercial”.
Amend sec. 4, page 2, line 24, by deleting “Must” and inserting:
“Must, with respect to the portion of the program which relates to the use by commercial helicopters of the preferred airport or other preferred facility,”.
Amend sec. 4, page 2, line 28, by deleting:
“that subsection; and” and inserting “subsection 1;”.
Amend sec. 4, page 2, line 30, by deleting “that subsection” and inserting:
“subsection 1 for using the preferred airport or other preferred facility”.
Amend sec. 4, page 2, line 35, by deleting “(c).” and inserting:
“(c); and”.
“(e) Must require an owner of a commercial helicopter who desires to receive the tax exemption described in subsection 1 for meeting the guidelines for noise established pursuant to paragraph (b) of subsection 1 of section 3 of this act to, on an annual basis:
(1) Reapply for the exemption; and
(2) Provide proof that the commercial helicopter is meeting those guidelines for noise.”.
Amend the bill as a whole by renumbering sections 6 and 7 as sections 7 and 8 and adding a new section designated sec. 6, following sec. 5, to read as follows:
“Sec. 6. 1. Except as otherwise provided in subsection 2, the board of county commissioners of a county whose population is 400,000 or more, and any other governmental entity within such a county, shall not, during the period commencing on July 1, 2003, and ending on June 30, 2005:
(a) Authorize the construction or operation of a heliport that was not in existence on July 1, 2003; or
(b) Approve or issue any land use permit, the effect of which approval or issuance would be to authorize the construction or operation of a heliport that was not in existence on July 1, 2003.
2. The provisions of subsection 1 do not apply to the extent that those provisions:
(a) Are preempted or prohibited by federal law; or
(b) Violate a condition to the receipt of federal money by this state or a political subdivision of this state.
3. As used in this section:
(a) “Helicopter” includes:
(1) A rotary-wing aircraft; and
(2) A steep-gradient aircraft that is capable of hovering.
(b) “Helipad” means a temporary structure that is not designed for permanent use and is built on the ground to enable a helicopter to land safely.
(c) “Heliport” means any area used or intended to be used for the takeoff or landing of helicopters. The term includes, without limitation:
(1) Any and all areas and buildings that are associated with and necessary to the operation of the heliport; and
(2) A helipad.
(d) “Land use permit” means a building permit, a change in land use, a change in zoning, a conditional use permit, a special use permit, a waiver or a variance.”.
Amend sec. 6, page 3, by deleting lines 1 through 3 and inserting:
“Sec. 7. A board of county commissioners shall, on or before January 1, 2004:
1. Make the designation required pursuant to paragraph (a) of subsection 1 of section 3 of this act; and
2. Establish the guidelines for noise described in paragraph (b) of subsection 1 of section 3 of this act.”.
Amend sec. 7, page 3, by deleting line 4 and inserting:
“Sec. 8. 1. This act becomes effective on July 1, 2003.
2. Section 6 of this act expires by limitation on June 30, 2005.
3. Sections 1 to 5, inclusive, and 7 of this act expire by limitation on June 30, 2007.”.
Amend the title of the bill to read as follows:
“AN ACT relating to aeronautics; requiring the board of county commissioners of certain larger counties to designate a preferred airport or other preferred facility for the takeoff and landing of certain commercial helicopters and to establish certain guidelines for noise for those helicopters; establishing a program for the temporary exemption from personal property taxation of certain commercial helicopters that use the designated preferred airport or other preferred facility or meet the established guidelines for noise; establishing a temporary moratorium on the construction or operation of new heliports; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Provides in certain larger counties for temporary exemption from personal property taxation for certain commercial helicopters and establishes temporary moratorium on construction or operation of new heliports. (BDR 44‑877)”.