T21CH8

Title 21 > T21CH8

Sections (15)

21-801

TITLE 21 AERONAUTICS CHAPTER 8 REGIONAL AIRPORTS 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: [21-801, added 1967, ch. 277, sec. 1, p. 776.]

21-802

TITLE 21 AERONAUTICS CHAPTER 8 REGIONAL AIRPORTS 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: [21-802, added 1967, ch. 277, sec. 2, p. 776.]

21-803

TITLE 21 AERONAUTICS CHAPTER 8 REGIONAL AIRPORTS 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: [21-803, added 1967, ch. 277, sec. 3, p. 776; am. 1974, ch. 12, sec. 111, p. 61; am. 1976, ch. 220, sec. 1, p. 793.]

21-804

TITLE 21 AERONAUTICS CHAPTER 8 REGIONAL AIRPORTS 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: [21-804, added 1967, ch. 277, sec. 4, p. 776; am. 1974, ch. 12, sec. 112, p. 61.]

21-805

TITLE 21 AERONAUTICS CHAPTER 8 REGIONAL AIRPORTS 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

21-805A

TITLE 21 AERONAUTICS CHAPTER 8 REGIONAL AIRPORTS 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., sec. 21-805A, as added by 1970, ch. 35, sec. 2, p. 73; am. 1974, ch. 12, sec. 114, p. 61.]

21-805B

TITLE 21 AERONAUTICS CHAPTER 8 REGIONAL AIRPORTS 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 bea

21-806

TITLE 21 AERONAUTICS CHAPTER 8 REGIONAL AIRPORTS 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 ta

21-807

TITLE 21 AERONAUTICS CHAPTER 8 REGIONAL AIRPORTS 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

21-808

TITLE 21 AERONAUTICS CHAPTER 8 REGIONAL AIRPORTS 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: [21-808, added 1967, ch. 277, sec. 8, p. 776; am. 1970, ch. 35, sec. 5, p. 73; am. 1978, ch. 369, sec. 1, p. 972; am. 1980, ch. 350, sec. 1, p. 887.]

21-809

TITLE 21 AERONAUTICS CHAPTER 8 REGIONAL AIRPORTS 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 be authorized to issue general obligation bonds in the amount of (fill in the amount) 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: [21-809, added 1967, ch. 277, sec. 9, p. 776; am. 1970, ch. 35, sec. 6, p. 73; am. 1995, ch. 118, sec. 5, p. 425.]

21-810

TITLE 21 AERONAUTICS CHAPTER 8 REGIONAL AIRPORTS 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: [21-810, added 1967, ch. 277, sec. 10, p. 776; am. 1993, ch. 387, sec. 2, p. 1419.]

21-811

TITLE 21 AERONAUTICS CHAPTER 8 REGIONAL AIRPORTS 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: [21-811, added 1967, ch. 277, sec. 11, p. 776.]

21-812

TITLE 21 AERONAUTICS CHAPTER 8 REGIONAL AIRPORTS 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: [21-812, added 1976, ch. 128, sec. 1, p. 487.]

21-814

TITLE 21 AERONAUTICS CHAPTER 8 REGIONAL AIRPORTS 21-814. Dissolution of authority. A regional airport authority shall be, or may be, dissolved in accordance with the provisions herein provided: (a) 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. (b) 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 thereaft