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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 - 2005
IN 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 lands not
12 exceeding in area one thousand two hundred eighty (1280) acres either 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 this act chapter
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