MPA LEGISLATION REPORT
January 2002

GREETINGS! First, Here is an update from Washington, D.C. President Bush this week used a "recess appointment" to install John W. Magaw as the under Secretary for the newly formed Transportation Security Administration (TSA) within the Department of Transportation (DOT). Magaw is a former director of the Secret Service and the Bureau of Alcohol, Tobacco, and Firearms, and has been acting executive director of the Office of National Preparedness within the Federal Emergency Management Agency. The TSA is taking over Aviation Security from the FAA and is responsible for implementing the recently enacted aviation security law (PL 107-71).
That law also required a DOT report to Congress on GA security. The Secretary of Transportation issued the report last month. To help educate Magaw on General Aviation and Security Issues, AOPA, in conjunction with other GA Groups, has sent him an industry security proposal. "We look forward to working with John Magaw in his new capacity," said AOPA President Phil Boyer. "While we anticipate most of the TSA's attention will rightfully be oriented at commercial airline security, AOPA is taking steps to assist TSA in understanding how the issue applies to General Aviation.

Secondly, Here's an update from Jefferson City. The 91ST General Assembly convened on January 9, 2002 and your state government is once again in full swing. We now have a new House Bill 1207 Sponsor: Denny Merideth III and CoSponsor: Danielle Moore. Establishes the Missouri Airport Protection Act. Here is a Summary of the Introduced Bill. This bill requires the Highways and Transportation Commission to establish an airspace review and permit process to regulate structures that may be erected within navigable airspace and to ensure that they do not interfere with air navigation.

The Commission must investigate all permit applications, taking into consideration the Safety and Welfare of Persons and Property in the Air and on the Ground. The Commission may approve application for temporary structures if it is evident that the proposed temporary structure will not adversely affect Safety or Air Navigation. Permits may be withheld upon Federal Aviation Administration investigation of any type.

The bill also contains language concerning location requirements, when a permit is required, time required for making application for a permit, permit exceptions, identification requirements to be noted on permits, notification of denial of a permit, the appeal process upon permit denial, and rule making authority.

The Commission is prohibited from expending funds which are dedicated to Highway use to enforce this law. For full Introduced Bill Text see: http://www.house.state.mo.us/bills02/biltxt02/intro02/HB1207I.htm

Thirdly, We now have a companion Senate Bill 725 Sponsor: Doyle Childers. This act creates the "Missouri Airport Protection Act". Here is a Summary of the Introduced Bill. This act requires the Highway and Transportation Commission to establish an airspace review and permit process to regulate structures that may be erected within navigable airspace and to ensure that they do not interfere with air navigation.

Local aviation zoning regulations which are more restrictive than the provisions of this act will take precedence. The Commission must investigate all permit applications, taking into consideration the safety and welfare of persons and property in the air, and on the ground. The commission may approve an application for a temporary structure if it is evident that the proposed temporary structure will not adversely affect safety or air navigation. Permits may be withheld upon Federal Aviation Administration investigation of any type.

The act also regulates location requirements of structures, when a permit is required, time required for making application for a permit, permit exceptions, identification requirements to be noted on permits, notification of denial of a permit, the appeal process upon permit denial, and rule-making authority. The Commission is prohibited from using funds dedicated to highways for enforcement of this act. This act is similar to SB 324 and HB 436 (2001). For full Introduced Bill Text see: http://www.senate.state.mo.us/02info/billtext/intro/SB725.htm

Fourthly, Here's MPA's Position: Current state laws do not provide adequate protection for publicly owned airports from tall structures. The expansion potential and utility of Missouri Airports will continue to deteriorate unless a process is implemented to evaluate the negative impacts of new tall structures beyond just the current advisory FAA determination of hazard process. It's important to note that each year new airport construction is becoming increasingly difficult due to increased state and federal regulation, as well as opposition from adjacent landowners. If this trend continues as expected, it will become impractical to build any new airports. This is why it is very important to protect the usability and expandability of Missouri's existing Public Use Airports.

Now, In Conclusion, Let's get busy contacting your State Representative, and Senator, tell him or her to support both HB1207 and SB725, and that you would like them to vote in favor of these vitally important Aviation Bills. Because we have to protect and preserve our Missouri Airports.

Let's all continue working together; we will make a Difference for General Aviation in Missouri.


Who represents me in Jefferson City?


Until Next Time!

SAFE FLYING!

Larry G. Harmon
Legislation Chairman
E-mail address: MPALHARMON@aol.com

Back to Larry's Main Page

Back to the current President's Main Page