2-05 Aeronautics Commission - North Dakota Statutes

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CHAPTER 2-05AERONAUTICS COMMISSION2-05-01.Aeronautics commission - Creation - Membership.The North Dakotaaeronautics commission consists of five members. The governor shall appoint each member for
a term of five years, except that a member appointed to fill a vacancy before the expiration of the
term for which the member's predecessor was appointed must be appointed only for the
remainder of the term. Each member shall serve until the appointment and qualification of the
member's successor. Each member of the commission must be a qualified elector of this state.
Any member of the commission may be removed by the governor for inefficiency, neglect of
duty, or malfeasance in office. Each member of the commission shall receive compensation of
seventy-five dollars for each day or portion of a day the member is actually engaged in the
performance of the duties of the member's office and payment for mileage and travel expenses
as provided in sections 44-08-04 and 54-06-09.2-05-02. Director of aeronautics - Appointment - Qualifications - Compensation. Adirector of aeronautics must be appointed by the commission to serve at the pleasure of the
commission. The director of aeronautics shall devote full time to the duties of the office, and
shall have no pecuniary interest in or any stock or bonds of any civil aeronautical enterprises.
The director of aeronautics shall receive such compensation as the commission may determine
and must be reimbursed for all traveling and other expenses incurred by the director in the
discharge of official duties, at the same rates and under the same conditions for the payment of
traveling expenses and board and lodging as is provided in section 2-05-01.2-05-03. Powers and duties of director. The director shall be the executive officer ofthe commission. The director shall attend all meetings of the commission, but has no voting
power. At the direction of the commission, the director shall, together with the chairman of the
commission, execute all contracts entered into by the commission which are legally authorized.
The director shall appoint, subject to the approval of the commission, such employees as may be
necessary for the proper discharge of the functions of the commission. The director shall act as
the agent of the tax commissioner for purposes of enforcement of chapter 57-40.5. Whenever
requested by the director of the department of transportation as provided in section 24-02-01.3,
the director shall report administratively concerning all activities of the aeronautics commission.2-05-04. Commission organization - Reports - Offices. Within thirty days after itsappointment, the commission shall organize and adopt rules for its administration as it may
determine to be expedient. The commission may submit a biennial report to the governor and
the secretary of state in accordance with section 54-06-04. The commission shall maintain its
office in the state capitol.2-05-05. Duty of commission in development of aeronautics. The commission shallhave general supervision over aeronautics within this state and shall:1.Encourage the establishment of airports and air navigation facilities;2.Cooperate with and assist the federal government, the municipalities of this state,
and other persons in the development and coordination of all aeronautical activities;3.Represent the state in aeronautical matters before state and federal agencies; and4.Participate as party plaintiff or defendant or as intervener on behalf of the state or
any municipality or citizen thereof in any controversy which involves the interest of
the state in aeronautics.2-05-06.Federal aid.The commission may act as agent of all municipalities inaccepting, receiving, receipting for, and disbursing federal moneys, made available to finance, in
whole or in part, the planning, acquisition, construction, improvement, maintenance, or operation
of municipal airports or air navigation facilities. The commission, as principal on behalf of thePage No. 1state, and for any municipality, may enter into any contracts, with the United States, with any
municipality, or with any person, which may be required in connection with a grant or loan of
federal moneys for municipal airport or air navigation facility purposes, provided that no contract
may be entered into on behalf of any municipality except pursuant to written request of such
municipality. All federal moneys accepted under this section must be accepted and transferred
or expended by the commission upon such terms and conditions as are prescribed by the United
States. All moneys received by the commission pursuant to this section must be deposited in the
state treasury, and, unless otherwise prescribed by the authority from which such moneys were
received, shall be kept in separate funds designated according to the purpose for which the
moneys were made available, and held by the state for such purposes. All such moneys are
hereby appropriated for the purposes, for which the same were made available, to be disbursed
or expended in accordance with the terms and conditions upon which they were made available.2-05-06.1.Authorization to accept federal or other moneys.The North Dakotaaeronautics commission, or any county, city, park district, or township is authorized to accept,
receive, and receipt for federal moneys, and other moneys, either public or private, for the
acquisition, construction, enlargement, improvement, maintenance, equipment, or operation of
airports and other air navigation facilities, and sites therefor, and to comply with the provisions of
the laws of the United States and any rules and regulations made thereunder for the expenditure
of federal moneys upon such airports and other air navigation facilities.2-05-06.2. Designation of aeronautics commission as agent. The governing body ofany political subdivision referred to in section 2-05-06.1 is authorized to designate the state
aeronautics commission of the state as its agent to accept, receive, and receipt for federal
moneys in its behalf for airport purposes and to contract for the acquisition, construction,
enlargement, improvement, maintenance, equipment, or operation of such airports, or other air
navigation facilities, and may enter into an agreement with such aeronautics commission
prescribing the terms and conditions of such agency in accordance with federal laws, rules and
regulations, and applicable laws of this state. Such moneys as are paid over by the United
States government must be paid over to said municipality under such terms and conditions as
may be imposed by the United States government in making such grant.2-05-06.3.Contracts.All contracts for the acquisition, construction, enlargement,improvement, maintenance, equipment, or operation of airports or other air navigation facilities,
made by any of the political subdivisions referred to in sections 2-05-06.1 and 2-05-06.2, by itself
or through the agency of the aeronautics commission of the state, must be made pursuant to the
laws of this state governing the making of like contracts; provided, however, that if such
acquisition, construction, improvement, enlargement, maintenance, equipment, or operation is
financed wholly or partly with federal moneys the municipality, or the aeronautics commission as
its agent, may let contracts in the manner prescribed by the federal authorities, acting under the
laws of the United States, and any rules or regulations made thereunder, notwithstanding any
other state law to the contrary.2-05-06.4. Declaration of purpose - Financial assistance to airports. The legislativeassembly declares that the people of North Dakota are placing an ever-increasing reliance upon
airline service for their transportation needs. The legislative assembly further declares that the
existing methods of financing airports are inadequate to meet the growing needs, and that the
property tax on real estate located within the boundaries of municipalities operating airports is
frequently an inequitable method of financing airports, inasmuch as many persons served by
airports do not live within these boundaries. It is the intent of the legislative assembly to provide
a means of better serving all of the people of North Dakota, and to provide an equitable method
of sharing the financial burdens of modern airline service without neglecting the needs of the
general aviation airports.2-05-06.5. State assistance for airports. Each public airport owned or operated by apublic entity and each airport operated by an airport authority in this state which is served by at
least one airline which is certified by the federal aviation administration or was at one time served
by an airline certified by the federal aviation administration, but is served by a scheduled
commuter airline certified by the North Dakota aeronautics commission may be providedPage No. 2assistance according to guidelines established by the commission by rule, within the limits of
legislative appropriations. The governing body or airport authority which operates an airport that
receives assistance under this section shall deposit the moneys received in the same account or
accounts as other airport funds are deposited and may expend the moneys as provided by law
for other airport funds, including matching any funds made available by the United States.2-05-07.State airways system.The state airways system shall consist of all airnavigation facilities available for public use now existing or hereafter established, whether
publicly or privately owned or except those under the jurisdiction of the federal government.
Jurisdiction over the state airways system in matters of safety is vested in the aeronautics
commission. The commission may expend state funds duly appropriated for such purpose in the
interest of safety on any or all facilities of the system which serve a useful public purpose and
satisfy a public need. The commission may make, promulgate, and amend reasonable safety
rules, safety regulations, and safety procedures, and establish minimum safety standards
covering the activities for each such facility.2-05-08.Rules, regulations, standards.The commission may perform such acts,issue and amend such orders, and make, promulgate, and amend such reasonable rules,
regulations, and procedures, and establish such minimum standards as it deems necessary.2-05-09. Reckless operation of aircraft. Repealed by S.L. 1975, ch. 106,