2005 Legislation
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SENATE BILL NO. 1127 – Airports, acquire land, limits

SENATE BILL NO. 1127

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Bill Status



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

Bill Text


                                                                        
                                                                        
  ]]]]              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 / Fiscal Impact





                             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