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S1127.....................................................by TRANSPORTATION AIRPORTS - Amends existing law to delete the acreage limitation for acquiring lands for airport purposes by counties, highway districts and cities. 02/14 Senate intro - 1st rdg - to printing 02/15 Rpt prt - to Transp 02/23 Rpt out - rec d/p - to 2nd rdg 02/24 2nd rdg - to 3rd rdg 02/28 3rd rdg - PASSED - 34-0-1 AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett, Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis, Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge, Malepeai, Marley, McGee, McKenzie, Pearce, Richardson, Schroeder, Stegner, Stennett, Sweet, Werk, Williams NAYS -- None Absent and excused -- Noble Floor Sponsor - Brandt Title apvd - to House 03/01 House intro - 1st rdg - to Transp 03/11 Rpt out - rec d/p - to 2nd rdg 03/14 2nd rdg - to 3rd rdg 03/17 3rd rdg - PASSED - 65-0-5 AYES -- Anderson, Andrus, Barraclough, Bastian, Bayer, Bedke, Bell, Bilbao, Black, Block, Boe, Bolz, Bradford, Cannon, Chadderdon, Clark, Collins, Crow, Deal, Denney, Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Garrett, Hart, Harwood, Henbest, Henderson, Jaquet, Jones, Kemp, Lake, LeFavour, Loertscher, Martinez, Mathews, McGeachin, McKague, Miller, Mitchell, Moyle, Nielsen, Nonini, Pasley-Stuart, Pence, Ring, Ringo, Roberts, Rusche, Rydalch, Sali, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills NAYS -- None Absent and excused -- Barrett, Raybould, Smith(30), Wood, Mr. Speaker Floor Sponsor - Hart Title apvd - to Senate 03/18 To enrol 03/21 Rpt enrol - Pres signed 03/22 Sp signed 03/23 To Governor 03/29 Governor signed Session Law Chapter 203 Effective: 07/01/05
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature First Regular Session - 2005IN THE SENATE SENATE BILL NO. 1127 BY TRANSPORTATION COMMITTEE 1 AN ACT 2 RELATING TO AIRPORT FACILITIES; AMENDING SECTION 21-401, IDAHO CODE, TO DELETE 3 THE ACREAGE LIMITATION FOR ACQUIRING LANDS FOR AIRPORT PURPOSES BY COUN- 4 TIES, HIGHWAY DISTRICTS AND CITIES AND TO MAKE A TECHNICAL CORRECTION. 5 Be It Enacted by the Legislature of the State of Idaho: 6 SECTION 1. That Section 21-401, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 21-401. AUTHORITY TO PROVIDE FACILITIES -- EXPENSE -- ISSUANCE OF BONDS 9 -- DUTIES OF COMMISSIONERS AND COUNCILMEN -- RESTRICTION ON LEASE OF FACILI- 10 TIES. Counties, highway districts and cities are hereby authorized to acquire 11 by purchase, lease, condemnation, or otherwise, take over and hold landsnot12exceeding in area one thousand two hundred eighty (1280) acreseither wholly 13 or partly within or without the boundaries or corporate limits of such coun- 14 ties, highway districts or cities, or wholly or partly within or without the 15 state of Idaho, for the purpose of constructing and maintaining aviation 16 fields, airports, hangars and other air navigation facilities; to provide 17 equipment necessary or incidental to the maintenance and operation of such 18 aviation fields or airports; to maintain, operate and manage such aviation 19 fields, airports and grounds and prescribe rules and regulations for the main- 20 tenance, operation and management thereof, and fix fees and rentals to be 21 charged for the use of the same or any part thereof; to survey, plat, map, 22 grade, ornament and otherwise improve such lands and all appurtenances 23 thereto, whether owned and operated or owned or leased by such counties, high- 24 way districts or cities, and all approaches and avenues leading to or adjacent 25 thereto; to lease for aviation purposes or for any purposes connected there- 26 with and incidental thereto and for such commercial purposes as the governing 27 bodies of such counties, highway districts and cities may determine upon all 28 or any part of the land or lands so required, under such regulations and upon 29 such terms and conditions as shall be established by such governing bodies, 30 and not subject to the limitation as to length of term prescribed in section 31 31-836, Idaho Code; to construct, operate and maintain hangars, buildings and 32 equipment necessary or convenient to the maintenance and operation of aviation 33 fields or airports. 34 Counties, highway districts and cities are hereby empowered to provide for 35 all costs and expenses necessary or incident to the exercise of the foregoing 36 powers or the attainment of the foregoing objects or any of them, out of the 37 general funds or out of any of the funds made available for such purposes, of 38 such counties, highway districts and cities, or to issue bonds pursuant to law 39 for the payment of any or all of such costs and expenses except for the main- 40 tenance and operation of such aviation fields or airports; provided, that no 41 bonds shall be issued for the purposes aforesaid unless and until authorized 42 by a vote of two-thirds (2/3) of the qualified electors of the county, highway 43 district or municipality, voting at such election held subject to the provi- 2 1 sions of section 34-106, Idaho Code. Nothing contained in thisactchapter 2 shall be construed to increase the maximum of any tax levies for counties, 3 highway districts or cities. 4 The boards of county commissioners of their respective counties, the high- 5 way commissioners of their respective highway districts and the councilmen of 6 their respective cities, shall have jurisdiction and power under such limita- 7 tions and restrictions as are prescribed by law to carry into full force and 8 effect all of the provisions of this law. 9 Such aviation fields or airports shall in no case be leased to any person, 10 association or corporation under such terms or conditions as to give such per- 11 son, association or corporation, the exclusive right to the use of such avia- 12 tion fields or airports.
STATEMENT OF PURPOSE RS 14903 The authority granted in this code section was established by the Legislature in 1929, wherein the acreage limitation was six hundred forty (640) acres. In 1937, the Legislature amended the code to increase the acreage limitation to one thousand two hundred eighty (1,280) acres, where it has remained since. Currently, the Boise Airport is composed of five thousand two hundred (5,200) acres, including the Air National Guard facility, the Pocatello Airport has three thousand two hundred fifteen (3,215) acres, the Twin Falls Airport has approximately one thousand five hundred (1,500) acres, the Idaho Falls Airport has one thousand two hundred (1,200) acres, and the Lewiston Airport has nine hundred fifty (950) acres. In addition, an effort is currently underway to locate and construct a new airport to service the Sun Valley region. Recent reports indicate that private donations of land for this effort will exceed one thousand (1,000) acres. This proposed legislation is needed to eliminate the acreage limit imposed in this statute, recognizing the current size of airports in Idaho. In addition, the amendment is necessary to respond to population growth in Idaho and its impact on the services provided by airports in Idaho. FISCAL IMPACT This legislation will have no fiscal impact on the state general fund. Contact Name: Senator Skip Brandt Phone: (208) 332-1000 Name: Elizabeth Criner Phone: (208) 385-7070 Name: Rich Stover Phone: (208)384-3870 STATEMENT OF PURPOSE/FISCAL NOTE S 1127