Changes to Existing Law

Terms as used in this title mean: (1)"Aeronautical information manual," the official guide to aviation and flight activity in the United States, including airspace, air traffic control procedures, and other procedures related to flight safety as published by the Federal Aviation Administration; (2)"Aeronautics," the science, art, and physics of flight. The term also means the method9 or act of construction, repair, or maintenance of airports, airport facilities, aircraft, and aviation facilities; (3)"Air traffic," aircraft operating in the air or on an airport surface other than a loading ramp and parking area; (4)(2)"Air traffic control," a service operated by an authority under FAA Federal Aviation 100 copies were printed on recycled paper by the South DakotaLegislative Research Council at a cost of $.167 per page.v Insertions into existing statutes are indicated by underscores.Deletions from existing statutes are indicated by overstrikes. - 2 -HB 1071 Administration oversight to promote the safe, orderly, and expeditious flow of air1 traffic in the United States; (5)(3)"Aircraft," a device that is used, intended to be used, or designed for flight in the air. The term includes any airplane, balloon, civil aircraft, drone, glider, helicopter, and4 public aircraft; (6)"Airplane," an engine-driven fixed-wing aircraft, heavier than air, that is supported in flight by the dynamic reaction of the air against the aircraft's wings; (4)"Aircraft dealer," any person, manufacturer, or distributor engaged in the business of buying, selling, exchanging, or acting as a broker for three or more aircraft in any twelve consecutive months, other than a business liquidation of used aircraft; (7)(5)"Airport," any area of land or water used, or intended to be used, for landing and11 take-off of aircraft, and any appurtenant area, structure, facility, or right of way to12 facilitate that use. The term includes any military airport, private airport, public13 airport, and temporary airport; (8)"Anemometer," an instrument for measuring and recording the speed of the wind for purposes of documenting whether a site has wind resources sufficient for the operation of a wind turbine generator; (6)"Airport authority," any regional airport authority created under this chapter; (7)"Airport facility," any structure, mechanism, light, beacon, marker, communicating system, or other instrumentality or device used as an aid to the safe taking off and landing of aircraft, or the safe and efficient operation or maintenance of an airport, and which is not owned or operated by the federal government; (8)"Airport hazard," any existing or potential condition that can endanger the life or property of a user of an airport or any occupant of land in the vicinity of an airport,24 - 3 -HB 1071 and which can lead to damage to or loss of airport system equipment or property or the environment; (9)"Airport obstruction," any structure or obstacle, or use of land, that obstructs an aerial approach of an airport or is otherwise hazardous to the use of an airport by aircraft for landing or taking off; (10)"Airport sponsor," a public agency, private owner, state entity, or other political subdivision that is associated with a public use airport facility and is a recipient of any federal airport improvement grant; (9)(11)"Anemometer tower," a structure, including any guy wire or accessory facility, on which an anemometer is mounted; (10)"Aviation," the act, science, or practice of flight or transportation by aircraft; (11)(12)"Aviation facility," any airport facility that supports aviation activities, including any airport, heliport, and navigational aid; (12)(13)"Balloon," an aircraft that is not engine-driven, is lighter than air, and sustains14 flight through the use of gas buoyancy or an airborne heater; (13)(14)"Civil aircraft," any aircraft other than a public aircraft; (15)"Commercial purpose," an aviation activity for profit that includes flight instruction, charter, air taxi, or rental, but does not include the substitution of a commercial use stamp for regular aircraft registration for the promotion of a business or other purpose that does not involve aviation; (14)(16)"Commission," the South Dakota Aeronautics Commission; (15)(17)"Controlled airspace," any airspace of specific and defined classifications and22 dimensions inside of which air traffic control services are provided; (16)(18)"Department," the South Dakota Department of Transportation;24 - 4 -HB 1071 (17)(19)"Drone," a small unmanned aircraft system; (18)"Federal Aviation Administration," the federal authority regulating any aspect of civil aviation in the United States, including air traffic management, construction and operation of any airport, and the certification of pilots, aviation personnel, and aircraft; (19)"Federal aviation regulations," the rules promulgated by the Federal Aviation Administration governing any aviation activity in the United States; (20)"Glider," an aircraft that is heavier than air, supported in flight by the dynamic reaction of the air against its lifting surfaces, and the flight of which does not depend principally on an engine; (21)"Helicopter," a type of aircraft that derives both lift and propulsion from one or more sets of horizontally revolving overhead rotors, is capable of moving vertically and horizontally, and for which the direction of motion is controlled by the pitch of the rotor blades; (22)(20)"Heliport," an area of land, water, or a structural surface, used or intended for15 use as a landing and take-off area for helicopters. The term includes both16 public and private heliports; (23)(21)"Military airport," any military air base, air station, airfield, or other area, publicly or privately owned, that is designed, set aside, and operated by the19 state, a political subdivision of the state, or the United States, for civil or20 national defense, or for any federal program relating to flight, or for the21 operation of military aircraft, and used in the interest of the public for those22 purposes; (24)(22)"Navigational aid," any device external to an aircraft specifically intended to24 - 5 -HB 1071 assist a pilot in determining the aircraft's position and safe course; (23)"Place of business," a permanent enclosed structure at which a permanent business of bartering, trading, or selling aircraft is carried out in good faith. The term does not include any residence, tent, stand, or any other temporary structure; (25)(24)"Prescribed adjusted height," a height adjusted upward seventeen feet for an5 interstate highway, fifteen feet for any other public road, ten feet or the height6 of the highest mobile object that would normally traverse the road, whichever7 is greater, for a private road, and twenty-three feet for a railroad; (26)(25)"Private airport," any privately owned airport that is available for use only by9 the owner and the owner's invitees; (26)"Project," any airport operated by an authority, including any real and personal property, structure, machinery, equipment, or appurtenance or facility that is part of the airport or used in connection with the airport either as a ground facility for the convenience of handling aviation equipment, passengers, or freight, or as part of any aviation or air safety operation; (27)"Public aircraft," any aircraft, including military aircraft, used exclusively in the16 governmental service of any state or territory of the United States; (28)"Public airport," any airport, whether publicly or privately owned, that is available18 to the public for aviation activity; (29)"Structure" any object constructed by human action; (30)"Small unmanned aircraft system" or "sUAS," any unmanned aircraft and its21 associated elements that is operated without the possibility of direct human22 intervention from within or on the aircraft, and that weighs not more than fifty-five23 pounds, including anything that is onboard or otherwise attached to the aircraft;24 - 6 -HB 1071 (31)(30)"Temporary airport," any airport established and set aside for the operation of1 aircraft for transitory or impermanent purposes; (32)"Uncontrolled airspace," any portion of airspace in the United States that has not been designated as controlled airspace.

The governing body of any political subdivision adopting airport zoning12 regulations under this chapter may delegate the duty of administering and enforcing the13 regulations to any administrative agency under its jurisdiction. However, the The administrative14 agency may not be or include any member of the board of appeals. The duties of the administrative agency shall include that of hearing and deciding all permits under § 50-10-10. However, the The agency may not have or exercise any of the powers delegated to the board of17 appeals.

Airport zoning regulations adopted under this chapter shall provide for the appointment of a board of appeals to have and exercise the following powers: (1)To hear Hear and decide appeals from any order, requirement, decision, or22 determination made by the administrative agency in the enforcement of this chapter23 or of any ordinance adopted pursuant thereto under this chapter; and24 - 17 -HB 1071 (2)To hear Hear and decide special exceptions to the terms of the ordinance upon which1 such the board may be required to pass under such the ordinance; (3)To hear and decide specific variances under § 50-10-11. Where If a zoning board of appeals or adjustment already exist exists, it may be appointed4 as the board of appeals. Otherwise, the The board of appeals shall consist of five members, each5 to be appointed for a term of three years and to be removable for cause by the appointing6 authority upon written charges and after public hearing.

It is hereby found that an airport hazard endangers the lives and property of users of the airport and of occupants of land in its vicinity, and also, if of the obstruction type, in effect reduces the size of the area available for the landing, taking off and maneuvering of aircraft, thus tending to destroy or impair the utility of the airport and the public investment therein. It is hereby declared: (1)That the The creation or establishment of an airport hazard is a public nuisance and14 an injury to the community or the United States served by the airport in question; and (2)That it is therefore necessary in the interest of the public health, public safety, and general welfare that the creation or establishment of airport hazards and shall be17 prevented in accordance with this chapter.

Each municipality, county, or other political subdivision airport sponsor that is a municipality, county, or political subdivision of the state that has an airport layout plan, shall21 take measures for the protection of airport approaches, and shall adopt, administer, and enforce, under the police power and in the manner and upon the conditions prescribed by this chapter, airport zoning regulations applicable to the area.24 - 16 -HB 1071

The regulations required by § 50-10-5 shall divide the area airport layout into2 zones, and, within the zones each zone, specify the land uses permitted, regulate and restrict the3 height to which structures and trees may be erected or allowed to grow, prohibit the obstruction, by lights, smoke, electronic devices, or any other means, of the safe operation of aircraft near5 airports, and impose such other restrictions and requirements as may be necessary to effectuate the layout plan for for the protection of the airport. The existing and ultimate runway protection7 zone as depicted on the airport layout plan shall be zoned to exclude homes and structures which that constitute a concentration of people unless otherwise approved by the Federal Aviation Administration.

In addition to all other registration fees paid to the Department of Transportation department, an additional original registration tax of four percent, based upon the purchase price17 of the aircraft, shall be paid to the Department of Transportation in conjunction department, along with the application for the original registration of an aircraft. However, for the For an initial registration of aircraft manufactured and used exclusively for agricultural spraying, crop dusting, seeding, fertilizing, or defoliating purposes, the registration tax under this section is21 three percent. Aircraft subject to the tax imposed by this chapter are exempt from taxes imposed by23 chapters 10-45 and 10-46. Aircraft used under a use stamp or dealer certificate, or engaged in24 - 18 -HB 1071 regularly scheduled flying consisting of an act of interstate or foreign commerce, are exempt1 from the taxes imposed by chapters 10-45 and 10-46. Failure to pay the registration tax under this section within thirty days after an aircraft is3 operated in this state is a Class 2 misdemeanor. In addition, failure Failure to pay the registration4 tax within ninety days of the due date shall result in a civil penalty of one-half percent of the tax5 due for each month, or portion of the month, until the tax is paid in accordance with this chapter, not to exceed five percent of the tax due. A civil penalty imposed under this section shall be deposited into the aeronautics trust fund.

The Department of Transportation department shall inform the Department of10 Revenue of the amount of credit granted pursuant to under § 50-11-19.3 on a quarterly basis. The Department of Revenue shall transfer to the Department of Transportation department, for12 deposit into the aeronautics fund, the amount of credit granted pursuant to under § 50-11-19.3. Transfers to the aeronautics fund shall be made on a quarterly basis.

If an aircraft registered in accordance with §§ 50-11-8 to 50-11-21, inclusive, under this chapter is sold or transferred, the person in whose name the aircraft is registered shall17 complete and sign the endorsement on the back of the certificate of registration as prescribed18 by the department and shall, within seven working days, forward to the department by mail a19 notice of the sale or transfer including the date and place thereof of the sale or transfer, and the20 name and address of the purchaser or transferee. Failure to make the change of registration within the time required by A violation of this section is a Class 2 misdemeanor. A person who22 knowingly makes a false statement of a material fact in the certificate of registration is guilty23 of a Class 5 felony.24 - 19 -HB 1071

The purchaser or transferee described by under § 50-11-22 shall, within thirty sixty days, apply to the department for the transfer of the registration of the aircraft to the3 purchaser's or transferee's name and the issuance of a new certificate of registration. Failure to change registration within the time required by A violation of this section is a Class misdemeanor. A person who knowingly makes a false statement of a material fact in the6 application is guilty of a Class 5 felony. The endorsed certificate of registration is void thirty sixty days after the date of the sale or8 transfer of such the aircraft.

The provisions of §§ 50-11-8 to 50-11-24, inclusive, do This chapter does not11 apply to an any aircraft and airmen person operating such an aircraft, which that is owned by, and or used exclusively in the service of, any government or any political subdivision thereof, including the government of the United States, any state or political subdivision of the state, territory, or possession of the United States, or the District of Columbia which, and that is not15 engaged in carrying persons or property for commercial purposes.

The provisions of §§ 50-11-8 to 50-11-24, inclusive, do This chapter does not18 apply to military aircraft and personnel of the United States government, or any aircraft and19 personnel licensed by a foreign country with which the United States has reciprocal relations, if the aircraft and personnel are not engaged in any intrastate commercial activity within this21 state.

Any aircraft of any resident of another state, and any nonresident airmen person,24 - 20 -HB 1071 having complied with the registration requirements of that state, may be operated or operate1 within this state for a period of not more than ninety days in any one year without complying2 with §§ 50-11-8 to 50-11-24, inclusive, this chapter if the aircraft or airmen person is not3 engaged in any intrastate commercial activity within this state, and that under the laws of the4 state of such persons' the person's residence, like exemptions and privileges are granted to5 aircraft owned by residents of this state and resident airmen persons of this state duly registered6 under the laws of this state. A nonresident within the meaning of the provisions of said sections under this section is a person who has not resided within this state for a period of ninety days. Failure to register after ninety days is a Class 1 misdemeanor.

The provisions of §§ 50-11-8 to 50-11-24, inclusive, do This chapter does not11 apply to any aircraft, and airmen or person operating an aircraft, which is engaged in regularly12 scheduled flying constituting an act of interstate or foreign commerce.

The provisions of §§ 50-11-8 to 50-11-24, inclusive, do This chapter does not15 apply to an individual any person operating model aircraft, balloons, gliders, or sUAS.

It is A person is guilty of a Class 5 felony for a if the person to alter or forge, or cause alters, forges, or causes to be altered or forged, a certificate of registration or permit issued19 under the authority of §§ 50-11-8 to 50-11-31, inclusive this chapter, or an assignment or20 endorsement thereof of a certificate of registration or permit, or to hold or use such a certificate, assignment, or endorsement knowing it has been altered or forged.

For aircraft leased under an agreement of for thirty-six calendar months or less,24 - 21 -HB 1071 the original registration tax of four percent, as required under § 50-11-19, applies only to the1 scheduled lease payments, excluding fuel, routine maintenance, insurance, and crew, made in money or otherwise and shall be paid by the lessee at the time payments are made to the lessor. For aircraft leased for more than thirty-six calendar months, either by multiple short-term4 agreements or a long-term agreement, the original registration tax under § 50-11-19 shall be5 assessed on the market value of the aircraft at the time registration is due as stated in the aircraft6 bluebook and price digest. This The original registration tax is the responsibility of shall be paid by the owner of the aircraft. A copy of the lease agreement shall be provided to the director department with the application for registration. If the lessee purchases the aircraft during the9 time period of the lease, all moneys any amount paid to the Department of Transportation department for registration taxes under this chapter shall be credited to taxes required in under § 50-11-19. Although the payment of taxes is based on the lease payments, the The annual12 registration fee provided for in required under §§ 50-11-12 to and 50-11-14, inclusive, apply applies for each aircraft under lease.

The owner or lessee of an aircraft to be operated within this state shall, except as9 otherwise expressly provided, file with the department on a form furnished by the department, an application for registration of the aircraft. A person who fails to register an aircraft within11 thirty days after it is operated in this state is guilty of a Class 2 misdemeanor. A person who12 knowingly makes a false statement of a material fact in the application is guilty of a Class felony. This section does not apply to any sUAS.

The aircraft dealer's license as provided by § 50-12-3 expires on the thirty-first22 day of January of the second year next succeeding the calendar year in which it was issued. The23 aircraft dealer's certificate as provided by § 50-12-6 and commercial use stamps as provided by24 - 23 -HB 1071 § 50-12-8 expire twenty-four months after they are issued provided, if a valid dealer's license1 is in effect. The aircraft dealer's certificate and commercial use stamp expire expires automatically if the aircraft dealer's license expires as provided for pursuant to this section or3 the aircraft dealer no longer holds a valid aircraft dealer's license.

24 - 22 -HB 1071 50-12-5. The A dealer's certificate issued under the authority of this chapter may be used1 only by a licensed aircraft dealer for aircraft owned or controlled by the dealer for the purposes2 of sale, resale, or flight instruction without charge which is required to ensure proper check-out time to a purchaser or the purchaser's pilot in the aircraft sold to the purchaser. The use of the. Use of a certificate for any other purpose other than as permitted under this section is a Class5 2 misdemeanor.

Upon the sale of any aircraft bearing an aircraft dealer's certificate, the dealer shall8 comply with §§ 50-11-22 and 50-11-23. If possession of such an aircraft is transferred to the a new owner, the dealer shall forthwith deliver the aircraft dealer's certificate and aircraft dealer sales affidavit to the department. The department shall hold the certificate until an application11 is received from the dealer for transfer to another aircraft. Any person who makes a false12 statement of a material fact on the a sales affidavit under this section is guilty of a Class misdemeanor. Failure to report aircraft purchases and sales as required under this chapter is14 punishable by a civil penalty equal to the annual registration fee as provided in § 50-11-12. A civil penalty imposed under this section shall be deposited into the aeronautics trust fund.

Any aircraft which has been subject to registration under an aircraft dealer's18 certificate and a commercial use stamp for a period exceeding twenty-four months shall be19 registered in compliance accordance with §§ 50-11-12 and 50-11-19.

The Aeronautics Commission commission consists of seven persons appointed by6 the Governor, who shall each receive the per diem set by § 4-7-10.4 for the time actually spent7 in the performance of their official duties, together with traveling expenses set by rule of the8 Board of Finance. At least four members of the commission shall be or have been actively9 engaged in and have had at least one year of practical experience in civil or military aeronautics. The terms term of members begin each member begins on October thirty-first of the11 calendar year in which the Governor appoints the member, unless otherwise designated by the12 Governor. The appointee's member's term is for three years and expires on October thirtieth in13 the third year of the member's appointment. Any member's term ending June 30, 2013, or thereafter is extended to October thirtieth in the year the term is to expire.

The commission shall approve the expenditure and disbursement of moneys grants or funds appropriated and available for matching purposes, and for the construction, development, operation, marking, and maintenance of airports, and airport facilities.

The rules promulgated by the commission under the authority of § 50-2-2.1, shall be as shall promulgate rules in accordance with chapter 1-26 that are consistent as possible with23 federal law and regulations governing aeronautics.24 - 7 -HB 1071

The commission, when its state aircraft are not being used in the conduct of the2 necessary activities of the Department of Transportation department, may operate the aircraft3 for other departments of the state government of South Dakota this state. The rate of4 reimbursement to the department shall be set by the Board of Finance, to fully defray the cost5 and expenses of rendering the service under this section.

The department shall assist in the development of aviation and aviation facilities8 within the this state for the purpose of safeguarding the interests of those engaged in all phases of the industry and of the general public, and promoting aeronautics.

The state aeronautics fund and the accumulations to the fund as appropriated by17 the Legislature may be used for the following purposes: (1)The construction, development, lighting, marking, and maintenance of publicly owned public airports; (2)The lighting, marking, and maintenance of runways, taxiways, and parking areas of21 privately owned and operated public airports licensed by the commission, in22 proportion to the amount of the aircraft fuel tax paid on the aircraft fuel purchased23 for resale for use in aircraft at each privately owned and operated public airport, as24 - 10 -HB 1071 nearly as practicable, as to each airport it appears to the satisfaction of the1 commission that the airport is deems to be operated and maintained in accordance2 with the laws of this state, the rules of the commission, and the standard standards established for the airport by any agency of the United States, and provided that the4 unrestricted use of the airport, is at all times available to the general public for the5 taking off and landing of aircraft; (3)The matching of any funds made available by the United States, this state, or any of7 the political subdivisions of this state for the purchase of sites for airports, and for the8 construction, lighting, and marking development, and maintenance of such the airports, in amounts as the commission may determine; and10 (4)The paying of salaries, office expenses, traveling, and other expenses of the commission and the department staff to carry out the responsibilities defined in12 chapter 50-2.

The commission department shall make an allocation of a portion of the aircraft15 fuel tax collected pursuant to under §§ 10-47B-1 and 10-47B-4, to each eligible airport. The allocation rate shall be determined by the commission. The monthly allocation shall be17 determined by the department from the monthly reports required by § 50-4-12, and be based as18 nearly as practicable upon the amount of aircraft fuel tax collected on retail sales of aircraft fuel19 sold at each eligible airport for use in general aviation aircraft. The amount of aircraft fuel tax20 collected on aircraft fuel sales to regular airlines airport sponsors shall be allocated separately21 by the department. All Any remaining aircraft fuel tax collected pursuant to under §§ 10-47B- and 10-47B-4, shall be placed in the aeronautics fund and be used by the commission as23 provided in § 50-4-14.24 - 11 -HB 1071

The department may, on behalf of and in the name of the state, out of appropriations12 and other moneys funds or grants made available for such purposes, construct, improve, maintain, mark, and operate airports and other aviation facilities either within or without this state, and to financially assist financially counties, municipalities, and organized townships any county, municipality, or organized township in constructing, improving, maintaining, marking, and operating airports and other aviation facilities within or without the state. For such purposes the. The department may exercise all of the powers and any power or authority conferred upon18 municipal corporations by under this title.

The department may cooperate with the government any agency or department of21 the United States, and any agency or department thereof, in the acquisition, construction, improvement, maintenance, and operation of airports and other aviation facilities in this state.

24 - 8 -HB 1071 50-4-4. The department may accept and receive federal moneys grants and other moneys funds, either public or private, for and on behalf of the state, counties, or municipalities, any county, or any municipality, for the acquisition, construction, improvement, maintenance, and3 operation of airports and other aviation facilities, whether the work is to be done by the state, counties, or municipalities a county, or a municipality, or jointly, aided by grants of aid from5 the United States.

The department shall act as an agent of any county or municipality airport sponsor of this state upon the request of the county or municipality airport sponsor, in accepting, receiving and receipting for any moneys grants or funds for airports or other aviation purposes, and in contracting for the acquisition, construction, improvement, maintenance, or operation of11 airports or other aviation facilities, financed either in whole or in part by federal moneys grants. The governing body of the county or municipality airport sponsor shall designate the department13 as its agent for such purposes of this section and to enter into an agreement with the department14 prescribing the terms and conditions of the agency.

Any moneys grant paid by the United States government under the provisions of § 50-4-4 or 50-4-5 shall be retained by the state or paid over to the county or municipality appropriated to the airport sponsor under the terms and conditions imposed by the United States19 government in making the grants grant.

All contracts Any contract for the acquisition, construction, improvement, maintenance, and operation of airports, or other or aviation facilities made by the department, either as the agent of this state or as the agent of any county or municipality airport sponsor,24 - 9 -HB 1071 shall be made pursuant to in accordance with the laws of this state governing the making of like contracts.

All moneys grants or funds accepted for disbursement by the department pursuant to under §§ 50-4-3 to 50-4-7, inclusive, shall be deposited in the state treasury, and, unless5 otherwise prescribed by the authority from which the money is grants or funds are received, kept6 in separate funds, designated according to the purposes for which the moneys grants or funds were made available, and held by the state in trust for such those purposes. All such moneys grants or funds are hereby continuously appropriated for the purposes for which the same were grants or funds are made available, to be expended in accordance with those sections. The10 department may, whether acting for this state or as the agent of any of its counties or municipalities airport sponsor, or if requested by the any department or agency of the United12 States government or any agency or department thereof, disburse the moneys grants or funds for13 the their designated purposes, but this does not preclude any other authorized method of disbursement.

Any owner or operator of a public airport shall apply to the commission for approval2 for the public airport prior to its use. Any owner or operator of a private airport located within3 two six miles of the nearest boundary of any approved public airport shall apply to the4 commission for approval for the private airport prior to its use. The commission shall consider and either approve or reject an application within sixty days of receipt of the completed6 application. A person is guilty of a Class 2 misdemeanor if the person uses or operates a public airport or a private airport located within six miles of the nearest boundary of an approved public airport without the approval of the commission.

The commission or the commission's agent may inspect and examine at reasonable12 hours, to carry out the provisions of this title, any the premises, and the buildings, and other13 structures thereon, where the airports or other aviation facilities are operated.

For the purposes of this chapter, the term, municipalities, includes organized16 townships and organized counties and like, with any power and authority is hereby to be conferred upon organized townships and organized counties as now exists in is conferred upon municipalities. For the purposes of this chapter, the term, governmental agency, means any municipality, county, public corporation, or other public agency.

The governing body of any governmental agency airport sponsor shall designate16 the department as the body's airport sponsor's agent to accept, receive, and receipt for federal17 moneys grants in the body's behalf for airport purposes, and to contract for the acquisition planning, construction, enlargement, improvement, and maintenance, equipment, or operation of airports, or other of aviation facilities. The governmental agency airport sponsor may enter20 into an agreement with the department prescribing the terms and conditions of the agency under this section. The federal moneys grants shall be paid to the municipality or county airport sponsor under such the terms and conditions as may be imposed by the United States23 government in making the grant.24 - 13 -HB 1071

Any contract for the acquisition planning, construction, enlargement, improvement, and maintenance, equipment, or operation of any airport or of any other aviation facility, made3 by the governmental agency itself airport sponsor, or through the agency of the department, shall4 be made pursuant to in accordance with the laws of this state governing the making of like contracts.

The governmental agency airport sponsor that has established an airport and8 acquired, leased, or set apart real property for such purpose purposes of an airport may plan, construct, improve, equip, and maintain, and operate the same airport, and may lease or sublet10 the property for airport purposes. The expenses of the planning, construction, improvement, equipment, and maintenance, and operation shall be a municipality or county charge as the case may be charged to the appropriate airport sponsor.

The governmental agency airport sponsor that has established an airport and15 acquired, leased, or set apart real property for such purpose purposes of an airport may vest16 jurisdiction for the planning, construction, improvement, equipment, maintenance, and17 operation of the airport, in any suitable officer, board, or body of the governmental agency airport sponsor. The governmental agency airport sponsor, if a county or municipality, may19 create by ordinance a board whose sole purpose shall be to improve, regulate, and supervise the20 operation and management of air airport facilities.

This state or any governmental agency of this state having any powers with respect22 to planning, establishing, acquiring, developing, constructing, enlarging, improving, and maintaining, equipping, operating, regulating, or protecting airports or aviation facilities within24 - 12 -HB 1071 this state, may exercise those powers within any state or jurisdiction adjoining this state, subject1 to the laws of that state or jurisdiction.

Any state adjoining this state or any governmental agency thereof may plan, establish, acquire, develop, construct, enlarge, improve, maintain, equip, operate, regulate, and protect airports and airport of that state that plans or constructs aviation facilities within this6 state, are subject to the laws of this state applicable to airports and airport facilities. The7 adjoining state or governmental agency shall have the power of may exercise eminent domain8 in this state, which shall be exercised in the manner provided by the laws of this state governing condemnation proceedings. The power of. An adjoining state may not exercise eminent domain10 may not be exercised within this state unless the adjoining state authorizes the exercise of that power therein eminent domain within the adjoining state by this state or any governmental12 agency thereof of this state having any of the powers mentioned in under this section and § 50- 7-2.2.

Any A person or organization who intends to construct or alter a structure shall submit an application and obtain an approval permit from the commission for any construction24 - 14 -HB 1071 or alteration that: (1)Exceeds two hundred feet above ground level; (2)Is within twenty thousand feet of a state approved public airport or military airport that has at least one runway more than three thousand two hundred feet in actual length and the construction or alteration exceeds a one hundred to one surface ratio from any point on the runway; (3)Is within ten thousand feet of a state approved public airport or military airport that has its longest runway no more than three thousand two hundred feet in actual length and the construction or alteration exceeds a fifty to one surface ratio from any point on the runway; (4)Is within five thousand feet of a state approved public heliport and the construction or alteration exceeds a twenty-five to one surface ratio; or (5)Is a highway, railroad, or other traverse way that the prescribed adjusted height exceeds the standards provided in this section. No application is needed if the construction or alteration of a structure would be shielded by an existing structure of a permanent and substantial character within the corporate limits of a municipality or by natural terrain or topographic features of equal or greater height. It must be evident beyond any reasonable doubt that the construction or alteration of the structure so shielded does not adversely affect safety in aviation. Any person or organization, who intends to construct or alter a structure that exceeds two hundred feet above ground level and that is outside the zones described in this section and who that has obtained a Federal Aviation Administration determination of no hazard, may shall provide that the determination to the commission prior to the start of construction in lieu of the application and permit required by this chapter or alteration of any structure that is subject to24 - 15 -HB 1071 the jurisdiction of the Federal Aviation Administration. A violation of this section is a Class 1 misdemeanor.

Any A person aggrieved by any action of the commission may appeal an action of the commission in the manner provided by law and the rules of practice and procedure adopted by the Supreme Court governing appeals from boards and commissions accordance with chapter 1-26.