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:
(a) 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.
(b) 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.
[21-805, added 1967, ch. 277, sec. 5, p. 776; am. 1970, ch. 35, sec. 1, p. 73; am. 1974, ch. 12, sec. 113, p. 61; am. 1995, ch. 118, sec. 2, p. 419; am. 2009, ch. 341, sec. 2, p. 993.]