CHAPTER 287

(SB 85)

Airport approval requirements changed.

         ENTITLED, An Act to  revise certain provisions relating to the approval of airports.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

     Section  1.  That § 50-5-1 be amended to read as follows:

     50-5-1.   All owners and operators of all airports, landing fields, air schools, and flying clubs and the owners and operators of all air beacons and other air navigation facilities shall make application Any owner or operator of a public airport shall apply to the South Dakota Aeronautics Commission for its approval for such airports, landing fields, air schools, flying clubs, air beacons, and other air navigation facilities and the public airport prior to its use. Any owner or operator of a private airport located within two miles of the nearest boundary of any approved public airport shall apply to the South Dakota Aeronautics Commission for approval for such private airport prior to its use. The commission shall immediately consider and pass upon such applications either approve or reject an application within sixty days of receipt of the completed application .

     Section  2.  That chapter 50-5 be amended by adding thereto a NEW SECTION to read as follows:

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     The approval requirements of §  50-5-1 do not apply to temporary airports, landing fields, or landing strips used only by aircraft while engaged in providing emergency medical services or other emergency services.

     Section  3.  That § 50-1-1 be amended by adding thereto two NEW SUBDIVISIONS to read as follows:

     "Private airport," any airport, landing field, or landing strip that is open to and available for use only by the owner and the owner's invitees;

     "Public airport," any airport, landing field, or landing strip, whether publicly or privately owned, that is open to and available for use by the flying public.

     Section  4.  That § 50-5-2 be repealed.

     Section  5.  That § 50-5-3 be amended to read as follows:

     50-5-3.   The Aeronautics Commission is hereby authorized to may issue a certificate of its approval in each case under pursuant to §   50-5-1 or 50-5-2 and to make may set a reasonable charge therefor by rules or regulations issued promulgated pursuant to chapter 1-26 .

     Section  6.  That § 50-5-4 be amended to read as follows:

     50-5-4.   It is a Class 2 misdemeanor to use or operate an a public airport , landing field, air school, flying club, air beacon, or other air navigation facility or a private airport located within two miles of the nearest boundary of an approved public airport without the prior approval of the Aeronautics Commission.

     Section  7.  That § 50-5-6 be amended to read as follows:

     50-5-6.   In any case where If the Aeronautics Commission rejects an application for permission to operate or establish an airport , landing field, air school, flying club, air beacon, or other air navigation facility, or in any case where or if the commission shall issue issues any order requiring certain things to be done, it the commission shall set forth its reasons therefor and shall state the requirements to be met before such approval will be given or such order modified or changed.

     Section  8.  That § 50-5-9 be amended to read as follows:

     50-5-9.   The South Dakota Aeronautics Commission shall at all times maintain on file in its office a list of airport landing fields and landing strips which have been approved for public use by aircraft setting forth the legal descriptions of the real property occupied and any state, county, or municipal officer charged with the duty of enforcing this chapter, may inspect and examine, at reasonable hours, any premises, and any building and any other structure thereon, where any airport approved by the commission is operated .

     Signed March 2, 2004.

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