§ 21-101. Definitions.

As used in this chapter, unless the context otherwise requires:

1. “Aeronautics” means the science and art of flight and including, but not limited to, transportation by aircraft; the operation, construction, repair or maintenance of aircraft, aircraft power plants and accessories, including the repair, packing, and maintenance of parachutes; the design, establishment, construction, extension, operation, improvement, repair or maintenance of airports or other air navigation facilities; and instruction in flying or ground subjects pertaining thereto.
2. “Aircraft” means any contrivance now known, or hereafter invented, used or designed for navigation of or flight in the air for the carriage of pilots or passengers. For the purposes of this chapter, the term “aircraft” does not include parachutes or paragliders constructed primarily of fabric.
3. “Airport” means any area of land or water which is used, or intended for use, for the landing and take-off of aircraft, and any appurtenant areas which are used, or intended for use, for airport buildings or other airport facilities or rights-of-way, together with all airport buildings and facilities located thereon. The term “airport” shall include such other common terms as aviation field, airfield, intermediate landing field, landing field, landing area, airstrip and landing strip. For the purposes of this chapter, the term “airport” refers to a publicly owned and managed facility that is open for public use without operational restrictions on its use.
4. “Department” means the Idaho transportation department.
5. “Director” means the director of the Idaho transportation department.
6. “State” or “this state” means the state of Idaho.
7. “Air navigation facility” means any facility, other than one owned or operated by the United States, used in, available for use in, or designed for use in, aid of air navigation, including any structures, mechanisms, lights, beacons, markers, communicating systems, or other instrumentalities, or devices used or useful as an aid, or constituting an advantage or convenience, to the safe takeoff, navigation, and landing of aircraft, or the safe and efficient operation or maintenance of an airport, and any combination of any or all of such facilities.
8. “Operation of aircraft” or “operate aircraft” means the navigation or piloting of aircraft in the airspace over this state or upon any airport within this state.
9. “Airman” means any individual who engages, as the person in command or as pilot, mechanic, or member of the crew, in the navigation of aircraft while under way, and any individual who is directly in charge of the inspection, maintenance, overhauling, or repair of aircraft engines, propellers, or appliances, and any individual who serves in the capacity of aircraft dispatcher, or air traffic control tower operator; but does not include any individual employed outside the United States, or any individual employed by a manufacturer of aircraft, aircraft engines, propellers, or appliances, to perform duties as inspector or mechanic in connection therewith, or any individual performing inspection or mechanical duties in connection with aircraft owned or operated by him.
10. “Aeronautics instructor” means any individual who for hire or reward engages in giving instruction or offering to give instruction in flying or ground subjects pertaining to aeronautics; but excludes any instructor in a public school, university, or institution of higher learning duly accredited and approved for carrying on collegiate work, who instructs in flying or ground subjects pertaining to aeronautics, only in the performance of his duties at such school, university or institution. (k) “Air school” means:
    1. Any aeronautics instructor who advertises, represents or holds out as giving or offering to give instruction in flying or ground subjects pertaining to aeronautics; and
    2. Any person who advertises, represents or holds out as giving or offering to give instruction in flying or ground subjects pertaining to aeronautics whether for or without hire or reward;

but excludes any public school, or university, or institution of higher learning duly accredited and approved for carrying on collegiate work.

( l ) “Person” means any individual, firm, partnership, corporation, company, association, joint stock association, or body politic, and includes any trustee, receiver, assignee, or other similar representative thereof.

(m) “Municipality” means any county, city, district or other political subdivision or public corporation of this state. “Municipal” means pertaining to a municipality as herein defined.

(n) “Aviation hazard” means any new or existing structure, object of natural growth, use of land, or modification thereto, that endangers the lives and property of users of an airport, or of occupants of land in its vicinity, and that reduces the size of the area available for landing, taking off and maneuvering of aircraft, or extends up into the airspace between airports to cause disastrous and needless loss of life and property.

(o) “State airway” means a route in the navigable airspace over and above the lands or waters of this state designated by the board as a route suitable for air navigation.

(p) “Board” means the Idaho transportation board.

(q) “Public transportation” means rail, mass transit and any other public transportation activities in which the state may become involved.

History.

1947, ch. 153, § 1, p. 378; am. 1974, ch. 12, § 95, p. 61; am. 2005, ch. 174, § 1, p. 537; am. 2013, ch. 107, § 1, p. 253.

§ 21-102. Declaration of purpose.

It is hereby declared that the purpose of this act is to further the public interest and aeronautical progress:

1. By providing for the protection and promotion of safety in aeronautics;
2. By cooperating in effecting uniformity of the laws and regulations relating to the development and regulation of aeronautics in the several states consistent with federal aeronautics laws and regulations;
3. By granting to a state agency such powers and imposing upon it such duties that the state may properly perform its functions relative to aeronautics and effectively exercise its jurisdiction over persons and property within such jurisdiction, assist in the development of a statewide system of airports, cooperate with and assist the municipalities of this state and others engaged in aeronautics, and encourage and develop aeronautics;
4. By establishing only such regulations as are essential in order that persons engaged in aeronautics of every character may so engage with the least possible restriction, consistent with the safety and the rights of others; and
5. By providing for cooperation with the federal authorities in the development of a national system of civil aviation and for coordination of the aeronautical activities of those authorities and the authorities of this state.

History.

1947, ch. 153, § 2, p. 378.

§ 21-103. Aeronautics department. [Repealed.]

§ 21-104. Development of aeronautics.

1. General supervision. The department shall have general supervision over aeronautics within this state. It is empowered and directed to encourage, foster, and assist in the development of aeronautics in this state and to encourage the establishment of airports and air navigation facilities. It shall cooperate with and assist the federal government, the municipalities of this state, and other persons in the development of aeronautics and shall seek to coordinate the aeronautical activities of these bodies and persons. Municipalities are authorized to cooperate with the department in the development of aeronautics and aeronautics facilities in this state.
2. Aerial search. Aerial search operations for lost aircraft and airmen shall be coordinated by the department, division of aeronautics, under the direction and supervision of the chief of the Idaho office of emergency management within the military division.

History.

1947, ch. 153, § 4, p. 378; am. 1974, ch. 12, § 96, p. 61; am. 1992, ch. 149, § 1, p. 447; am. 2013, ch. 107, § 2, p. 253; am. 2016, ch. 118, § 1, p. 331.

§ 21-105. Municipal airports.

1. Technical Services of the Department. The department may, insofar as is reasonably possible, make available its engineering and other technical services, with or without charge, to any municipality or person desiring them in connection with the planning, acquisition, construction, improvement, maintenance or operation of airports or air navigation facilities.
2. State Financial Assistance. The department may render financial assistance by grant or loan or both to any municipality or municipalities acting jointly, in the planning, acquisition, construction, improvement, maintenance, or operation of an airport owned or controlled, or to be owned or controlled by such municipality or municipalities, out of appropriations made by the legislature for such purposes. Such financial assistance may be furnished in connection with federal or other financial aid for the same purposes.
3. Federal Aid. The department is authorized to act as agent of any municipality or municipalities acting jointly, upon the request of such municipality or municipalities, in accepting, receiving, receipting for and disbursing federal moneys, and other moneys public or private, made available to finance, in whole or part, the planning, acquisition, construction, improvement, maintenance, or operation of a municipal airport or air navigation facility; and if requested by such municipality or municipalities may act as its or their agent in contracting for and supervising such planning, acquisition, construction, improvement, maintenance or operation; and all municipalities are authorized to designate the department their agent for the foregoing purposes. The department, as principal on behalf of the state, and any municipality, on its own behalf, may enter into any contracts, with each other or with the United States or with any person, which may be required in connection with a grant or loan of federal moneys for municipal airport or air navigation facility purposes. All federal moneys accepted under this section shall be accepted and transferred or expended by the department upon such terms and conditions as are prescribed by the United States. All moneys received by the department pursuant to this section shall be deposited in the state treasury, and, unless otherwise prescribed by the authority from which such moneys were received, shall be kept in separate funds designated according to the purposes for which the moneys were made available, and held by the state in trust for such purposes. All such moneys are hereby appropriated for the purposes for which the same were made available, to be disbursed or expended in accordance with the terms and conditions upon which they were made available.

History.

1947, ch. 153, § 5, p. 378; am. 1975, ch. 113, § 1, p. 232; am. 2013, ch. 12, § 1, p. 22.

§ 21-107. State airways, charts and bulletins.

The department may designate, design, and establish, expand, or modify a state airways system which will best serve the interest of the state. It may chart such airways system and arrange for publication and distribution of such maps, charts, notices and bulletins relating to such airways as may be required in the public interest. The system shall be supplementary to and coordinated in design and operation with the federal airways system. It may include all types of air navigation facilities, whether publicly or privately owned, provided that such facilities conform to federal safety standards.

History.

1947, ch. 153, § 7, p. 378.

§ 21-108. Contracts — Law governing.

The department may enter into any contracts necessary to the execution of the powers granted it by this act. All contracts made by the department, either as the agent of the state or of any municipality, shall be made pursuant to the laws of the state governing the making of like contracts; provided, however, that where the planning, acquisition, construction, improvement, maintenance, or operation of any airport, or air navigation facility is financed wholly or partially with federal moneys, the department as agent of the state or of any municipality, may let contracts in the manner prescribed by the federal authorities acting under the laws of the United States and any rules or regulations made thereunder.

History.

1947, ch. 153, § 8, p. 378.

§ 21-109. Exclusive rights.

The department shall grant no exclusive right for the use of any airway, airport, or air navigation facility under its jurisdiction, but this section shall not be construed to prevent the making of contracts, leases and other arrangements pursuant to section 21-106[, Idaho Code].

History.

1947, ch. 153, § 9, p. 378.

§ 21-110. Public purpose of activities.

The acquisition of any lands or interest therein pursuant to this act, the planning, acquisition, establishment, construction, improvement, maintenance, equipment, and operation of airports and air navigation facilities, whether by the state separately or jointly with any municipality or municipalities and the exercise of any other powers herein granted to the department are hereby declared to be public and governmental functions, exercised for a public purpose, and matters of public necessity. All lands and other property and privileges acquired and used by or on behalf of the state in the manner and for the purposes enumerated in this act shall and are hereby declared to be acquired and used for public and governmental purposes and as a matter of public necessity.

History.

1947, ch. 153, § 10, p. 378.

§ 21-111. Rules, regulations, standards.

1. Power to Issue. The department may perform such acts, issue and amend such orders, and make, promulgate, and amend such reasonable general or special rules, regulations and procedures, and establish such minimum standards, consistent with the provisions of this act, as it shall deem necessary to carry out the provisions of this act and to perform its duties hereunder; all commensurate with and for the purpose of protecting and insuring the general public interest and safety, the safety of persons operating, using or traveling in aircraft or persons receiving instructions in flying or ground subjects pertaining to aeronautics, and the safety of persons and property on land or water, and developing and promoting aeronautics in this state. No rule or regulation of the department shall apply to airports or air navigation facilities owned or operated by the United States.
2. Conformity to Federal Enactments, Rules and Regulations. All rules and regulations prescribed by the department under the authority of this act shall be kept in conformity, with the then current federal enactment governing aeronautics and the rules, regulations, and standards duly issued thereunder.
3. Distribution. The department shall provide for the publication and general distribution of all its orders, rules, regulations and procedures having general effect.

History.

1947, ch. 153, § 11, p. 378.

§ 21-112. Reckless operation of aircraft.

It shall be unlawful for any person to operate an aircraft in the air, or on the ground or water, in a careless or reckless manner so as to endanger the life or property of another.

In any proceeding charging careless or reckless operation of aircraft in violation of this section, the court or jury, in determining whether the operation was careless or reckless, may consider the standards for safe operation of aircraft prescribed by federal statutes, federal regulations governing aeronautics and the rules, regulations and standards promulgated by the department.

History.

1947, ch. 153, § 12, p. 378; am. 1989, ch. 229, § 1, p. 544.

§ 21-112A. Operating aircraft while under the influence of alcohol, drugs or any other intoxicating substances.

1. It is unlawful for any person to pilot or be in actual physical control of an aircraft within this state, whether upon an airport or body of water, or in the airspace over this state:
   1. Within eight (8) hours after the consumption of any alcoholic beverage;
   2. While under the influence of alcohol;
   3. While using any drug that affects the person’s faculties in any way contrary to safety; or
   4. While having an alcohol concentration of 0.04 as defined in subsection (5) of this section, or more, as shown by analysis of his blood, urine, or breath.
2. Any person having an alcohol concentration of less than 0.04 as defined in subsection (5) of this section, as shown by analysis of his blood, urine, breath, or other bodily substance, by a test requested by an authorized law enforcement officer shall not be prosecuted for operating an aircraft while under the influence of alcohol, except as provided in subsection (3) of this section. Any person who does not take a test to determine alcohol concentration or whose test result is determined by the court to be unreliable or inadmissible against him, may be prosecuted for piloting or being in actual physical control of an aircraft while under the influence of alcohol, drugs, or any other intoxicating substances, on other competent evidence.
3. If the results of the test requested by an authorized law enforcement officer show a person’s alcohol concentration of less than 0.04, as defined in subsection (5) of this section, such fact may be considered with other competent evidence of drug use other than alcohol in determining the guilt or innocence of the defendant.
4. Persons authorized to withdraw blood for the purposes of determining content of alcohol or other intoxicating substances are those persons authorized in section 18-8003, Idaho Code.
5. For purposes of this chapter, an evidentiary test for alcohol concentration is a determination of the percent by weight of alcohol in blood and shall be based upon a formula of grams of alcohol per one hundred (100) cubic centimeters of blood, per two hundred ten (210) liters of breath or sixty-seven (67) milliliters of urine. Analysis of blood, urine or breath for the purpose of determining the blood alcohol concentration shall be performed by a laboratory operated by the Idaho state police or by a laboratory approved by the Idaho state police under the provisions of approval and certification standards to be set by that department, or by any other method approved by the Idaho state police. Notwithstanding any other provision of law or rule of court, the results of any test for alcohol concentration and records relating to calibration, approval, certification or quality control performed by a laboratory operated or approved by the Idaho state police or by any other method approved by the Idaho state police shall be admissible in any proceeding in this state without the necessity of producing a witness to establish the reliability of the testing procedure for examination.
6. It is unlawful for any person who is an habitual user of, or under the influence of any narcotic drug, or who is under the influence of any other drug or any combination of alcohol and any drug to a degree which renders him incapable of safely piloting an aircraft, to pilot or be in actual physical control of an aircraft on an airport, body of water, or in the airspace above the state of Idaho. The fact that any person charged with a violation of the provisions of this subsection is or has been entitled to use such drug under the laws of this state shall not constitute a defense against any charge of a violation of the provision of this subsection. (7) Notwithstanding any other provision of law, any evidence of conviction under this section shall be admissible in any civil action for damages resulting from the occurrence. A conviction for the purposes of this section means that the person has pled guilty or has been found guilty, not withstanding the form of the judgment or withheld judgment.

History.

I.C.,§ 21-112A, as added by 1989, ch. 229, § 2, p. 544; am. 2000, ch. 469, § 55, p. 1450.

§ 21-112B. Test of pilot for alcohol concentration.

1. Any person who pilots or is in actual physical control of an aircraft in this state shall be deemed to have given his consent to an evidentiary test for concentration of alcohol, drugs or other intoxicating substances as defined in section 21-112A, Idaho Code, provided that such test is administered at the request of a police officer having reasonable grounds to believe that person has been piloting or has been in actual physical control of an aircraft while under the influence of alcohol, drugs or of any other intoxicating substances.
2. Such person shall not have the right to consult with an attorney before submitting to an evidentiary test for concentration of alcohol, drugs or other intoxicating substances.
3. At the time an evidentiary test for concentration of alcohol, drugs or other intoxicating substances is requested, the person shall be informed that if he refuses to take the test:
   1. That an affidavit of such fact will be filed with the administrator of the federal aviation agency;
   2. That such refusal could result in the suspension or revocation of the person’s certificate or rating, or denial of application for a certificate or rating, under federal aviation regulations; and
   3. That after submitting to the test he may, when practicable, at his own expense, have additional tests made by a person of his own choosing.

History.

I.C.,§ 21-112B, as added by 1989, ch. 229, § 3, p. 544.

§ 21-113. Federal airman and aircraft certificates.

1. Operation Without Unlawful. It shall be unlawful for any person to operate, cause, or authorize to be operated any civil aircraft within this state unless such aircraft has an appropriate effective certificate, permit or license issued by the United States, if such certificate, permit or license is required by the United States.
2. Exhibition of Certificates. Where a certificate, permit, rating or license is required for an airman by the United States, it shall be kept in his personal possession when he is operating within the state and shall be presented for inspection upon the demand of any peace officer, or any other law enforcement officer of the state or of a municipality or official or employee of the department authorized pursuant to section 21-119[, Idaho Code,] to enforce the aeronautics laws, or any official, manager or person in charge of any airport upon which the airman shall land, or upon the reasonable request of any other person. Where a certificate, permit or license is required by the United States for an aircraft, it shall be carried in the aircraft at all times while the aircraft is operating in the state, shall be conspicuously posted in the aircraft where it may be readily seen by passengers or inspectors, and shall be presented for inspection upon the demand of any peace officer, or any other law enforcement officer of the state or of a municipality official or employee of the department authorized pursuant to section 21-119[, Idaho Code,] to enforce the aeronautics laws, or any official, manager or person in charge of any airport upon which the aircraft shall land, or upon the reasonable request of any person.

It shall be unlawful for any person to engage in aeronautics as an airman in the state unless he has an appropriate effective airman certificate, permit, rating or license issued by the United States authorizing him to engage in the particular class of aeronautics in which he is engaged, if such certificate, permit, rating or license is required by the United States.

History.

1947, ch. 153, § 13, p. 378.

§ 21-114. Registration of aircraft — Requisites.

1. Fees.
   1. Subject to the limitations of subsections (b) and (c) of this section, every aircraft operating within this state shall be registered with the department prior to or during each annual registration year in which the aircraft is operated within this state. The annual registration year shall commence on the date provided by regulation, and the holding of a currently valid airworthiness certificate and a currently valid annual inspection or progressive inspection system issued by the appropriate federal agency during any part of the registration year shall be considered prima facie evidence that the aircraft is operating within this state. The department shall charge for each such registration, and for each annual renewal thereof, fees at the rate of three cents (3¢) per pound of the manufacturer’s certified maximum gross weight authorized in the aircraft specification or type certificate data sheet of said aircraft issued by the federal aviation administration, and in no case to be less than twenty dollars ($20.00) and not to exceed six hundred dollars ($600) upon any one (1) aircraft, provided that such fee shall be in lieu of all personal property taxes on such aircraft.
   2. Manufacturers and dealers license. It shall be unlawful for any person to carry on or conduct the business of buying, selling, or dealing in aircraft unless registered with the department, as such manufacturer or dealer. Any manufacturer or dealer in aircraft owning, having an interest in, or having in his possession an aircraft for the purpose of sale, shall upon the registration and payment of fees as in this chapter required, acquire one (1) registration certificate that shall bear the distinctive registration number issued to such manufacturer or dealer, and any number of identifying decals. The registration certificate shall be kept at the main office of the manufacturer or dealer and an identifying decal shall be placed upon the left side of every aircraft that the manufacturer or dealer may have an interest in which is held for sale, either upon the vertical stabilizer or upon a window nearest to the rear of the aircraft.
2. Requirements for registration, issuance of certificate. Possession of the appropriate effective federal certificate relating to ownership of the aircraft and payment of the fee duly required pursuant to the provisions of this section shall be the only requisites for registration of an aircraft under this section. Registration shall be effected by filing with the department a statement containing the information reasonably required by the department for such purpose. It shall not be necessary for the registrant to provide the department with originals or copies of federal certificates. The department shall issue certificates of registration, or such other evidences of registration and payment of fees as it may deem proper. Failure to register, if required, shall be unlawful.
3. Exemptions. The provisions of this section shall not apply to:
   1. An aircraft owned by, and used exclusively in the service of, any government or any political subdivision thereof, including the government of the United States, any state, territory, or possession of the United States, or the District of Columbia, which is not engaged in carrying persons or property for commercial purposes;
   2. An aircraft which is owned by a bona fide nonresident of this state; provided however, that this exemption shall not apply to such aircraft operated casually or continuously in this state for a cumulative period of greater than ninety (90) days in any annual registration year;
   3. An aircraft engaged principally in commercial airline or air freight flying pursuant to the provisions of part 121, title 14, of the code of federal regulations (14 CFR 121) or an equivalent foreign air carrier operating under a bilateral agreement with the United States government.
4. Transfer of aircraft. When the ownership of an aircraft registered under the provisions of this section is transferred to a resident of this state, the new owner will be required to register the aircraft under the provisions of this section. If the transferor wishes to register another aircraft he shall pay the registration fee required by this section less the amount of registration fee already paid on the aircraft that was sold, or if the transferor shall have an aircraft to be registered with a useful load less than the aircraft that was sold, he shall pay a transfer fee of one dollar ($1.00).

Those aircraft in nonairworthy condition that are not operated during any part of the registration year are not required to register but may, at the owner’s discretion, be registered in lieu of personal property tax.

Registration certificates shall be kept in the aircraft at all times. In addition to the registration certificate, an identifying decal shall be issued and placed on the left side of the aircraft either upon the vertical stabilizer thereof or upon a window nearest to the rear of the aircraft, fully visible from the outside of the aircraft.

Aircraft shall only be registered prior to or during the current annual registration year. There shall be no registration of aircraft for any registration period which is prior to the current registration year. Registration certificates for aircraft newly purchased or acquired, or aircraft imported into the state after expiration of the first six (6) months of the current annual registration year, as prescribed by the department, shall be issued at the rate of fifty percent (50%) of the annual fee. Those aircraft found in violation of the provisions of this section after the first six (6) months will pay the full year’s fee and shall, at the discretion of the director, be referred to the respective county assessor for collection of personal property tax.

An identifying decal issued to a manufacturer or dealer during the calendar year for which issued can be transferred from an aircraft no longer in the possession of the dealer or manufacturer for sale or demonstration to one acquired for the purpose of sale or demonstration during the calendar year. Manufacturer or dealer decals may only be used on aircraft flown for purposes of sales demonstration, ferry or test.

The fee to be paid by a manufacturer or dealer in aircraft shall be forty dollars ($40.00) for the registration certificate and one dollar ($1.00) for each identifying decal issued to such manufacturer or dealer.

History.

1947, ch. 153, § 14, p. 378; am. 1949, ch. 191, § 1, p. 406; am. 1957, ch. 182, § 1, p. 354; am. 1961, ch. 32, § 1, p. 45; am. 1972, ch. 73, § 1, p. 150; am. 1974, ch. 37, § 1, p. 1017; am. 1980, ch. 65, § 1, p. 133; am. 1984, ch. 227, § 1, p. 544; am. 1990, ch. 321, § 1, p. 877; am. 2001, ch. 182, § 1, p. 610; am. 2005, ch. 27, § 1, p. 133; am. 2013, ch. 107, § 3, p. 253; am. 2013, ch. 108, § 1, p. 256.

§ 21-115. State designation of airports. [Repealed.]

Repealed by S.L. 2013, ch. 11, § 1, effective July 1, 2013.

History.

1947, ch. 153, § 15, p. 378; am. 2011, ch. 151, § 10, p. 414.

§ 21-116. Investigations and hearings.

1. General Power, Accidents, Witnesses, Subpoenas, Court Order. The department shall have the power to hold investigations, inquiries and hearings concerning matters covered by the provisions of this act and the rules, regulations and orders of the department, and concerning accidents in aeronautics within this state, providing that the appropriate federal agency fails to act at [within] a reasonable time. Hearings shall be open to the public and, except as provided in section 21-120, [Idaho Code,] shall be held upon such call or notice as the department shall deem advisable. The director or any employee of the department designated by the director to hold any inquiry, investigation or hearing shall have the power to administer oaths and affirmations, certify to all official acts, issue subpoenas, and order the attendance and testimony of witnesses and the production of papers, books, and documents. In case of the failure of any person to comply with any subpoena or order issued under the authority of this section, the department or its authorized representative may invoke the aid of any court of this state of general jurisdiction. The court may thereupon order such person to comply with the requirements of the subpoena or order or to give evidence touching the matter in question. Failure to obey the order of the court may be punished by the court as a contempt thereof.
2. Use and Limitations on Reports of Investigation. In order to facilitate the making of investigations by the department in the interest of public safety and promotion of aeronautics, the public interest requires, and it is therefore provided, that the reports of investigations or hearings or any part thereof shall not be admitted in evidence or used for any purpose in any suit, action or proceeding growing out of any matter referred to in said investigation, hearing or report thereof, except in case of any suit, action or proceeding, civil or criminal, instituted by or in behalf of the department or in the name of the state under the provisions of this act or other laws of the state relating to aeronautics.

History.

1947, ch. 153, § 16, p. 378.

§ 21-117. Federal-state joint hearings — Reciprocal services — Accident reporting.

1. Joint Hearings. The department is authorized to confer with or to hold joint hearings with any agency of the United States in connection with any matter arising under this act, or relating to the sound development of aeronautics.
2. Reciprocal Services. The department is authorized to avail itself of the cooperation, services, records and facilities of the agencies of the United States as fully as may be practicable in the administration and enforcement of this act. The department shall furnish to the agencies of the United States its cooperation, services, records and facilities, insofar as may be practicable.
3. Accident Reporting. The department shall report to the appropriate agency of the United States all accidents in aeronautics in this state of which it is informed, and shall insofar as is practicable preserve, protect and prevent the removal of the component parts of any aircraft involved in an accident being investigated by it until the federal agency institutes an investigation.

History.

1947, ch. 153, § 17, p. 378.

§ 21-118. Use of state and municipal facilities and services.

In carrying out the provisions of this act the department may use the facilities and services of other agencies of the state and of the municipalities of the state to the utmost extent possible, and such agencies and municipalities are authorized and directed to make available their facilities and services.

History.

1947, ch. 153, § 18, p. 378.

§ 21-119. Enforcement of aeronautics laws.

1. Enforcement Officers. It shall be the duty of the director and employees of the department, and every state and municipal officer charged with the enforcement of state and municipal laws, to enforce and assist in the enforcement of this act and of all rules, regulations and orders issued pursuant thereto and of all other laws of this state relating to aeronautics; and in that connection each of the aforesaid persons is authorized to inspect and examine at reasonable hours any premises, and the buildings and other structures thereon, where airports, air navigation facilities, air schools, or other aeronautical activities are operated or conducted. In aid of the enforcement of this act, the rules, regulations and orders issued pursuant thereto and of all other laws of the state relating to aeronautics, general police powers are hereby conferred upon the director and such of the employees of the department as may be designated by it to exercise such powers.
2. Court Aid. The department is authorized, in the name of the state, to enforce the provisions of this act and the rules, regulations and orders issued pursuant thereto by injunction or other legal process in the courts of this state.

History.

1947, ch. 153, § 19, p. 378; am. 1974, ch. 12, § 97, p. 61; am. 1992, ch. 149, § 2, p. 447.

§ 21-120. Department orders — Notice and opportunity for hearings — Judicial review.

Every order of the department requiring performance of certain acts or compliance with certain requirements and any denial or revocation of an approval, certificate or license shall set forth the reasons and shall state the acts to be done or requirements to be met before approval by the department will be given or the approval, license or certificate granted or restored or the order modified or changed. Orders issued by the department pursuant to the provisions of this act shall be served upon the persons affected either by registered mail or in person. In every case where notice and opportunity for hearing are required under the provisions of this act, the order of the department shall, on not less than twenty (20) days’ notice, specify a time when and place where the person affected may be heard, or the time within which he may request [a] hearing, and such order shall become effective upon the expiration of the time for exercising such opportunity for hearing, unless a hearing is held or requested within the time provided, in which case the order shall be suspended until the department shall affirm, disaffirm, or modify such order after hearing held or default by the person affected. To the extent practicable, hearings on such orders shall be held in the county where the affected person resides or does business. Any person aggrieved by an order of the department or by the grant, denial or revocation of any approval, license or certificate may have the action of the department reviewed by the district court of the county in which the aggrieved person resides or has his principal place of business.

History.

1947, ch. 153, § 20, p. 378.

§ 21-121. Penalties — General and special.

1. General. Any person violating any of the provisions of this act, or any of the rules, regulations or orders issued pursuant thereto, shall be guilty of a misdemeanor.
2. Special. For any violation of section 21-112[, Idaho Code], in addition to, or in lieu of, the penalties provided by subsection (a) of this section, or as a condition to the suspension of a sentence which may be imposed pursuant thereto, the court in its discretion may revoke or suspend the violator’s registration certificates for such period as it may determine but not to exceed one (1) year. Violation of the duly imposed prohibition of the court may be treated as a separate offense under this section or as a contempt of court. Upon a plea of guilty or conviction under section 21-112[, Idaho Code,] in any case involving a registrant under section 21-114[, Idaho Code], the court shall cause a notation of such plea or conviction and of the sentence imposed to be marked upon the pilot certificate or other evidence of pilot registration or receipt provided by the department under said section 21-114[, Idaho Code]. In no event shall this subsection be construed as warrant for the court or any other agency or person to take away, impound, hold or mark any federal airman or aircraft certificate, permit, rating or license, or to take away, impound or hold any state registration certificate or other evidence of such registration or payment of fees.

History.

1947, ch. 153, § 21, p. 378.

§ 21-122. Exchange of violations information.

The department is authorized to report to the appropriate federal agencies and agencies of other states all proceedings instituted charging violation of sections 21-112 and 21-113[, Idaho Code,] and all penalties, of which it has knowledge, imposed upon airmen or the owners or operators of aircraft for violations of the rules, regulations or orders of the department. The department is authorized to receive reports of penalties and other data from agencies of the federal government and other states and, when necessary, to enter into agreements with federal agencies and the agencies of other states governing the delivery, receipt, exchange, and use of reports and data. The department may make the reports and data of the federal agencies, the agencies of other states, and the courts of this state available, with or without request therefor, to any and all courts of this state, and to any officer of the state or of a municipality authorized pursuant to section 21-119[, Idaho Code,] to enforce the aeronautics laws.

History.

1947, ch. 153, § 22, p. 378.

§ 21-123. Separability.

If any provision of this act or the application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the provisions of [or] application of this act which can be given effect without the invalid provisions or applications, and to this end the provisions of this act are declared to be severable.

History.

1947, ch. 153, § 23, p. 378.

§ 21-124. Short title.

This act may be cited as the “Uniform State Aeronautics Department Act.”

History.

1947, ch. 153, § 25, p. 378.

§ 21-125 — 21-130. [Reserved.]

This act shall be known and cited as the “Aeronautical Administration Act of 1970.”

History.

1970, ch. 257, § 1, p. 683.

§ 21-132. Declaration of purpose.

It is hereby found and declared that there exists in the state of Idaho a need to improve and expand air service capabilities to meet the increased demands of air transportation. In view of the rapid growth of this mode of passenger transportation, faster and heavier aircraft, the anticipated use of this system by industry for moving high value goods and merchandise in a minimum of time, to save handling and warehousing, planning to meet future needs is imperative. Such planning must accommodate intrastate and interstate service for passengers and freight into the national system, with implementation as rapidly as possible. The efforts of both the public and private sectors must be combined to match the aviation program planned by congress for the new millennium.

History.

1970, ch. 257, § 2, p. 683; am. 1974, ch. 12, § 98, p. 61; am. 2001, ch. 377, § 1, p. 1319.

§ 21-133. Department of Aeronautics. [Repealed.]

§ 21-134. Idaho aeronautics advisory board created — Duties — Compensation.

There is hereby created and established the Idaho aeronautics advisory board. The board shall consult with and advise the Idaho transportation department on matters concerning aeronautics. Members shall be compensated as provided by section 59-509(h), Idaho Code.

History.

I.C.,§ 21-134, as added by 1974, ch. 12, § 99, p. 61; am. 1980, ch. 247, § 7, p. 582; am 1982, ch. 95, § 131, p. 185; am. 1989, ch. 228, § 1, p. 543; am. 1994, ch. 128, § 1, p. 286; am. 2001, ch. 377, § 2, p. 1319.

§ 21-135. Composition of advisory board — Number — Appointment — Qualifications.

The advisory board shall be composed of five (5) members to be appointed by the governor. All members shall be knowledgeable and have experience in aviation; provided however, one (1) member shall have particular knowledge of commercial aviation; one (1) member shall have knowledge of general aviation; one (1) member shall have particular knowledge of back-country aviation; and one (1) member shall have particular knowledge of air freight transportation. Not more than three (3) members thereof shall at any time belong to the same political party. Provided, however, two (2) members of the advisory board shall be licensed pilots. Members shall be successful public spirited citizens of good character, well informed and interested in the construction and maintenance of aeronautical facilities. Selection and appointment shall be made solely with regard to the best interests of the various functions of the advisory board. Each member at the time of his appointment shall be a citizen and resident taxpayer of the state of Idaho, and of the members appointed to represent director districts, such member shall be a resident of the district from which he is appointed for at least three (3) years.

History.

1970, ch. 257, § 5, p. 683; am. 1974, ch. 12, § 100, p. 61; am. 1993, ch. 274, § 1, p. 926; am. 2001, ch. 377, § 3, p. 1319.

§ 21-136. Appointment of members — Term — Vacancies.

For the purposes of selection of members of the advisory board of aeronautics, one (1) member shall be appointed to represent director districts no. 1 and 2, one (1) member to represent director districts no. 3 and 4, one (1) member to represent director districts no. 5 and 6, as provided in section 40-303, Idaho Code, and two (2) members shall be appointed from the state at-large.

The governor shall appoint, subject to confirmation by the senate, the board members for terms of five (5) years. The initial terms of the at-large members may be less than five (5) years, and shall be staggered so that not more than (1) term of any member of the board shall expire in any one (1) year. The term of each member shall begin immediately upon his appointment and qualification. Each member shall hold office after the expiration of his term until his successor has been appointed. Not less than fifteen (15) days before the expiration of the term of appointment of each member, the governor shall appoint a successor and submit the appointment to the senate for confirmation. Should any member of the board resign, die, remove from the district from which he was appointed, or otherwise be removed from office, a vacancy shall exist, and during the recess of the legislature, the governor shall within thirty (30) days appoint a successor with like qualifications, to serve for the remainder of the retiring member’s unexpired term. If a vacancy occurs within forty-five (45) days after the convening of the legislature and while it is still in session, the governor shall make and submit to the senate for its approval a nomination to fill the vacancy.

History.

1970, ch. 257, § 6, p. 683; am. 1974, ch. 12, § 101, p. 61; am. 1985, ch. 253, § 3, p. 586; am. 1989, ch. 228, § 2, p. 543; am. 1996, ch. 35, § 1, p. 88; am. 2001, ch. 377, § 4, p. 1319.

§ 21-137. Certificates of members — Oath — Political affiliation — Bond.

Each member of the board shall receive a certificate of appointment from the governor, and before entering upon the discharge of his official duties, shall file with the secretary of state the constitutional oath of office, to which and as a part thereof shall be added a declaration of the political party to which said board member belongs. Each member shall be bonded in the time, form and manner prescribed in chapter 8, title 59, Idaho Code.

History.

1970, ch. 257, § 7, p. 683.

§ 21-138. Members serve at pleasure of governor.

Members shall serve at the pleasure of the governor.

History.

1970, ch. 257, § 8, p. 683.

§ 21-139 — 21-141. Board of aeronautical directors — Compensation — Election — Terms. [Repealed.]

§ 21-142. Powers and duties of board.

The Idaho transportation board shall be vested with the functions, powers and duties relating to the provisions of this act and shall have power to:

1. Contract in the name of the state with respect to the rights, powers and duties vested in the board by this act.
2. Locate, design, construct, reconstruct, alter, extend, repair and maintain state aeronautical facilities when determined by the board to be in the public interest.
3. Establish standards for the location, design, construction, reconstruction, alteration, extension, repair and maintenance of state aeronautical facilities.
4. Make annually on or before the first day of December of each year, and at such other times as the governor may require, reports in writing to the governor concerning the condition, management and financial transactions of the transportation department.
5. Purchase, condemn or otherwise acquire, and exchange any real property, either in fee or in any lesser estate or interest, rights-of-way, easements and other rights together with rights of direct access from the property abutting aeronautical facilities, deemed necessary by the board for present or future aeronautical purposes. The order of the board that the land sought is necessary for such use shall be prima facie evidence of such fact.
6. Cooperate with, receive and expend grants from the federal government, and receive and expend gifts and grants from other sources for the construction and improvement of any aeronautical facility and, when authorized or directed by any act of congress or any rule or regulation of any agency of the federal government, expend funds so donated or granted.
7. Contract jointly with counties, municipalities and other public agencies for the improvement and construction of aeronautical facilities.
8. Expend funds for the construction, maintenance and improvement of publicly owned aeronautical facilities.
9. Prescribe rules and regulations affecting aeronautical facilities, and enforce compliance therewith.
10. Cooperate financially or otherwise with any other state, county or city of any other state, or with any foreign country or any province or district of any foreign country, or with the government of the United States, or any agency thereof, or private agencies or persons, or with any or all thereof for the erecting, constructing, reconstructing, and maintaining of any aeronautical facility between the state of Idaho and any other state or foreign country, and for the purchase or condemnation or other acquisition of right-of-way therefor.
11. Close or restrict the use of any state aeronautical facility whenever such closing or restricting of use is deemed necessary.
12. Establish such departmental divisions as are necessary for the full and efficient administration of this act.
13. Employ such personnel as are necessary, subject to the provisions of the public employee retirement system (chapter 13, title 59, Idaho Code), group insurance plan (chapter 57, title 67, Idaho Code), or personnel system (chapter 53, title 67, Idaho Code).
14. Sell, exchange, or otherwise dispose of and convey, in accordance with law, any real or personal property, other than public lands which by the constitution and laws of the state of Idaho are placed under the jurisdiction of the state land board, or parts thereof, together with appurtenances when, in the opinion of the board, said real property and/or appurtenances are no longer needed for state aeronautical purposes, and also dispose of any surplus materials and by-products from such property and appurtenances. (15) Establish rules and regulations, consistent with the laws of Idaho, for the expenditure of all moneys appropriated and/or allotted by law to the Idaho transportation department or the board.

(16) Exercise such other powers and duties, including the adoption of bylaws, rules and regulations, necessary to fully implement and carry out the provisions of this act and the provisions of title 21, Idaho Code, not inconsistent herewith.

History.

1970, ch. 257, § 12, p. 683; am. 1974, ch. 12, § 102, p. 61; am. 2018, ch. 169, § 1, p. 344.

§ 21-143 — 21-145. State director of aeronautics — Oath — Bond — Functions. [Repealed.]

§ 21-146. Funds, appropriations and other moneys for the department of aeronautics transferred to control of Idaho transportation board.

All funds, appropriations and other moneys from whatever source, now or hereafter appropriated and/or provided by law for the administration of the functions, powers and duties of the department of aeronautics and/or the board including those of the state aeronautics fund, shall be and the same hereby are, respectively, transferred, made available to and placed under the control of the Idaho transportation board and appropriated for expenditure by it and shall be paid out by the state treasurer in the manner provided by the constitution and the laws of the state of Idaho. The said “state aeronautics fund” shall be in all respects the same “state aeronautics fund” as hereafter provided by law, and which said fund shall be and remain in full force and effect.

History.

1970, ch. 257, § 16, p. 683; am. 1974, ch. 12, § 103, p. 61.

§ 21-147. Continuation of existing statutes — Effect.

The statutes of the state of Idaho now governing the administration, construction, maintenance, development and regulation of aeronautical facilities within the state, except where the same conflict with or are superseded by this act, shall continue with full force and effect, except that wherever the words “department of aeronautics,” “Idaho board of aeronautical directors,” “director of aeronautics” and the “state director of aeronautics” are used in the statutes of the state with respect to the administration, construction, maintenance, development and regulation of aeronautical facilities, the same shall be read and construed to mean, respectively, the “Idaho transportation board” and/or the “director of the Idaho transportation department,” as the case may be. The Idaho transportation board shall be the successor in law to all contractual obligations entered into by its predecessors in law.

History.

1970, ch. 257, § 17, p. 683; am. 1974, ch. 12, § 104, p. 61.

§ 21-148. Continuation of rights and privileges of present employees — Effect.

Nothing herein contained shall affect the rights or privileges of employees of the present department of aeronautics under the public employee retirement system (chapter 13, title 59, Idaho Code), group insurance plan (chapter 57, title 67, Idaho Code), or personnel system (chapter 53, title 67, Idaho Code).

History.

1970, ch. 257, § 18, p. 683; am. 2018, ch. 169, § 2, p. 344.

§ 21-149. Conflicts with other laws.

Whenever any provisions of the existing laws of the state or of any laws enacted at the fortieth session [1969, 1970] of the Idaho legislature, are in conflict with the provisions of this act, it is the declared intention of the legislature that the provisions of this act shall control and supersede all such laws.

History.

1970, ch. 257, § 19, p. 683.

§ 21-150. Violations — Penalty.

Any person who shall violate or aid in the violation of any of the provisions of this act, unless a different penalty be prescribed by law, shall be guilty of a misdemeanor and upon conviction thereof be punished by a fine of not more than three hundred dollars ($300) or imprisonment for a period not to exceed ninety (90) days or both such fine and imprisonment in the discretion of the court, and all fines collected for violation of this act shall be paid ten percent (10%) into the state’s general fund and ninety percent (90%) into the state aeronautics fund.

History.

1970, ch. 257, § 21, p. 683.

§ 21-201. Definition of terms.

1. a. The term “aircraft” means any contrivance now known or hereafter invented, used, or designed for navigation of or flight in the air, except a parachute or other contrivance designed for such navigation but used primarily as safety equipment.
2. b. The term “airman” means any individual (including the person in command, and any pilot, mechanic or member of the crew) who engages in the navigation of aircraft while under way, and any individual who is in charge of the inspection, overhauling or repairing of aircraft.
3. c. The term “passenger” includes any person riding in an aircraft, but having no part in its operation.

History.

1931, ch. 100, § 1, p. 178; I.C.A.,§ 21-101.

§ 21-202. Sovereignty in space.

Sovereignty in space above the lands and waters of this state is declared to rest in the state, except where granted to and assumed by the United States pursuant to a constitutional grant from the people of this state.

History.

1931, ch. 100, § 2, p. 178; I.C.A.,§ 21-102.

§ 21-203. Ownership of space.

The ownership of the space above the lands and waters of this state is declared to be vested in the several owners of the surface beneath, subject to the right of flight described in section 21-204[, Idaho Code].

History.

1931, ch. 100, § 3, p. 178; I.C.A.,§ 21-103.

§ 21-204. Lawfulness of flight.

Flight in aircraft over the lands and waters of this state is lawful, unless at such a low altitude as to interfere with the then existing use to which the land or water, or the space over the land or water, is put by the owner, or unless so conducted as to be imminently dangerous to persons or property lawfully on the land or water beneath. The landing of an aircraft on the lands or waters of another, without his consent, is unlawful except in the case of a forced landing. For damages caused by a forced landing, however, the owner or lessee of the aircraft and/or the airman shall be liable, as provided in section 21-205[, Idaho Code].

History.

1931, ch. 100, § 4, p. 178; I.C.A.,§ 21-104.

§ 21-205. Damage on land.

The owner or the operator, or either of them, of every aircraft which is operated over the lands or waters of this state shall be liable for injuries or damages to persons or property on or over the land or water beneath, caused by the ascent, descent or flight of aircraft, or the dropping or falling of any object therefrom, in accordance with the rules of law applicable to torts on land in this state. If the aircraft is leased at the time of the injury to person or property, both owner and lessee shall be thus liable, and they may be sued jointly, or either or both of them may be sued separately. The injured person, or owner or bailee of the injured property, shall have a lien on the aircraft causing the injury to the extent of the actionable damage caused by the aircraft or objects falling from it.

History.

1931, ch. 100, § 5, p. 178; I.C.A.,§ 21-105.

§ 21-207. Jurisdiction over crimes and torts.

All crimes, torts and other wrongs committed by or against an airman or passenger while in flight over this state shall be governed by the laws of this state; and the question whether damage occasioned by or to an aircraft while in flight over this state constitutes a tort, crime or other wrong by or against the owner of such aircraft, shall be determined by the laws of this state, so far as not governed by federal laws at any time.

History.

1931, ch. 100, § 7, p. 178; I.C.A.,§ 21-107.

§ 21-208. Jurisdiction over contracts.

All contractual and other legal relations entered into by airmen or passengers while in flight over this state shall have the same effect as if entered into on the land or water beneath.

History.

1931, ch. 100, § 8, p. 178; I.C.A.,§ 21-108.

§ 21-209. Uniformity of interpretation.

This act shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it, and to harmonize, as far as possible, with the United States Air Commerce Act of 1926, the regulations thereunder and other federal laws and regulations on the subject of aeronautics.

History.

1931, ch. 100, § 9, p. 178; I.C.A.,§ 21-109.

§ 21-210. Short title.

This act shall be known and cited as the Uniform State Law for Aeronautics.

History.

1931, ch. 100, § 10, p. 178; I.C.A.,§ 21-110.

§ 21-211. Proceeds of licenses and fines — State aeronautics fund.

All moneys collected for the licensing of aircraft and airmen, all fines and penalties paid under the provisions of laws relating to or regulating the operation, registration or licensing of aircraft or pilots, air safety or air flight not otherwise appropriated and such other funds as may be paid into the state aeronautics fund shall be paid to the state treasurer, and shall be placed by him in the state aeronautics fund, which is hereby created, and all of said state aeronautics fund is hereby appropriated for the purpose of furthering the administration, development and enforcement of laws relating to aviation, for defraying state air flight program costs, and for defraying administrative expenses of the Idaho transportation department, including per diem compensation of the Idaho transportation board, and the salary of the director of the department. Interest earned on the investment of idle moneys in the state aeronautics fund shall be paid to the state aeronautics fund.

History.

I.C.,§ 21-211, as added by 1957, ch. 150, § 2, p. 249; am. 1973, ch. 163, § 1, p. 310; am. 1974, ch. 12, § 105, p. 61; am. 2001, ch. 94, § 1, p. 242; am. 2011, ch. 58, § 1, p. 122.

§ 21-212. Guest statute. [Unconstitutional.]

§ 21-213. Restrictions on use of unmanned aircraft systems — Definition — Violation — cause of action and damages.

1. 1. For the purposes of this section, the term “unmanned aircraft system” (UAS) means an unmanned aircraft vehicle, drone, remotely piloted vehicle, remotely piloted aircraft or remotely operated aircraft that is a powered aerial vehicle that does not carry a human operator, can fly autonomously or remotely and can be expendable or recoverable. (1)(a) For the purposes of this section, the term “unmanned aircraft system” (UAS) means an unmanned aircraft vehicle, drone, remotely piloted vehicle, remotely piloted aircraft or remotely operated aircraft that is a powered aerial vehicle that does not carry a human operator, can fly autonomously or remotely and can be expendable or recoverable.
   2. Unmanned aircraft system does not include:
      1. Model flying airplanes or rockets, including but not necessarily limited to those that are radio-controlled or otherwise remotely controlled and that are used purely for sport or recreational purposes; and
      2. An unmanned aircraft system used in mapping or resource management.
2. 1. No person, entity or state agency shall use an unmanned aircraft system to intentionally conduct surveillance of, gather evidence or collect information about, or photographically or electronically record specifically targeted persons or specifically targeted private property, including but not limited to: (2)(a) No person, entity or state agency shall use an unmanned aircraft system to intentionally conduct surveillance of, gather evidence or collect information about, or photographically or electronically record specifically targeted persons or specifically targeted private property, including but not limited to:
      1. An individual or a dwelling owned by an individual and such dwelling’s curtilage, without such individual’s written consent;
      2. A farm, dairy, ranch or other agricultural industry, or commercial or industrial property, without the written consent of the property owner.
   2. No person, entity, or local, state, or federal agency shall use an unmanned aircraft system to photograph or otherwise record an individual, without such individual’s written consent, for the purpose of publishing or otherwise publicly disseminating such photograph or recording.
   3. Nothing in this section shall be construed to prohibit any law enforcement agency, fire department, or other local or state government entity from using an unmanned aircraft system:
      1. To assist with traffic accident documentation or reconstruction;
      2. To assist with crowd or traffic management of an event by providing an aerial perspective of the public streets and intersections leading to and from a sports or entertainment arena, fairgrounds, stadium, convention hall, special event center, amusement facility, outdoor concert venue, plaza, or special event area, provided that the law enforcement agency shall not issue traffic infraction citations based solely on images or video captured by an unmanned aircraft system;
      3. To assess damage due to a natural disaster or fire;
      4. For the training of persons in the operation and use of an unmanned aircraft system, provided that any images or video captured during a training shall not be used as evidence in any criminal proceeding and shall comply with the provisions of this section;
      5. To assist in search and rescue operations, crime scene investigations, or temporary law enforcement use of an unmanned aircraft system to respond to emergencies in which there is an imminent threat to lives or property, or to respond to an emergency affecting public safety; or
      6. Following the issuance of a warrant, where a warrant is required under Idaho or federal law.
3. Any person who is the subject of prohibited conduct under subsection (2) of this section shall: (a) Have a civil cause of action against the person, entity, or local, state, or federal agency for such prohibited conduct; and
4. An owner of facilities located on lands owned by another under a valid easement, permit, license or other right of occupancy is not prohibited in this section from using an unmanned aircraft system to aerially inspect such facilities.

(b) Be entitled to recover from any such person, entity, or local, state, or federal agency damages in the amount of the greater of one thousand dollars ($1,000) or actual and general damages, plus reasonable attorney’s fees and other litigation costs reasonably incurred.

History.

I.C.,§ 21-213, as added by 2013, ch. 328, § 1, p. 859; am. 2020, ch. 282, § 1, p. 822.

§ 21-301 — 21-309. Air Commerce Act of 1929. [Repealed.]

§ 21-401. Authority to provide facilities — Expense — Issuance of bonds — Duties of commissioners and councilmen — Restriction on lease of facilities.

Counties, highway districts and cities are hereby authorized to acquire by purchase, lease, condemnation, or otherwise, take over and hold lands either wholly or partly within or without the boundaries or corporate limits of such counties, highway districts or cities, or wholly or partly within or without the state of Idaho, for the purpose of constructing and maintaining aviation fields, airports, hangars and other air navigation facilities; to provide equipment necessary or incidental to the maintenance and operation of such aviation fields or airports; to maintain, operate and manage such aviation fields, airports and grounds and prescribe rules and regulations for the maintenance, operation and management thereof, and fix fees and rentals to be charged for the use of the same or any part thereof; to survey, plat, map, grade, ornament and otherwise improve such lands and all appurtenances thereto, whether owned and operated or owned or leased by such counties, highway districts or cities, and all approaches and avenues leading to or adjacent thereto; to lease for aviation purposes or for any purposes connected therewith and incidental thereto and for such commercial purposes as the governing bodies of such counties, highway districts and cities may determine upon all or any part of the land or lands so required, under such regulations and upon such terms and conditions as shall be established by such governing bodies, and not subject to the limitation as to length of term prescribed in section 31-836, Idaho Code; to construct, operate and maintain hangars, buildings and equipment necessary or convenient to the maintenance and operation of aviation fields or airports.

Counties, highway districts and cities are hereby empowered to provide for all costs and expenses necessary or incident to the exercise of the foregoing powers or the attainment of the foregoing objects or any of them, out of the general funds or out of any of the funds made available for such purposes, of such counties, highway districts and cities, or to issue bonds pursuant to law for the payment of any or all of such costs and expenses except for the maintenance and operation of such aviation fields or airports. Nothing contained in this chapter shall be construed to increase the maximum of any tax levies for counties, highway districts or cities.

The boards of county commissioners of their respective counties, the highway commissioners of their respective highway districts and the councilmen of their respective cities, shall have jurisdiction and power under such limitations and restrictions as are prescribed by law to carry into full force and effect all of the provisions of this law.

Such aviation fields or airports shall in no case be leased to any person, association or corporation under such terms or conditions as to give such person, association or corporation, the exclusive right to the use of such aviation fields or airports. History.

1929, ch. 106, § 1, p. 172; I.C.A.,§ 21-301; am. 1937, ch. 59, § 1, p. 79; am. 1951, ch. 54, § 1, p. 77; am. 1963, ch. 45, § 1, p. 194; am. 1971, ch. 88, § 1, p. 189; am. 1995, ch. 118, § 1, p. 417; am. 2005, ch. 203, § 1, p. 613; am. 2012, ch. 268, § 1, p. 750.

§ 21-402. Application limited. [Repealed.]

§ 21-403. Counties and municipalities may share in cost of airports.

Recognizing the need for airports as part of the national defense system and the inability of one (1) municipality or one (1) county to finance the cost of such construction and maintenance thereof within its own limits or boundaries, it is the intent and purpose of this act to enable them to jointly and severally enter into contracts or agreements and share in the cost of such construction and maintenance.

History.

1941, ch. 103, § 1, p. 184.

§ 21-404. Tax levy authorized.

Any county or municipality may levy on all of the taxable property of said county or said municipality, for the purpose of building and maintaining an airport either within or without the boundaries of such county or municipality, a tax not to exceed four hundredths percent (.04%) of market value for assessment purposes, on all taxable property within such county or such municipality, provided, however, that this section does not constitute a limitation upon the powers of cities as provided in section 50-321, Idaho Code.

History.

1941, ch. 103, § 2, p. 184; am. 1965, ch. 147, § 1, p. 286; am. 1995, ch. 82, § 1, p. 218.

§ 21-405. Cooperative agreements for division of costs.

Any county may enter into agreements with other contiguous counties or with any municipality within or without said county, and any municipality may enter into agreements with other municipalities either within or without the county wherein said municipality is located; or with any county or counties within, this state, for the purpose of the construction and maintenance of airports and for a division of the costs of such construction and maintenance and for the location of such airports and facilities connected therewith. Any county or municipality may enter into agreements with the federal government, or any of its agencies, for assistance and cooperation in the construction and maintenance of any airports and providing for the transfer of airports so constructed, to the federal government or the state of Idaho for the consideration of perpetual maintenance of said airports.

History.

1941, ch. 103, § 3, p. 184.

§ 21-406. Funds to carry out contracts.

For the purpose of carrying out the terms of any contract or agreement entered into pursuant to the provisions of this act, such municipality or county may use any funds at its disposal, not otherwise appropriated.

History.

1941, ch. 103, § 4, p. 184.

§ 21-501. Definitions.

Definitions as used in this chapter, unless the context otherwise requires:

1. “Airport” means any area of land or water which is used, or intended for use, for the landing and takeoff of aircraft, and any appurtenant areas which are used, or intended for use, for airport buildings or other airport facilities or rights-of-way, together with all airport buildings and facilities located thereon. The term “airport” shall include such other common terms as aviation field, airfield, intermediate landing field, landing field, landing area, airstrip, and landing strip. For the purposes of this chapter, the term “airport” refers to a publicly owned and managed facility that is open for public use without operational restrictions on its use.
2. “Aviation hazard” means any new or existing structure, object of natural growth, use of land, or modification thereto, which endangers the lives and property of users of an airport, or of occupants of land in its vicinity, and that reduces the size of the area available for landing, taking off and maneuvering of aircraft, or extends up into the airspace between airports to cause disastrous and needless loss of life and property.
3. “Aviation hazard area” means any area of land or water upon which an aviation hazard might be established if not prevented as provided in this chapter.
4. “Political subdivision” means any municipality, city or county.
5. “Person” means any individual, firm, copartnership, corporation, company, association, joint stock association, or body politic, and includes any trustee, receiver, assignee, or other similar representative thereof.
6. “Structure” means any object constructed or installed by man, including, but without limitation, buildings, towers, smokestacks, and overhead transmission lines.
7. “Tree” means any object of natural growth.
8. “State” or “this state” means the state of Idaho.
9. “Department” means the Idaho transportation department.
10. “Director” means the director of the Idaho transportation department or his agent.
11. “Board” means the Idaho transportation board.

History.

1947, ch. 130, § 1, p. 315; am. 1974, ch. 12, § 106, p. 61; am. 2005, ch. 174, § 3, p. 537.

§ 21-503. Airport zoning regulations. [Repealed.]

Repealed by S.L. 2014, ch. 93, § 2, effective July 1, 2014.

History.

1947, ch. 130, § 3, p. 315; am. 1957, ch. 187, § 1, p. 369; am. 1974, ch. 12, § 107, p. 61; am. 1975, ch. 111, § 1, p. 229; am. 2005, ch. 174, § 5, p. 537.

§ 21-504. Procedure for zoning an aviation hazard area. [Repealed.]

Repealed by S.L. 2014, ch. 93, § 2, effective July 1, 2014.

History.

1947, ch. 130, § 4, p. 315; am. 1957, ch. 187, § 2, p. 369; am. 2005, ch. 174, § 6, p. 537.

§ 21-505. Airport zoning requirements. [Repealed.]

Repealed by S.L. 2014, ch. 93, § 2, effective July 1, 2014.

History.

1947, ch. 130, § 5, p. 315; am. 1957, ch. 187, § 3, p. 369; am. 2005, ch. 174, § 7, p. 537.

§ 21-505A. Permits and variances

Marking and lighting. [Repealed.]

Repealed by S.L. 2014, ch. 93, § 2, effective July 1, 2014.

History.

I.C.,§ 21-505A, as added by 1957, ch. 187, § 4, p. 369; am. 1974, ch. 12, § 108, p. 61; am. 2005, ch. 174, § 8, p. 537.

§ 21-505B. Relation to comprehensive zoning regulations. [Repealed.]

Repealed by S.L. 2014, ch. 93, § 2, effective July 1, 2014.

History.

I.C.,§ 21-505B, as added by 1957, ch. 187, § 5, p. 369.

§ 21-506. Judicial review. [Repealed.]

Repealed by S.L. 2014, ch. 93, § 2, effective July 1, 2014.

History.

1947, ch. 130, § 6, p. 315; am. 1957, ch. 187, § 6, p. 369; am. 2005, ch. 174, § 9, p. 537.

§ 21-507. Enforcement and remedies. [Repealed.]

Repealed by S.L. 2014, ch. 93, § 2, effective July 1, 2014.

History.

1947, ch. 130, § 7, p. 315.

§ 21-508. Acquisition of air rights. [Repealed.]

Repealed by S.L. 2014, ch. 93, § 2, effective July 1, 2014.

History.

1947, ch. 130, § 8, p. 315.

§ 21-509. Separability.

If any provision of this act or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect the provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.

History.

1947, ch. 130, § 9, p. 315.

§ 21-510. Short title.

This act shall be known and may be cited as “The Airport Zoning Act.”

History.

1947, ch. 130, § 10, p. 315.

§ 21-511. State land adjacent to public airport — Notice of intention to sell or lease.

No land owned by the state of Idaho adjacent to a public airport, or adjacent to land acquired for use in connection with such airport, shall be sold or leased without first giving to the public authorities owning such airport at least twenty (20) days’ written notice of the intention to sell or lease such state land.

History.

1941, ch. 6, § 1, p. 14.

§ 21-512. Authority to sell or lease.

The state board of land commissioners is hereby authorized to lease any state lands adjacent to any public airport, or adjacent to lands acquired for use in connection with such airport, for public airport purposes, or for use in connection with such airport, upon such conditions as the board may determine for the best interests of the state, and for such term as said lands shall be used or be deemed desirable for use in connection with such public airport, provided, however, that any granted lands from the United States government to the state under the provisions of section 5 of the Idaho Admission Bill [26 Stat. at Large, ch. 656, p. 215] may be leased for a term not exceeding five (5) years.

History.

1941, ch. 6, § 2, p. 14.

§ 21-513. Declaration of policy.

As a guide to the interpretation and application of this act, the public policy of this state is declared to be that any hazard to the safety of air flight may cause disastrous and needless loss of life and property, that safety in air flight is of paramount importance for the protection and well-being of the people, that the use of the air space is constantly increasing and is vital to the continued growth, development and enjoyment of the great natural resources and economy of this state and that the general welfare of the citizens of this state requires, under the police powers of the state, that maximum safety precautions to air commerce be enacted and maintained.

History.

1955, ch. 241, § 1, p. 540.

§ 21-514. Definition of terms.

As used in this act the terms structure, person, department and director shall have the meanings defined in section 21-501, Idaho Code.

History.

1955, ch. 241, § 2, p. 540.

§ 21-515. Marking of hazards to air flight.

Any structure when determined by the director of the Idaho transportation department to be a hazard or potential hazard to the safe flight of aircraft shall be plainly marked, illuminated, painted, lighted or designated in a manner to be approved by the director, so that the same will be clearly visible to airmen.

History.

1955, ch. 241, § 3, p. 540; am. 1974, ch. 12, § 109, p. 61; am. 2005, ch. 174, § 10, p. 537.

§ 21-515A. Hazards to air flight — Standards for guyed towers.

1. Any temporary or permanent guyed tower fifty (50) feet or more in height that is located outside the boundaries of an incorporated city or town on land that is primarily rural or undeveloped or used for agricultural purposes, or that is primarily desert, and where such guyed tower’s appearance is not otherwise governed by state or federal law, rule or regulation, shall be lighted, marked and painted or otherwise constructed to be visible in clear air during daylight hours from a distance of not less than two thousand (2,000) feet. Guyed towers shall be required to be in accordance with the following:
   1. Guyed towers shall be painted in seven equal alternating bands of aviation orange and white. Such alternating bands shall begin with orange at the top of the tower and end with orange at the base.
   2. Guyed towers shall have a flashing light at the top of the tower. Such light shall be visible in clear air, with the naked eye, from a distance of two thousand (2,000) feet when flashing. Such light shall also be visible with night vision goggles.
   3. The surface area under the footprint of the tower and six (6) feet beyond the outer tower anchors shall have a contrasting appearance with any surrounding vegetation.
   4. Two (2) marker balls shall be attached to and evenly spaced on each of the outside guy wires.
   5. Guyed towers shall have a seven (7) foot long safety sleeve at each anchor point and shall extend from the anchor point along each guy wire attached to the anchor point.
2. Any guyed tower that was erected prior to the effective date of this act shall be marked as required by the provisions of this section within one (1) year of the effective date of this act. Any guyed tower that is erected on or after the effective date of this act shall be marked as required by the provisions of this section at the time it is erected.
3. For the purposes of this section, the following terms shall have the following meanings:
   1. “Guyed tower” means a tower that is supported in whole or in part by guy wires and ground anchors or other means of support besides the superstructure of the tower itself, towers used for military purposes excepted.
   2. “Height” means the distance measured from the original grade at the base of the tower to the highest point of the tower.
   3. “Temporary or permanent guyed tower” means a guyed tower erected and standing for any period of time whatsoever.
4. This section shall not apply to power poles or structures owned and operated by an electric supplier as defined in section 61-332A(4), Idaho Code, to facilities used by a federal power marketing agency to serve public utilities or consumer-owned utilities, to any poles or structures supporting electric lines carrying a voltage of sixty-nine (69) kilovolts or more, or any structure the primary purpose of which is to support telecommunications equipment, including citizens band (CB) radio towers and all other amateur radio towers.
5. Any person who violates a provision of this section shall be guilty of a misdemeanor.

History. I.C.,§ 21-515A, as added by 2012, ch. 164, § 1, p. 444; am. 2013, ch. 182, § 1, p. 435; am. 2013, ch. 210, § 1, p. 499; am. 2017, ch. 52, § 1, p. 81.

§ 21-516. Determination of hazards.

In determining the structures which are or may be a hazard to air flight the director shall consider the terrain, character of the neighborhood, uses to which the structure and surrounding property may be adaptable, and the character of the flying operations expected to be conducted in the area.

History.

1955, ch. 241, § 4, p. 540; am. 2005, ch. 174, § 11, p. 537.

§ 21-517. Procedure for determination of hazards.

When the director determines that a structure is a probable hazard within the meaning of this chapter, he shall notify the owner of the land, or operator or owner of the structure who shall have twenty (20) days after the receipt of such notice to show cause why such structure should not be determined to be a hazard.

History.

1955, ch. 241, § 5, p. 540; am. 2005, ch. 174, § 12, p. 537.

§ 21-518. Judicial review.

Any person aggrieved by the decision of the director in making a determination within the meaning of this act may appeal such determination to the district court of the judicial district in which such structure is situated in the same manner in which appeals are taken from the board of county commissioners to the district court.

History.

1955, ch. 241, § 6, p. 540.

§ 21-519. Rules and regulations.

The director of the Idaho transportation department shall adopt and may, as conditions require, amend such rules and regulations as he deems necessary to provide reasonable standards of marking, painting, lighting, illuminating, designating and maintaining any such air flight hazards to the end that the same will be made clearly visible to airmen in order that maximum safety may be provided for air flight.

History.

1955, ch. 241, § 7, p. 540; am. 1974, ch. 12, § 110, p. 61.

§ 21-520. Violation of act, penalties, injunction.

Whenever any person refuses or neglects to illuminate, mark, paint, designate or light, as required by this act, a structure owned or operated by him after the same has been designated by the director to be an obstruction to air flight, he shall be guilty of a misdemeanor, and upon conviction thereof, shall be fined not less than $100, nor more than $300, for each offense, or the director may maintain an action in the name of the state of Idaho to compel compliance by mandatory injunction.

That after the first conviction and fine, every subsequent period of 30 days during which such person neglects to comply with the provisions of this section, shall constitute a separate offense and be punishable as provided herein.

History.

1955, ch. 241, § 8, p. 540.

§ 21-601, 21-602. Ada County — Description — Lease of lands. [Repealed.]

§ 21-603. Twin Falls County — Description of lands.

The following described state lands are hereby reserved from sale, so long as the same shall be used for the purpose of an airport maintained by public authority.

The northeast quarter of the southwest quarter (NE¼ SW¼), the south half of the northwest quarter (S½ NW¼), the northeast quarter of the northwest quarter (NE¼ NW¼), the northwest quarter of the northwest quarter (NW¼ NW¼), the southwest quarter of the northeast quarter (SW¼ NE¼), the northwest quarter of the northeast quarter (NW¼ NE¼), the southeast quarter of the northeast quarter (SE¼ NE¼), the south half of the southwest quarter (S½ SW¼), the northwest quarter of the southwest quarter (NW¼ SW¼), and the northeast quarter of the northeast quarter (NE¼ NE¼), all in section sixteen (16), township eleven (11), south of range seventeen (17) east of the Boise Meridian, containing four hundred and eighty (480) acres in Twin Falls County, Idaho.

History.

1937, ch. 121, § 1, p. 182.

§ 21-604. Twin Falls County — Lease of lands.

The state board of land commissioners is hereby authorized to lease the lands described in section 21-603[, Idaho Code], for public airport purposes upon such conditions as the board may determine best in the interests of the state and for such a term as said land shall be used for such purposes.

Said lands are now needed and in part used as a portion of a site for an airport to be constructed in cooperation with the federal government, the city of Twin Falls, the works progress administration and other public agencies or organizations which have already spent a large sum of money in the partial construction of such airport.

History.

1937, ch. 121, § 2, p. 182.

§ 21-605. Valley County — Description of lands.

The following described state lands are hereby reserved from sale so long as the same shall be used for the purpose of an airport maintained by public authority.

All of lot seven (7) and the northeast quarter of the northeast quarter of the southwest quarter (NE¼ NE¼ SW¼) of section sixteen (16), township sixteen (16) north, range twelve (12) east of the Boise Meridian; and that portion of lot four (4) of said section 16 described as follows: Beginning at the southwest (SW) corner of lot four (4); thence north six hundred and sixty feet (660 ft.); thence east to the western meander line of the Middle Fork of the Salmon River; thence southeast (SE) following said meander line to the southeast (SE) corner of lot four (4); thence west to the point of beginning, containing fifty (50) acres more or less.

History.

1939, ch. 147, § 1, p. 264.

§ 21-606. Valley County — Lease of lands.

The state board of land commissioners is hereby authorized to lease the lands described in section 21-605[, Idaho Code], for public airport purposes upon such terms and conditions as the board may determine best in the interest of the state and for such a term as said land shall be used for such purposes.

History.

1939, ch. 147, § 2, p. 264.

§ 21-701. Definitions.

The following words and phrases when used in this chapter are defined to mean the following:

1. “Aircraft” means any contrivance now known or hereafter invented used or designed for navigation of or flight in the air.
2. “Aircraft engine” means an engine used or intended to be used for propulsion of aircraft and includes all parts, appurtenances and accessories thereof other than propellers.
3. “Aircraft navigation facility” means any facility used in, available for use in, or designed for use in, aid of air navigation, including landing areas, lights, any apparatus or equipment for disseminating weather information, for signaling, for radio-directional finding, or for radio or other electrical communication, and any other structure or mechanism having a similar purpose for guiding or controlling flight in the air or the landing and takeoff of aircraft.
4. “Airport” means any area of land or water which is used, or intended for use, for the landing and takeoff of aircraft, and any appurtenant areas which are used, or intended for use, for airport buildings or other airport facilities or rights-of-way, together with all airport buildings and facilities located thereon. The term “airport” shall include such other common terms as aviation field, airfield, intermediate landing field, landing field, landing area, airstrip, and landing strip. For purposes of this chapter the term “airport” refers to a publicly owned and managed facility that is open for public use without operational restrictions on its use.
5. “Appliances” means instruments, equipment, apparatus, parts, appurtenances, or accessories, of whatever description which are used, or are capable of being or intended to be used, in the navigation, operation, or control of aircraft in flight, including parachutes and including radio and communication equipment and any other mechanism or mechanisms whether or not installed in or attached to aircraft during flight.
6. “Person” means any individual, firm, copartnership, corporation, company, association, joint-stock association, or body politic; and includes any trustee, receiver, assignee, or other similar representative thereof.
7. “Propeller” includes all parts, appurtenances, and accessories thereof.
8. “Spare parts” means parts, appurtenances, and accessories of aircraft (other than aircraft engines and propellers), of aircraft engines (other than propellers), of appliances, maintained for installation or use in an aircraft, aircraft engine, propeller, or appliance, but which at the time are not installed therein or attached thereto.

History.

1963, ch. 359, § 1, p. 1028; am. 2005, ch. 174, § 13, p. 537.

§ 21-702. Stealing from, interfering with, or destruction of aircraft or air navigation facilities.

Any person who intentionally or with reckless disregard for the safety of human life:

1. damages, destroys, disables, sets fire to, tampers with, or wrecks any aircraft, aircraft navigation facility, or aircraft engine, propeller, radio, antenna or spare part, or cuts any wire or removes, damages, or tampers with any functional part of any aircraft or air navigation facility, or,
2. places or causes to be placed any destructive substance in, upon, or in proximity to, any such aircraft or any aircraft engine, propeller, appliance, spare part, fuel, lubricant, hydraulic fluid or other material used or intended to be used in connection with the operation of any such aircraft or any cargo carried or intended to be carried on any such aircraft or otherwise makes or causes to be made any such aircraft, engine, propeller, appliance, spare part, fuel, lubricant, hydraulic fluid or other material unworkable or unusable or hazardous to work or use, or
3. removes, steals, takes or carries away any part of an aircraft, aircraft engine, propeller, radio, air navigation facility or appliance used in connection with an aircraft, or
4. throws an object at, or drops an object upon, a moving aircraft, such object having the apparent capability to do harm, or
5. discharges an arrow, gun, airgun or firearm at or toward an aircraft, shall be guilty of a felony and shall be punished by a fine of not more than ten thousand dollars ($10,000) or imprisonment for not more than twenty (20) years, or by both such fine and imprisonment.

History.

1963, ch. 359, § 2, p. 1028; am. 1983, ch. 82, § 1, p. 168.

§ 21-703. Penalty when death results.

Any person who is convicted of any crime prohibited by this chapter which has resulted in the death of any person shall be subject also to imprisonment for life if the jury shall in its discretion so direct, or in the case of a plea of guilty or a plea of not guilty where the defendant has waived a trial by jury if the court in its discretion shall so order.

History.

1963, ch. 359, § 3, p. 1028.

§ 21-801. Purpose — Development of regional airports.

The purpose of this act is to provide for the development of regional airports in the state of Idaho, with the financial participation of the individual counties to be based on benefits received therefrom. In determining benefits received, it is the express intention of the legislature that the following factors be considered: distance from regional airport, population of county, and tax base of county.

History.

1967, ch. 277, § 1, p. 776.

§ 21-802. Division into regions.

For the purpose of this act, the state of Idaho is divided into five (5) air regions, consisting of the following counties, to-wit: the northern region shall consist of Benewah, Bonner, Boundary, Kootenai and Shoshone counties; the north central region shall consist of Clearwater, Idaho, Latah, Lewis and Nez Perce counties; the southwestern region shall consist of Ada, Adams, Boise, Canyon, Elmore, Gem, Owyhee, Payette, Valley and Washington counties; the south central region shall consist of Blaine, Camas, Cassia, Gooding, Jerome, Lincoln, Minidoka and Twin Falls counties; and the eastern region shall consist of Bannock, Bear Lake, Bingham, Bonneville, Butte, Caribou, Clark, Custer, Franklin, Fremont, Jefferson, Lemhi, Madison, Oneida, Power and Teton counties.

History.

1967, ch. 277, § 2, p. 776.

§ 21-803. Appointment of boards of trustees.

The Idaho transportation board shall, upon receipt of a petition signed by not less than twenty-five (25) electors from each legislative district within an air region as described in section 21-802, Idaho Code, appoint an interim board of trustees to consist of one (1) appointee from each legislative district in the region. Members of such boards shall serve without pay until such time as the regional airport authority is established and tax levying authority granted, after which such boards shall be reimbursed for actual and necessary expenses incurred in the performance of official duties. At the first meeting of each such board, a chairman shall be selected from the membership of the respective board. Such interim boards shall serve in such capacity until their successors are elected and qualified as provided in section 21-806, Idaho Code, and such boards shall exercise all powers and duties granted to the permanent board of trustees under section 21-807, Idaho Code.

History.

1967, ch. 277, § 3, p. 776; am. 1974, ch. 12, § 111, p. 61; am. 1976, ch. 220, § 1, p. 793.

§ 21-804. Degree of financial participation by counties.

Each interim board of trustees shall, with the advice and assistance of the Idaho transportation board, establish a formula for the degree of financial participation in a regional airport authority by each such county in the region, based upon the benefits each county would receive therefrom. In establishing the formula, the interim board of trustees shall consider the distance of each county seat from the proposed regional airport, the tax base of each county and the population of each county. Before any election may be held to establish a regional airport authority, the interim board of trustees shall have established, on a percentage basis, the degree of financial participation expected of each county in the region. The board shall, in addition, determine the location of the proposed regional airport.

History.

1967, ch. 277, § 4, p. 776; am. 1974, ch. 12, § 112, p. 61.

§ 21-805. Regional airport authority — Establishment by election.

A regional airport authority may be established by the vote of the electors of such region, voting at an election called and held as provided in chapter 14, title 34, Idaho Code, with special provisions as provided in this chapter:

1. A petition signed by not less than five percent (5%) of the electors from each county in the region, describing the degree of percentage of financial participation of each such county in the district and the proposed location of the regional airport, and praying for the organization of the region as a regional airport authority, together with a true copy thereof, shall be filed with the Idaho transportation department. Prior to filing such petition each clerk of the board of county commissioners of the counties in the region shall verify the validity of the signatures within the county.
2. Upon approval of the petition, the Idaho transportation department shall advise the boards of county commissioners of the counties in the region of the date of the election, which shall occur in May of even-numbered years, and each such board shall enter an order that an election be held for the purpose of voting on the question of the creation of such regional airport authority. Notice of election shall be published, the election shall be conducted and the returns thereof canvassed as required in title 34, Idaho Code. Provided, however, as a condition of voting in such election, an elector shall meet the qualifications prescribed in section 34-402, Idaho Code, and in addition shall be a resident of the proposed regional airport authority. The ballot shall contain the words “Regional Airport Authority—Yes” and “Regional Airport Authority—No,” each followed by a box in which the voter may express his choice by marking the ballot. The county clerk of each county shall conduct such election and the county board of canvassers shall canvass the returns thereof as though it were the only county in which such election were being held. The returns of the election so canvassed shall be certified promptly to the Idaho transportation department and if a majority of all of the votes cast in three (3) or more contiguous counties be in the affirmative, then the Idaho transportation department shall enter an order declaring such regional airport authority established within the limits of those counties that did vote in the affirmative, and shall certify such fact to the board of county commissioners of each county in the region in which an affirmative vote was cast. Counties which voted in the negative shall be excluded from the regional airport authority and shall be so notified by the Idaho transportation department. The cost of providing such election shall be paid by the respective boards of county commissioners, from funds available to such county. Provided, however, if the interim board of trustees is convinced that it would be impracticable for the three (3) contiguous counties to establish a regional airport authority, and so certifies to the Idaho transportation department and the board of county commissioners of those counties that did vote in the affirmative, the election shall be null and void and the authority shall not be created.

History.

1967, ch. 277, § 5, p. 776; am. 1970, ch. 35, § 1, p. 73; am. 1974, ch. 12, § 113, p. 61; am. 1995, ch. 118, § 2, p. 417; am. 2009, ch. 341, § 2, p. 993.

§ 21-805A. Annexation to existing authority — Election.

Subsequent to the organization of a regional airport authority, any county which is contiguous and which voted in the negative and was excluded from the authority at the time of the election held as provided in section 21-805, Idaho Code, may vote to join the authority. The provisions of section 21-805, Idaho Code, shall apply as nearly as possible to the election to be held. The question to be submitted to the electors of the existing authority and to the electors of the county wishing to be annexed shall clearly indicate the degree of financial participation of each of the participating counties should the annexation be approved, the division among the participating counties of any existing bond or debt obligations should the annexation be approved, and the representation on the permanent board of trustees to be given the annexed county should the annexation be approved. If a majority of all the votes cast in the existing district be in the affirmative, and if a majority of the votes cast in the county wishing to be annexed be in the affirmative, the Idaho transportation department shall enter an order declaring such county to be a part of the regional airport authority, and shall certify such fact to the board of county commissioners of each county in the authority.

History.

I.C.,§ 21-805A, as added by 1970, ch. 35, § 2, p. 73; am. 1974, ch. 12, § 114, p. 61.

§ 21-805B. Withdrawal from existing authority — Election — Indebtedness apportionment — Trustee representation.

Subsequent to the organization of a regional airport authority, the electors of any county which has joined the regional airport authority may call for an election to have such county withdraw from the authority in the manner, and subject to the provisions, herein in this section provided:

1. Such election for withdrawal may be called for by the submission to the board of trustees of the regional airport authority of petitions containing the statements and information hereinafter set forth, signed by not less than five percent (5%) of the qualified electors of each county which is a member of the authority, as defined in section 34-402, Idaho Code, existing as of the date of submission of such petitions to the county clerks for verification as hereinafter provided.
2. Prior to submitting such petition for withdrawal to the board of trustees of the regional airport authority, the electors submitting such petition shall obtain from the county clerks of each county which is a member of the authority, and submit to the board of trustees with such petitions, a verification of the validity of the signatures upon such petitions; a verification as to which of such signatures are those of electors qualified in accordance with the provisions of section 34-402, Idaho Code, at the time of the submission of the petition; and a certification as to the total number of qualified electors existing in the county as of the date of the submission of such petition to the clerk.
3. The petitions submitted shall specify the county whose withdrawal from the authority is sought, and shall contain the names, addresses and dates of signing of each of the electors signing such petition, and the following statements: that the persons signing are bona fide residents of a county within the authority and electors qualified under the provisions of section 34-402, Idaho Code; that the persons signing desire to have an election held to determine whether or not the county specified in the petition should withdraw from the regional airport authority; and that the persons signing understand that if such withdrawal should become effective following an election, the taxpayers and property of the county withdrawing would remain liable following such withdrawal for that county’s proportionate share of all bonded, warrant, and other indebtedness incurred by the regional airport authority prior to the time of such withdrawal as determined by the board of trustees in accordance with the provisions herein provided.
4. Upon receiving such petitions and the verifications and certifications from the county clerks of each county which is a member of the authority, the board of trustees shall, at its next regularly scheduled meeting, determine the percentage that the assessed valuation of the county whose withdrawal is petitioned bears to the total assessed valuation figures utilized in the authority’s most recent ad valorem budget certification, and shall forward such petitions, county clerks’ verifications and certifications, and assessed valuation percentage determination to the Idaho transportation department with a request that the Idaho transportation department enter an order directing the board of county commissioners of each county which is a member of the authority to hold an election for the purpose of determining whether or not the withdrawal petitioned for should be approved or disapproved. (5) Upon receipt of such petitions, county clerks’ verifications and certifications, assessed valuation percentage computation, and request from the regional airport authority, the Idaho transportation department shall, within ten (10) days of receipt thereof, enter and forward to the board of county commissioners of each county which is a member of the authority an order directing such boards of county commissioners to conduct an election within their counties, in the manner herein described, to determine whether or not such withdrawal from the regional airport should be approved, and to canvass the returns thereof, and to certify the results of such canvass to the Idaho transportation department and the regional airport authority. Such order shall direct that such election shall be held on the next election held as provided in section 34-106, Idaho Code, following such order; shall specify the amount of the existing regional airport authority indebtedness for which the county will remain liable should withdrawal be approved; and shall order that such information be set forth on the notice of election and ballot to be prepared by the counties.

(6) Upon receipt of such order from the Idaho transportation department, the county commissioners of each county which is a member of the authority shall enter an order directing that an election shall be held on the next election held as provided in section 34-106, Idaho Code, following the order from the Idaho transportation department to determine whether or not the withdrawal from the regional airport authority petitioned for should be approved. Such election shall thereafter be conducted as provided in chapter 14, title 34, Idaho Code, by the county commissioners and notice thereof shall be published in a newspaper of general circulation within the county once not less than twelve (12) days prior to the election, and a second time not less than five (5) days preceding the holding of the election. The notice shall specify that the purpose thereof is to determine whether or not the county specified in the petition should withdraw from the regional airport authority; shall designate the polling places within the county where electors may vote upon such question; shall specify the times during which the polling places will be open; shall specify that persons wishing to vote must possess the qualifications of electors as set forth in section 34-402, Idaho Code; and shall state that if such withdrawal becomes effective, the taxpayers and property of the county whose withdrawal is approved shall remain liable following such withdrawal for the percentage of all bonded, warrant, and other indebtedness of the regional airport authority determined by the board of trustees and certified to the Idaho transportation department as hereinabove provided, existing as of the date of such election. The county commissioners shall arrange for such polling places; appoint the necessary election judges and other personnel required to conduct such election; and shall conduct such election at the time and at the polling places specified in the notice thereof. At its next regularly scheduled meeting following the holding of such election the boards of county commissioners shall canvass and certify the results thereof to the Idaho transportation department and the regional airport authority. All costs and expenses incurred in conducting such election shall be paid by the counties conducting such election.

(7) The ballot used in such election shall indicate the percentage of the existing liability of the authority for which the county taxpayers and property of the withdrawing county shall remain liable if withdrawal from the authority is approved, and the question to be submitted to the voters by such ballot shall be whether or not the county specified should withdraw from the regional airport authority, and shall be followed by a box in which the voter may express his choice, either yes or no, by marking an “X” in the appropriately designated box.

(8) If a majority of the voters voting at such election shall vote in the affirmative for the withdrawal of the county from the regional airport authority, the board of trustees of the regional airport authority at their next regular meeting following certification of such election results to them by the boards of county commissioners, shall determine the total amount of all bonded, warrant, and other indebtedness of the authority existing as of the date of such election, and shall certify the amounts of all such indebtednesses, and to whom owed, to the Idaho transportation department within ten (10) days following such meeting. If the certifications from the boards of county commissioners shall indicate that a majority of the voters voting at such election voted in the negative on the question of whether such counties should withdraw from the authority, the board of trustees need not make such determination or certification to the Idaho transportation department.

(9) If the Idaho transportation department receives a certification from the boards of county commissioners that such election has been held, that the votes thereof have been canvassed, and that a majority of the persons voting at such election have voted in the affirmative to have such county withdraw from the regional airport authority, the Idaho transportation department shall upon receipt of certification from the board of trustees of the regional airport authority of the amount of bonded, warrant, and other indebtedness of the authority existing as of the date of such election, enter and deliver to the board of county commissioners of each county which is a member of the authority and the board of trustees of the regional airport authority an order that the electors having voted in the affirmative for such withdrawal, the county specified is detached from the regional airport authority. Such order shall further itemize the total bonded, warrant, and other indebtedness of the regional airport authority existing as of the date of such election, and shall order that the county detached from the authority is, and shall remain, liable for the percentage of such indebtedness previously determined by the order of the Idaho transportation department ordering such election, and such detached county shall thereafter remain liable to the regional airport authority for the amount determined by applying the percentage so determined to the existing indebtedness so determined.

(10) Notwithstanding the detachment of such county from the regional airport authority, the board of trustees of the regional airport authority shall annually thereafter, until the full amount owing by such detached county is paid, determine and certify annually to the board of county commissioners of such detached county the dollar amount necessary to be raised by an ad valorem tax on all property within the county to pay such detached county’s share of all bonded, warrant, and other indebtedness existing as of the date of the election approving such detachment as herein set forth. The county commissioners of such detached county shall thereafter compute the amount of ad valorem tax necessary to raise the amount so certified and shall levy and collect such tax in the same manner as other ad valorem taxes levied by the county. After such detachment the detached county and the property therein shall not be subject to taxation by the regional airport authority for the future operations of the regional airport authority or for the repayment of any indebtedness incurred by the authority subsequent to the date of the election approving such detachment.

(11) Nothing in this act shall be construed as impairing the validity of any bonds or warrants of the regional airport authority outstanding at the time of the detachment of any county therefrom pursuant to the provisions of this section; nor shall the detachment of any county from the regional airport authority pursuant to the provisions of this section in any way affect the rights of holders of general obligation bonds issued by the regional airport authority at any time when the detached county was a participating member of the regional airport authority.

(12) From and after entry of the order of detachment by the Idaho transportation department the office of trustee of any trustee elected from a legislative district lying wholly within such detached county shall terminate, and the trustee occupying such office shall thereafter have no authority to sit as a member of the board of trustees of the authority. Any trustee elected from a legislative district lying partly within such detached county and partly within other counties remaining within the authority shall retain his office as a member of the board of trustees of the authority, but shall from the date of the entry of the order by the Idaho transportation department ordering such detachment represent only that area in the legislative district from which he was elected which lies within counties remaining in the authority after such detachment. History.

I.C.,§ 21-805B, as added by 1979, ch. 127, § 1, p. 391; am. 1995, ch. 118, § 3, p. 417.

§ 21-806. Election of board of trustees.

At the next succeeding primary election following the creation of any such regional airport authority, the electors of each of the legislative districts within the participating counties within such region shall elect, on a nonpartisan basis, a member of the authority’s permanent board of trustees, hereinafter referred to as the board, except that in the northern and north central regions, one (1) additional board member shall be elected from each such region at large. At the first such election, members elected from even-numbered legislative districts, together with the member elected at large from the northern region and the member elected at large from the north central region, shall be elected for four (4) year terms of office, and members elected from odd-numbered legislative districts shall be elected for two (2) year terms of office. Thereafter all such members shall be elected for four (4) year terms of office, and shall serve until their successors are elected and qualified. The term of office of members so elected shall commence on December 1 of the year in which they were elected.

Notice of the election and the conduct thereof shall be as prescribed in chapter 14, title 34, Idaho Code. As a condition of voting, an elector shall meet the qualifications prescribed in section 34-402, Idaho Code, and in addition shall be a resident of the regional airport authority.

In any election for member of the board, if after the deadline for filing a declaration of intent as a write-in candidate, it appears that only one (1) qualified candidate has been nominated for that office, it shall not be necessary for the candidate to stand for election and the board shall declare such candidate elected as a member of the board and the secretary of the district shall immediately make and deliver to such person a certificate of election.

The person receiving the largest number of votes shall be declared elected. If it be necessary to resolve a tie between two (2) or more persons, the interim board or the permanent board, as the case may be, shall determine by lot which thereof shall be declared elected. The clerk of the board shall promptly notify any person by mail of his election, enclosing a form of oath to be subscribed by him as herein provided.

Elections held pursuant to this section shall coincide with other elections held by the state of Idaho or any subdivision thereof, or any municipality or school district, subject to the provisions of sections 34-106 and 34-1401, Idaho Code.

Elections of board members shall, after the first such election, be held every other year in even-numbered years, and shall be held on such uniform day consistent with the provisions of section 34-106, Idaho Code, as the board shall determine. Vacancies on the board shall be filled by appointment of remaining members, for the expiration of such term of office. The board members shall take and subscribe the oath of office required in the case of state officers and said oath shall be filed with the secretary of state. Members shall be reimbursed for actual and necessary expenses incurred in the performance of their official duties.

History.

1967, ch. 277, § 6, p. 776; am. 1970, ch. 35, § 3, p. 73; am. 1995, ch. 118, § 4, p. 417; am. 2009, ch. 341, § 3, p. 993.

§ 21-807. Powers of board.

The board of any authority established under the provisions of this act shall have power:

1. To sue and be sued;
2. To acquire, hold, and dispose of personal property;
3. To acquire, in the name of the authority by purchase or condemnation, real property or rights or easements therein necessary or convenient for its purposes, and, except as may otherwise be provided herein, to use the same in acquiring property, any such authority may exercise the right of eminent domain as provided in chapter 7, title 7, Idaho Code;
4. To establish rules and regulations for the management and regulation of its affairs, and to make rules and regulations for the use of projects, and the establishment and collection of rentals, fees, and all other charges for services or commodities sold, furnished, or supplied by such authority;
5. To appoint a chairman from the membership of the board, and to appoint officers, agents, and employees and fix their compensation;
6. To make contracts, leases, and all other instruments necessary or convenient to the purposes of the authority;
7. To design, construct, maintain, operate, improve, and reconstruct such projects as shall be necessary and convenient to the maintenance and development of aviation services to and for the region in which such authority is established, including landing fields, heliports, hangars, shops, passenger and freight terminals, control towers, and all facilities necessary or convenient in connection with any such project and also to contract for the construction, operation, or maintenance of any parts thereof, or for services to be performed thereon, and to rent parts thereof and grant concessions thereon; all on such terms and conditions as the authority may determine;
8. To include in such project, subject to zoning restrictions, space and facilities for any or all of the following: public recreation, business, trade or other exhibitions, sporting or athletic events, public meetings, conventions, and all other kinds of assemblages, and in order to obtain additional revenues, space, and facilities for business and commercial purposes. Whenever the board deems it to be in the public interest, the board may lease any such project or any part or parts thereof, or contract for the management and operation thereof or any part or parts thereof. Any such lease or contract may be for such period of years as the board shall determine;
9. To charge fees, rentals, and other charges for the use of projects under the jurisdiction of such board. All fees, rentals, charges, and other revenues derived from any project shall be applied to the payment of operating, administration, and other necessary expenses of the authority properly chargeable to such project and to the payment of the interest on and principal of bonds or for making sinking fund payments therefor. The board may treat one (1) or more projects as a single enterprise in respect of revenues, expenses, the issuance of bonds, maintenance, operation, or other purposes;
10. Subject to and consistent with the percentages of financial participation determined by the board and approved by the electors of the region, as provided in sections 21-804 and 21-805, Idaho Code, or as determined by the board as provided in subsection (14) of this section, to certify annually to the boards of county commissioners of the participating counties in the region the amount of tax to be levied to fund the ad valorem tax portion of the budget for the airport authority’s purposes. The ad valorem tax portion of the budget shall not exceed five hundredths percent (.05%) of market value for assessment purposes of the taxable property in such county, and the boards of county commissioners shall levy and collect the taxes to fund the ad valorem tax portion of the budget so certified at the same time and in the same manner as other county taxes are levied and collected, and the proceeds of such taxes when due and as collected shall be set aside and deposited in the special account or accounts in which other revenues of the authority are deposited; (11) To construct and maintain under, along, over, or across a project, telephone, telegraph, or electric wires and cables, fuel lines, gas mains, water mains, and other mechanical equipment not inconsistent with the appropriate use of such project, to contract for such construction and to lease the right to construct and use the same, or to use the same on such terms for such periods of time and for such consideration as the board shall determine;

(12) To accept grants, loans, or contributions from the United States, the state of Idaho, or any agency or instrumentality of either of them, or from any private group or individual, and to expend the proceeds thereof consistent with the laws of the United States and of the state of Idaho;

(13) To enter on any lands, waters, and premises for the purposes of making surveys, soundings, and examinations; and to do all things necessary or convenient to carry out the powers expressly conferred on such authorities by this act;

(14) To determine the degree of financial participation of each county participating in the regional airport authority after such authority has been established as provided in section 21-805, Idaho Code.

History.

1967, ch. 277, § 7, p. 776; am. 1970, ch. 35, § 4, p. 73; am. 1976, ch. 130, § 1, p. 491; am. 1978, ch. 370, § 1, p. 973; am. 1996, ch. 208, § 18, p. 658.

§ 21-808. Issuance of bonds.

Subject to and consistent with the percentage of financial participation determined by the board and approved by the electors of the region, as provided in sections 21-804 and 21-805, Idaho Code, or as determined by the board as provided in section 21-807(14), Idaho Code, an authority may secure the necessary funds to finance part or all of the cost of acquiring, establishing, constructing, developing, expanding, extending or further improving the regional airport within its limits through the issuance of general obligation bonds as hereinafter provided, the principal amount of which at any one (1) time outstanding, shall not exceed six-tenths percent (.6%) of market value for assessment purposes of all property within the participating counties within the region. Provided further, all such bonds shall be payable within thirty (30) years from the date of issuance.

History.

1967, ch. 277, § 8, p. 776; am. 1970, ch. 35, § 5, p. 73; am. 1978, ch. 369, § 1, p. 972; am. 1980, ch. 350, § 1, p. 887.

§ 21-809. Bond issue — Submission to electors for approval.

No general obligation bonds shall be issued until the question whether the bonds shall be issued is submitted to the qualified electors of the participating counties of the region and approved by a two-thirds (2/3) majority of those voting upon the question. As used in this section, “qualified elector” means a person entitled to vote in a school bond election. The question may be submitted at any general election or at a special election called for such purpose by the board of the authority. Notice of the submission of such proposition at any such election shall be published as provided in section 34-1406, Idaho Code. In all respects, procedures for such elections shall be in the same manner as provided in chapter 14, title 34, Idaho Code. The ballot to be voted at said election shall read substantially as follows:

Shall the .... Airport Authority     YES

be authorized to issue general obligation

bonds in the amount of (fill in the amount)     NO

for the purpose of (state purpose)?

If two-thirds (2/3) of the electors of the region voting upon such proposition vote in favor thereof, such bonds may be issued.

History.

1967, ch. 277, § 9, p. 776; am. 1970, ch. 35, § 6, p. 73; am. 1995, ch. 118, § 5, p. 417.

§ 21-810. Records — Audits — Bonds.

The board shall provide for the proper and safe keeping of its permanent records and for the recording of the action of the authority. It shall keep a true and accurate account of its receipts and an annual audit shall be made of its books, records and accounts, as required in section 67-450B, Idaho Code. All officers and employees authorized to receive or retain the custody of money or to sign vouchers, checks, warrants or evidence of indebtedness binding upon the authority shall furnish surety bond for the faithful performance of their duties and the faithful accounting for all moneys that may come into their hands in an amount to be fixed and in a form to be approved by the board.

History.

1967, ch. 277, § 10, p. 776; am. 1993, ch. 387, § 2, p. 1417.

§ 21-811. Purpose — Exemption from taxation.

It is hereby found, determined, and declared that the creation of a regional airport authority is in all respects for the benefit of the people of the state of Idaho, for the improvement of their welfare and prosperity, and for the promotion of their transportation, and is a public purpose and a matter of statewide concern, and that projects operated by authorities are essential parts of the public transportation system, and that such authorities will be performing essential governmental functions in the exercise of the powers conferred upon them by this act. The state of Idaho declared that authorities shall be required to pay no taxes or assessments upon any of the property acquired by them or under their respective jurisdictions, control, possession, or supervision, or upon the activities of authorities in the operation and maintenance of projects, or upon any charges, fees, revenues, or other income received by authorities except motor vehicle fuel and aviation fuel taxes, and that the bonds and notes of authorities and the income therefrom shall at all times be exempt from taxation.

History.

1967, ch. 277, § 11, p. 776.

§ 21-812. Issuance of revenue bonds.

Regional airport authorities may issue revenue bonds in the same manner and form as under the municipal bond law contained in chapter 10, title 50, Idaho Code; provided that the ordinance required therein shall be by resolution of the board of trustees. For the purpose of this section, the term “city” in the municipal bond law shall include the term “regional airport authority.”

History.

I.C.,§ 21-812, as added by 1976, ch. 128, § 1, p. 487.

§ 21-813. [Reserved.]

A regional airport authority shall be, or may be, dissolved in accordance with the provisions herein provided:

1. If following the withdrawal pursuant to the provisions of section 21-805B, Idaho Code, of any county from a previously organized regional airport authority there shall remain in such authority less than three (3) counties, such regional airport authority shall be dissolved in accordance with the provisions herein set forth in subsection (b) of this section in the same manner as though the election for dissolution therein specified had been held and approved.
2. The board of trustees of any regional airport authority may, at any regularly scheduled meeting, approve by majority vote, the calling of an election within the counties comprising the authority, to determine whether or not the regional airport authority should be dissolved, upon a finding by a majority of the board that there no longer exists any worthwhile reason for the regional airport authority’s continuing in existence.
   1. Upon the determination by majority vote that it desires to call an election to determine whether or not the regional airport authority should be dissolved, the board of trustees of such authority shall further determine the percentage that the assessed valuation of each county within the authority bears to the total assessed valuation of all counties within the authority, based upon the assessed valuation used in the authority’s last certification of dollar amounts to the counties for ad valorem tax purposes, and shall forward to the Idaho transportation department the boards of trustees’ certification that such dissolution election has been called for and the board’s computation of the percentage that the assessed valuation of each county within the authority bears to the total assessed valuation of all counties within the authority.
   2. Upon receiving such certification from the board of trustees of the regional airport authority, the Idaho transportation department shall within ten (10) days from receipt thereof enter an order directing the county commissioners of each of the counties within such regional airport authority to hold an election upon the date of the next election held pursuant to section 34-106, Idaho Code, following such order for the purpose of determining whether or not the regional airport authority should be dissolved. Such order shall specify the percentage that the assessment valuation of each county within the authority bears to the total assessed valuation of all counties within the authority, as determined by the board of trustees, and shall direct that the notice of election and questions to be submitted to the voters shall indicate that if dissolution be approved, each of the counties shall remain liable for such counties’ respective percentage of all bonded, warrant, and other indebtedness existing at the time of dissolution, or thereafter incurred for the purposes of winding up the affairs of the authority.
   3. Upon receipt of such order from the Idaho transportation department, the county commissioners of each county within the regional airport authority shall enter an order directing that an election shall be held within such county on the date specified in such order to determine whether or not the regional airport authority shall be dissolved. Such election shall be conducted in the manner set forth in subsections (6) and (7), section 21-805B, Idaho Code, except that the notice of election and the question submitted to the voters shall specify that the question to be determined is whether or not the regional airport authority should be dissolved, rather than whether or not a specified county should withdraw from the authority.
   4. At the next regularly scheduled meeting following such election, the boards of county commissioners of the respective counties, having held such elections shall canvass and certify the results thereof to the Idaho transportation department and the regional airport authority.
   5. If a majority of all of the voters voting at such elections in all of the counties within the regional airport authority shall vote in the affirmative for the dissolution of the regional airport authority, the board of trustees of the regional airport authority at their next regular meeting following receipt of certification of such election results to them by the respective boards of county commissioners shall determine the total amount of all bonded, warrant, and other indebtedness of the authority existing as of the date of such election, and shall certify the amounts of all such indebtednesses and to whom owed to the Idaho transportation department within ten (10) days following such meeting. If the certification from the county commissioners shall indicate that a majority of the voters in all of the counties voting at such election have voted in the negative on the question of whether the authority should be dissolved, the board of trustees need not make such determination or certification to the Idaho transportation department.
   6. If the Idaho transportation department receives a certification from the county commissioners of each of the respective counties that such election has been held, and the votes thereof canvassed, and it appears from such certifications that a majority of all of the persons voting at such elections within all such counties have voted in the affirmative to have the regional airport authority dissolved, the Idaho transportation department shall upon receipt of certification from the board of trustees of the regional airport authority of the amount of bonded, warrant, and other indebtedness of the authority existing as of the date of such election, enter and deliver to the respective county commissioners of each county within such authority an order that a majority having voted for dissolution of the regional airport authority it is dissolved. Such order shall further itemize the total bonded, warrant, and other indebtedness of the regional airport authority existing as of the date of such dissolution, and shall order that each county within the authority, including any that may still owe a portion of the liability after having previously withdrawn, shall remain liable for the percentage of such indebtedness previously determined by the order of the transportation department and each such county shall thereafter remain liable to the regional airport authority for the amount determined by applying the percentages so determined to the existing indebtedness so determined together with any other necessary expenses which may thereafter be incurred for the purpose of winding up the business of the regional airport authority.
   7. After the entry of such order of dissolution by the Idaho transportation department, the board of trustees of the regional airport authority shall have no right or authority to incur any additional expenses in conducting and carrying on the business of the authority except those necessary to wind up the affairs of the authority. In winding up the affairs of the authority, the board of trustees shall continue to exercise all of the rights and powers granted to them by law to the extent necessary to wind up the authority’s affairs including the right to determine and certify annually to the respective boards of county commissioners of the counties obligated to pay therefor under the order of the Idaho transportation department the dollar amounts necessary to be raised by ad valorem taxes on all property within such counties to pay such counties’ share of all bonded, warrant, and other indebtednesses existing as of the date of the dissolution of such authority, and all necessary expenses incurred thereafter in winding up the affairs of the authority. The county commissioners of each such county shall thereafter compute the amount of ad valorem tax necessary to raise the amount so certified and shall levy and collect such taxes in the same manner as other ad valorem taxes levied by the county.
   8. When all bonded, warrant, and other indebtednesses of the regional airport authority existing as of the date of the dissolution of election have been paid, together with all necessary expenses incurred in winding up the affairs thereof, the board of trustees of the regional airport authority shall refund to the counties having constituted such authority each county’s pro rata share of any money or other assets of the authority which have not been disbursed; such pro rata share to be based upon the same percentage that the counties were required to pay upon the indebtednesses of the regional airport authority in winding up its affairs.
   9. Upon completion of the winding up of the affairs of the regional airport authority, the board of trustees thereof shall certify such fact to the Idaho transportation department; and upon receipt of such certification the Idaho transportation department shall enter and forward to the counties its order that the affairs of the regional airport authority have been wound up; that the board of trustees of the regional airport authority is dissolved; and that all powers of the board of trustees are terminated as of the date of such order.
   10. All dollar certification amounts previously certified to the counties included within the regional airport authority prior to its dissolution which remain uncollected or undisbursed to the regional airport authority at the time of the entry of the order by the Idaho transportation department winding up the affairs of the regional airport authority and terminating its board of trustees shall be retained by such counties and placed in their general fund.
   11. Nothing in this act shall be construed as impairing the validity of any bonds or warrants of the regional airport authority outstanding at the time of the entry of the order of dissolution of the authority by the Idaho transportation department pursuant to the provisions of this section; nor shall the dissolution of the regional airport authority pursuant to the provisions of this section in any way affect the rights of holders of general obligation bonds issued by the regional airport authority prior to the time of the entry of such order of dissolution.

History.

I.C.,§ 21-814, as added by 1979, ch. 128, § 1, p. 395; am. 1995, ch. 118, § 6, p. 417.