reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 20 - STATE PRISON AND COUNTY JAILS › Chapter 10 - IDAHO COMMISSION OF PARDONS AND PAROLE › Section 20-1009 - NOTICE AND SERVICE TO AN ALLEGED PAROLE VIOLATOR — WAIVER OF HEARING.

20-1009. NOTICE AND SERVICE TO AN ALLEGED PAROLE VIOLATOR — WAIVER OF HEARING. (1) Within fifteen (15) calendar days following arrest and detention on a warrant issued by the commission, the alleged parole violator shall be personally served with a copy of the factual allegations of the violation of the conditions of parole by a state probation and parole officer, a law enforcement official or other as designated by the executive director. When accused of a violation of his parole, other than by absconding supervision or the commission of and conviction for a felony or misdemeanor, the alleged parole violator shall be advised of the right to an on-site parole revocation hearing and of procedural rights and privileges as provided by this act. The alleged parole violator, after service of the allegation of violations of the conditions of parole and the notification of rights, may waive the on-site parole revocation hearing as provided by section 20-1008, Idaho Code. If the alleged parole violator waives the right to an on-site hearing, the commission, executive director or hearing officer shall designate the facility where the hearing will be conducted.
(2) Whenever a paroled prisoner is accused of a violation of his parole by absconding supervision or the commission of and conviction for a felony or misdemeanor under the laws of this state, or any other state, or any federal laws, and following arrest and detention on a warrant issued by the commission, the alleged parole violator shall be personally served with a copy of the factual allegations of the violation of the conditions of parole within a reasonable time. The alleged parole violator shall be advised of the right to a hearing and all other rights and privileges as provided by this act. The executive director or hearing officer shall designate the facility where the hearing will be conducted. A fair and impartial hearing of the charges will be conducted within a reasonable time.
(3) The alleged parole violator may waive the right to any hearing, and at that time may admit one (1) or more of the alleged violations of the conditions of parole. If the waiver is accepted by the commission or hearing officer: (i) the parolee may be reinstated under the same or modified conditions, or (ii) the parolee shall be subject to an expedited determination by the commission consistent with the provisions of section 20-1010, Idaho Code, without a hearing. If all waivers made by the parolee are rejected by the commission or designated hearing officer, a parole revocation hearing shall be held either on-site or at a penitentiary facility.
History:
[(20-1009) 20-229A, added 1970, ch. 105, sec. 4, p. 263; am. 1980, ch. 297, sec. 12, p. 773; am. 1983, ch. 249, sec. 1, p. 670; am. 1994, ch. 171, sec. 5, p. 385; am. 2014, ch. 150, sec. 16, p. 428; am. and redesig. 2021, ch. 196, sec. 11, p. 533.]
2023 Idaho Code › Title 20 - STATE PRISON AND COUNTY JAILS › Chapter 10 - IDAHO COMMISSION OF PARDONS AND PAROLE › Section 20-1010 - COMMISSION RULINGS AT A PAROLE REVOCATION HEARING.

20-1010. COMMISSION RULINGS AT A PAROLE REVOCATION HEARING. (1) After a factual parole revocation hearing has been concluded, the commissioner or commissioners or the designated hearing officer, having heard the matter, shall render a decision within twenty (20) days. If the alleged parole violator waives the parole hearing pursuant to the provisions of section 20-1009(3), Idaho Code, then a decision shall be entered upon acceptance of the waiver.
(2) If the commissioner or commissioners or hearing officer, having heard the matter, should conclude that the allegations of violation of the conditions of parole have not been proven by a preponderance of the evidence, or those that have been proven by a preponderance of the evidence are not sufficient cause for the revocation of parole, then the parolee shall be reinstated on parole on the same or modified conditions of parole.
(3) If the commissioner or commissioners or hearing officer, having heard the matter, should conclude that the allegations of violation of the conditions of parole have been proven by a preponderance of the evidence and constitute sufficient cause for the revocation of parole, then a dispositional hearing shall be convened during a regular session of the commission to impose any sanctions up to and including executing an order of parole revocation and determine the period of time the parole violator shall be returned to state custody.
History:
[(20-1010) 20-229B, added 1970, ch. 105, sec. 5, p. 263; am. 1994, ch. 171, sec. 6, p. 386; am. 2014, ch. 150, sec. 17, p. 429; am. 2015, ch. 295, sec. 1, p. 1173; am. 2016, ch. 267, sec. 1, p. 719; am. 2017, ch. 182, sec. 5, p. 420; am. and redesig. 2021, ch. 196, sec. 12, p. 533.]
2023 Idaho Code › Title 20 - STATE PRISON AND COUNTY JAILS › Chapter 10 - IDAHO COMMISSION OF PARDONS AND PAROLE › Section 20-1011 - IMMUNITY FROM PAROLE OR RELEASE OF A PRISONER.

20-1011. IMMUNITY FROM PAROLE OR RELEASE OF A PRISONER. Neither a public entity nor a public employee or servant shall be financially responsible or liable for any injury resulting from determining whether to parole or release a prisoner or from determining the terms or conditions of his parole or release or from determining whether to revoke his parole or release.
History:
[(20-1011) 20-231, added 1980, ch. 297, sec. 15, p. 774; am. and redesig. 2021, ch. 196, sec. 13, p. 534.]
2023 Idaho Code › Title 20 - STATE PRISON AND COUNTY JAILS › Chapter 10 - IDAHO COMMISSION OF PARDONS AND PAROLE › Section 20-1012 - FINAL DISCHARGE OF PAROLEE — MINIMUM TERM.

20-1012. FINAL DISCHARGE OF PAROLEE — MINIMUM TERM. (1) When any paroled prisoner has performed the obligations of his parole for such time as shall satisfy the commission that his final release is not incompatible with his welfare and that of society, the commission may make the final order of discharge and issue to the paroled prisoner a certificate of discharge; but no such order of discharge shall be made in any case within a period of less than one (1) year after the date of release on parole, except that when the period of the maximum sentence provided by law shall expire at an earlier date, then a final order of discharge must be made and a certificate of discharge issued to the paroled prisoner not later than the date of expiration of said maximum sentence.
(2) The board may submit a request to the commission for an order of final discharge from the remaining period of parole for any parolee under the board’s supervision at any time during the period of parole. A request for final discharge shall be supported by a statement attested to under oath or signed under penalty of perjury pursuant to section 9-1406, Idaho Code, setting forth the facts upon which the request is based. The commission shall notify the victim of a request for final discharge from parole. Any response to a request for final discharge shall be filed within thirty (30) days of the date of submittal of the request. The commission may, without a hearing, rule upon a request for final discharge based on a review of the case, the request, the statement and any responses to the request or may schedule a hearing on the request. The commission shall rule on the request for final discharge within ninety (90) days of the date of submittal of the request.
History:
[(20-1012) 20-233, added 1947, ch. 53, sec. 33, p. 59; am. 1980, ch. 297, sec. 17, p. 774; am. 2014, ch. 150, sec. 18, p. 430; am. and redesig. 2021, ch. 196, sec. 14, p. 534.]
2023 Idaho Code › Title 20 - STATE PRISON AND COUNTY JAILS › Chapter 10 - IDAHO COMMISSION OF PARDONS AND PAROLE › Section 20-1013 - PAROLE INFORMATION TO BE TRANSMITTED TO THE SHERIFF AND COUNTY PROSECUTOR.

20-1013. PAROLE INFORMATION TO BE TRANSMITTED TO THE SHERIFF AND COUNTY PROSECUTOR. Whenever any person committed to the custody of the board shall have been granted a parole by the commission, it shall be the duty of the commission to transmit to the sheriff and the prosecuting attorney of the county within which said prisoner shall be paroled a copy of the parole agreement and information as to the place of residence of said prisoner within said county, and the sheriff shall notify local law enforcement and other pertinent agencies.
History:
[(20-1013) 20-234, added 1947, ch. 53, sec. 34, p. 59; am. 1970, ch. 143, sec. 10, p. 425; am. 1974, ch. 6, sec. 6, p. 28; am. 1980, ch. 297, sec. 18, p. 774; am. 1984, ch. 85, sec. 1, p. 168; am. and redesig. 2021, ch. 196, sec. 15, p. 534.]
2023 Idaho Code › Title 20 - STATE PRISON AND COUNTY JAILS › Chapter 10 - IDAHO COMMISSION OF PARDONS AND PAROLE › Section 20-1014 - TRANSFER OF CONVICTED FOREIGN CITIZENS OR NATIONALS UNDER TREATY.

20-1014. TRANSFER OF CONVICTED FOREIGN CITIZENS OR NATIONALS UNDER TREATY. If a treaty in effect between the United States and a foreign country provides for the transfer or exchange of convicted offenders to the country of which they are citizens or nationals, the governor may, on behalf of the state and subject to the terms of the treaty, authorize the commission to consent to the transfer or exchange of offenders and take any other action necessary to initiate the participation of this state in the treaty.
History:
[(20-1014) 20-104, added 1986, ch. 77, sec. 1, p. 235; am. 2018, ch. 243, sec. 1, p. 567; am. and redesig. 2021, ch. 196, sec. 16, p. 535.]
2023 Idaho Code › Title 20 - STATE PRISON AND COUNTY JAILS › Chapter 10 - IDAHO COMMISSION OF PARDONS AND PAROLE › Section 20-1015 - RESPITES AND REPRIEVES.

20-1015. RESPITES AND REPRIEVES. (1) The governor shall have power to grant respites or reprieves in all cases of convictions for offenses against the state, except treason or imprisonment on impeachment, but such respites or reprieves shall not extend beyond the next session of the commission; and such commission shall at such session continue or determine such respite or reprieve, or may commute or pardon the offense as herein provided.
(2) In cases of conviction of treason, the governor shall have the power to suspend the execution of the sentence until the case shall be reported to the legislature at its next regular session, when the legislature shall either pardon or commute the sentence, direct its execution or grant a further reprieve.
History:
[(20-1015) 20-240, added 1947, ch. 53, sec. 40, p. 59; 1969, ch. 419, sec. 8, p. 1160; am. 1988, ch. 323, sec. 1, p. 982; am. 2020, ch. 62, sec. 1, p. 145; am. and redesig. 2021, ch. 196, sec. 17, p. 535.]
2023 Idaho Code › Title 20 - STATE PRISON AND COUNTY JAILS › Chapter 10 - IDAHO COMMISSION OF PARDONS AND PAROLE › Section 20-1016 - COMMUTATIONS AND PARDONS.

20-1016. COMMUTATIONS AND PARDONS. (1) The commission shall have full and final authority to grant commutations and pardons after conviction and judgment in all cases of offenses against the state except treason or impeachment and as otherwise provided in this section.
(2) The commission shall have authority to grant commutations and pardons after conviction and judgment for offenses, or conspiracies to commit any offense, for which the maximum punishment allowed by law at the time of sentencing is death or life imprisonment only after first presenting a recommendation to the governor. If the governor approves the commission’s recommendation within thirty (30) days of presentment, the commission’s pardon or commutation shall issue. If the governor rejects the commission’s recommendation within thirty (30) days of presentment or takes no action on the recommendation before the passage of thirty (30) days from presentment, no pardon or commutation shall issue from the commission, and the commission’s recommendation shall be of no force or effect.
(3) Notwithstanding subsection (2) of this section, the commission shall have full and final authority to grant pardons and commutations for:
(a) Any offense, or conspiracies to commit any offense, in violation of chapter 27, title 37, Idaho Code, for which the maximum punishment allowed by law at the time of sentencing is life imprisonment; and
(b) Any offense, or conspiracies to commit any offense, for which the maximum punishment allowed by law at the time of sentencing is enhanced by chapter 25, title 19, Idaho Code, to life imprisonment.
(4) The commission shall conduct commutation and pardon proceedings pursuant to rules and regulations adopted in accordance with law and may attach such conditions as it deems appropriate in granting pardons or commutations.
History:
[(20-1016) 20-240A, added 2020, ch. 62, sec. 2, p. 145; am. and redesig. 2021, ch. 196, sec. 18, p. 535; am. 2023, ch. 18, sec. 1, p. 129.]
2023 Idaho Code › Title 20 - STATE PRISON AND COUNTY JAILS › Chapter 10 - IDAHO COMMISSION OF PARDONS AND PAROLE › Section 20-1017 - REQUIRED PUBLICATIONS AND LIMITATION ON APPLICATIONS FOR COMMUTATIONS AND PARDONS.

20-1017. REQUIRED PUBLICATIONS AND LIMITATION ON APPLICATIONS FOR COMMUTATIONS AND PARDONS. (1) When applications for pardon or commutation are scheduled to be considered at a meeting of the commission, the executive director shall cause to be published in some newspaper of general circulation at Boise, Idaho, all notice required by the constitution of the state of Idaho immediately prior to the hearing. Such notices shall list the names of all persons making application for pardon or commutation, and a copy of such notice shall be provided to each prosecuting attorney of any county from which any such person was committed to the custody of the board.
(2) The commission may in its discretion consider but one (1) application for pardon or commutation from any one (1) person in any twelve (12) month period.
History:
[(20-1017) 20-213, added 1947, ch. 53, sec. 13, p. 59; am. 1951, ch. 118, sec. 1, p. 273; am. 1969, ch. 419, sec. 2, p. 1160; am. 1980, ch. 297, sec. 1, p. 769; am. and redesig. 2021, ch. 196, sec. 19, p. 536.]
2023 Idaho Code › Title 20 - STATE PRISON AND COUNTY JAILS › Chapter 10 - IDAHO COMMISSION OF PARDONS AND PAROLE › Section 20-1018 - NOTICE OF GRANTED PARDON, COMMUTATION, OR REMISSION OF FINES AND FORFEITURES.

20-1018. NOTICE OF GRANTED PARDON, COMMUTATION, OR REMISSION OF FINES AND FORFEITURES. When, by action of the commission or the governor, a pardon, commutation, or remission of fines and forfeitures is granted as provided by law, the executive director shall:
(1) Retain an original pardon, commutation, or remission of fines and forfeitures document at the commission;
(2) File a copy of the original pardon, commutation, or remission of fines and forfeitures document in the office of the secretary of state;
(3) Provide an original pardon, commutation, or remission of fines and forfeitures document to the individual petitioner;
(4) File notice with the state courts, in a manner approved by the supreme court, that a pardon, commutation, or remission of fines and forfeitures has been granted in the case; and
(5) Provide such additional notice that a pardon, commutation, or remission of fines and forfeitures has been granted as the commission may adopt by rule.
History:
[(20-1018) 20-240B, added 2020, ch. 60, sec. 1, p. 143; am. and redesig. 2021, ch. 196, sec. 20, p. 536.]
2023 Idaho Code › Title 21 - AERONAUTICS › Chapter 1 - AERONAUTICS ADMINISTRATION › Section 21-102 - DECLARATION OF PURPOSE.

21-102. DECLARATION OF PURPOSE. It is hereby declared that the purpose of this act is to further the public interest and aeronautical progress:
(a) By providing for the protection and promotion of safety in aeronautics;
(b) By cooperating in effecting uniformity of the laws and regulations relating to the development and regulation of aeronautics in the several states consistent with federal aeronautics laws and regulations;
(c) By granting to a state agency such powers and imposing upon it such duties that the state may properly perform its functions relative to aeronautics and effectively exercise its jurisdiction over persons and property within such jurisdiction, assist in the development of a statewide system of airports, cooperate with and assist the municipalities of this state and others engaged in aeronautics, and encourage and develop aeronautics;
(d) By establishing only such regulations as are essential in order that persons engaged in aeronautics of every character may so engage with the least possible restriction, consistent with the safety and the rights of others; and
(e) By providing for cooperation with the federal authorities in the development of a national system of civil aviation and for coordination of the aeronautical activities of those authorities and the authorities of this state.
History:
[21-102, added 1947, ch. 153, sec. 2, p. 378.]
2023 Idaho Code › Title 21 - AERONAUTICS › Chapter 1 - AERONAUTICS ADMINISTRATION › Section 21-104 - DEVELOPMENT OF AERONAUTICS.

21-104. DEVELOPMENT OF AERONAUTICS. (a) General supervision. The department shall have general supervision over aeronautics within this state. It is empowered and directed to encourage, foster, and assist in the development of aeronautics in this state and to encourage the establishment of airports and air navigation facilities. It shall cooperate with and assist the federal government, the municipalities of this state, and other persons in the development of aeronautics and shall seek to coordinate the aeronautical activities of these bodies and persons. Municipalities are authorized to cooperate with the department in the development of aeronautics and aeronautics facilities in this state.
(b) Aerial search. Aerial search operations for lost aircraft and airmen shall be coordinated by the department, division of aeronautics, under the direction and supervision of the chief of the Idaho office of emergency management within the military division.
History:
[21-104, added 1947, ch. 153, sec. 4, p. 378; am. 1974, ch. 12, sec. 96, p. 61; am. 1992, ch. 149, sec. 1, p. 447; am. 2013, ch. 107, sec. 2, p. 253; am. 2016, ch. 118, sec. 1, p. 331.]
2023 Idaho Code › Title 21 - AERONAUTICS › Chapter 1 - AERONAUTICS ADMINISTRATION › Section 21-105 - MUNICIPAL AIRPORTS.

21-105. MUNICIPAL AIRPORTS. (a) Technical Services of the Department. The department may, insofar as is reasonably possible, make available its engineering and other technical services, with or without charge, to any municipality or person desiring them in connection with the planning, acquisition, construction, improvement, maintenance or operation of airports or air navigation facilities.
(b) State Financial Assistance. The department may render financial assistance by grant or loan or both to any municipality or municipalities acting jointly, in the planning, acquisition, construction, improvement, maintenance, or operation of an airport owned or controlled, or to be owned or controlled by such municipality or municipalities, out of appropriations made by the legislature for such purposes. Such financial assistance may be furnished in connection with federal or other financial aid for the same purposes.
(c) Federal Aid. The department is authorized to act as agent of any municipality or municipalities acting jointly, upon the request of such municipality or municipalities, in accepting, receiving, receipting for and disbursing federal moneys, and other moneys public or private, made available to finance, in whole or part, the planning, acquisition, construction, improvement, maintenance, or operation of a municipal airport or air navigation facility; and if requested by such municipality or municipalities may act as its or their agent in contracting for and supervising such planning, acquisition, construction, improvement, maintenance or operation; and all municipalities are authorized to designate the department their agent for the foregoing purposes. The department, as principal on behalf of the state, and any municipality, on its own behalf, may enter into any contracts, with each other or with the United States 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. All federal moneys accepted under this section shall be accepted and transferred or expended by the department upon such terms and conditions as are prescribed by the United States. All moneys received by the department pursuant to this section shall 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 purposes for which the moneys were made available, and held by the state in trust 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.
History:
[21-105, added 1947, ch. 153, sec. 5, p. 378; am. 1975, ch. 113, sec. 1, p. 232; am. 2013, ch. 12, sec. 1, p. 22.]
2023 Idaho Code › Title 21 - AERONAUTICS › Chapter 1 - AERONAUTICS ADMINISTRATION › Section 21-107 - STATE AIRWAYS, CHARTS AND BULLETINS.

21-107. STATE AIRWAYS, CHARTS AND BULLETINS. The department may designate, design, and establish, expand, or modify a state airways system which will best serve the interest of the state. It may chart such airways system and arrange for publication and distribution of such maps, charts, notices and bulletins relating to such airways as may be required in the public interest. The system shall be supplementary to and coordinated in design and operation with the federal airways system. It may include all types of air navigation facilities, whether publicly or privately owned, provided that such facilities conform to federal safety standards.
History:
[21-107, added 1947, ch. 153, sec. 7, p. 378.]
2023 Idaho Code › Title 21 - AERONAUTICS › Chapter 1 - AERONAUTICS ADMINISTRATION › Section 21-108 - CONTRACTS — LAW GOVERNING.

21-108. CONTRACTS — LAW GOVERNING. The department may enter into any contracts necessary to the execution of the powers granted it by this act. All contracts made by the department, either as the agent of the state or of any municipality, shall be made pursuant to the laws of the state governing the making of like contracts; provided, however, that where the planning, acquisition, construction, improvement, maintenance, or operation of any airport, or air navigation facility is financed wholly or partially with federal moneys, the department[,] as agent of the state or of any municipality, 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.
History:
[21-108, added 1947, ch. 153, sec. 8, p. 378.]
2023 Idaho Code › Title 21 - AERONAUTICS › Chapter 1 - AERONAUTICS ADMINISTRATION › Section 21-109 - EXCLUSIVE RIGHTS.

21-109. EXCLUSIVE RIGHTS. The department shall grant no exclusive right for the use of any airway, airport, or air navigation facility under its jurisdiction, but this section shall not be construed to prevent the making of contracts, leases and other arrangements pursuant to section 21-106.
History:
[21-109, added 1947, ch. 153, sec. 9, p. 378.]
2023 Idaho Code › Title 21 - AERONAUTICS › Chapter 1 - AERONAUTICS ADMINISTRATION › Section 21-110 - PUBLIC PURPOSE OF ACTIVITIES.

21-110. PUBLIC PURPOSE OF ACTIVITIES. The acquisition of any lands or interest therein pursuant to this act, the planning, acquisition, establishment, construction, improvement, maintenance, equipment, and operation of airports and air navigation facilities, whether by the state separately or jointly with any municipality or municipalities and the exercise of any other powers herein granted to the department are hereby declared to be public and governmental functions, exercised for a public purpose, and matters of public necessity. All lands and other property and privileges acquired and used by or on behalf of the state in the manner and for the purposes enumerated in this act shall and are hereby declared to be acquired and used for public and governmental purposes and as a matter of public necessity.
History:
[21-110, added 1947, ch. 153, sec. 10, p. 378.]
2023 Idaho Code › Title 21 - AERONAUTICS › Chapter 1 - AERONAUTICS ADMINISTRATION › Section 21-111 - RULES, REGULATIONS, STANDARDS.

21-111. RULES, REGULATIONS, STANDARDS. (a) Power to Issue. The department may perform such acts, issue and amend such orders, and make, promulgate, and amend such reasonable general or special rules, regulations and procedures, and establish such minimum standards, consistent with the provisions of this act, as it shall deem necessary to carry out the provisions of this act and to perform its duties hereunder; all commensurate with and for the purpose of protecting and insuring the general public interest and safety, the safety of persons operating, using or traveling in aircraft or persons receiving instructions in flying or ground subjects pertaining to aeronautics, and the safety of persons and property on land or water, and developing and promoting aeronautics in this state. No rule or regulation of the department shall apply to airports or air navigation facilities owned or operated by the United States.
(b) Conformity to Federal Enactments, Rules and Regulations. All rules and regulations prescribed by the department under the authority of this act shall be kept in conformity(,) with the then current federal enactment governing aeronautics and the rules, regulations, and standards duly issued thereunder.
(c) Distribution. The department shall provide for the publication and general distribution of all its orders, rules, regulations and procedures having general effect.
History:
[21-111, added 1947, ch. 153, sec. 11, p. 378.]
2023 Idaho Code › Title 21 - AERONAUTICS › Chapter 1 - AERONAUTICS ADMINISTRATION › Section 21-112 - RECKLESS OPERATION OF AIRCRAFT.

21-112. RECKLESS OPERATION OF AIRCRAFT. It shall be unlawful for any person to operate an aircraft in the air, or on the ground or water, in a careless or reckless manner so as to endanger the life or property of another.
In any proceeding charging careless or reckless operation of aircraft in violation of this section, the court or jury, in determining whether the operation was careless or reckless, may consider the standards for safe operation of aircraft prescribed by federal statutes, federal regulations governing aeronautics and the rules, regulations and standards promulgated by the department.
History:
[21-112, added 1947, ch. 153, sec. 12, p. 378; am. 1989, ch. 229, sec. 1, p. 545.]
2023 Idaho Code › Title 21 - AERONAUTICS › Chapter 1 - AERONAUTICS ADMINISTRATION › Section 21-112B - TEST OF PILOT FOR ALCOHOL CONCENTRATION.

21-112B. TEST OF PILOT FOR ALCOHOL CONCENTRATION. (1) Any person who pilots or is in actual physical control of an aircraft in this state shall be deemed to have given his consent to an evidentiary test for concentration of alcohol, drugs or other intoxicating substances as defined in section 21-112A, Idaho Code, provided that such test is administered at the request of a police officer having reasonable grounds to believe that person has been piloting or has been in actual physical control of an aircraft while under the influence of alcohol, drugs or of any other intoxicating substances.
(2) Such person shall not have the right to consult with an attorney before submitting to an evidentiary test for concentration of alcohol, drugs or other intoxicating substances.
(3) At the time an evidentiary test for concentration of alcohol, drugs or other intoxicating substances is requested, the person shall be informed that if he refuses to take the test:
(a) That an affidavit of such fact will be filed with the administrator of the federal aviation agency;
(b) That such refusal could result in the suspension or revocation of the person’s certificate or rating, or denial of application for a certificate or rating, under federal aviation regulations; and
(c) That after submitting to the test he may, when practicable, at his own expense, have additional tests made by a person of his own choosing.
History:
[21-112B, added 1989, ch. 229, sec. 3, p. 547.]
2023 Idaho Code › Title 21 - AERONAUTICS › Chapter 1 - AERONAUTICS ADMINISTRATION › Section 21-113 - FEDERAL AIRMAN AND AIRCRAFT CERTIFICATES.

21-113. FEDERAL AIRMAN AND AIRCRAFT CERTIFICATES. (a) Operation Without Unlawful. It shall be unlawful for any person to operate, cause, or authorize to be operated any civil aircraft within this state unless such aircraft has an appropriate effective certificate, permit or license issued by the United States, if such certificate, permit or license is required by the United States.
It shall be unlawful for any person to engage in aeronautics as an airman in the state unless he has an appropriate effective airman certificate, permit, rating or license issued by the United States authorizing him to engage in the particular class of aeronautics in which he is engaged, if such certificate, permit, rating or license is required by the United States.
(b) Exhibition of Certificates. Where a certificate, permit, rating or license is required for an airman by the United States, it shall be kept in his personal possession when he is operating within the state and shall be presented for inspection upon the demand of any peace officer, or any other law enforcement officer of the state or of a municipality or official or employee of the department authorized pursuant to section 21-119 to enforce the aeronautics laws, or any official, manager or person in charge of any airport upon which the airman shall land, or upon the reasonable request of any other person. Where a certificate, permit or license is required by the United States for an aircraft, it shall be carried in the aircraft at all times while the aircraft is operating in the state, shall be conspicuously posted in the aircraft where it may be readily seen by passengers or inspectors, and shall be presented for inspection upon the demand of any peace officer, or any other law enforcement officer of the state or of a municipality official or employee of the department authorized pursuant to section 21-119 to enforce the aeronautics laws, or any official, manager or person in charge of any airport upon which the aircraft shall land, or upon the reasonable request of any person.
History:
[21-113, added 1947, ch. 153, sec. 13, p. 378.]
2023 Idaho Code › Title 21 - AERONAUTICS › Chapter 1 - AERONAUTICS ADMINISTRATION › Section 21-116 - INVESTIGATIONS AND HEARINGS.

21-116. INVESTIGATIONS AND HEARINGS. (a) General Power, Accidents, Witnesses, Subpoenas, Court Order. The department shall have the power to hold investigations, inquiries and hearings concerning matters covered by the provisions of this act and the rules, regulations and orders of the department, and concerning accidents in aeronautics within this state, providing that the appropriate federal agency fails to act at [within] a reasonable time. Hearings shall be open to the public and, except as provided in section 21-120, shall be held upon such call or notice as the department shall deem advisable. The director or any employee of the department designated by the director to hold any inquiry, investigation or hearing shall have the power to administer oaths and affirmations, certify to all official acts, issue subpoenas, and order the attendance and testimony of witnesses and the production of papers, books, and documents. In case of the failure of any person to comply with any subpoena or order issued under the authority of this section, the department or its authorized representative may invoke the aid of any court of this state of general jurisdiction. The court may thereupon order such person to comply with the requirements of the subpoena or order or to give evidence touching the matter in question. Failure to obey the order of the court may be punished by the court as a contempt thereof.
(b) Use and Limitations on Reports of Investigation. In order to facilitate the making of investigations by the department in the interest of public safety and promotion of aeronautics, the public interest requires, and it is therefore provided, that the reports of investigations or hearings or any part thereof shall not be admitted in evidence or used for any purpose in any suit, action or proceeding growing out of any matter referred to in said investigation, hearing or report thereof, except in case of any suit, action or proceeding, civil or criminal, instituted by or in behalf of the department or in the name of the state under the provisions of this act or other laws of the state relating to aeronautics.
History:
[21-116, added 1947, ch. 153, sec. 16, p. 378.]
2023 Idaho Code › Title 21 - AERONAUTICS › Chapter 1 - AERONAUTICS ADMINISTRATION › Section 21-117 - FEDERAL-STATE JOINT HEARINGS — RECIPROCAL SERVICES — ACCIDENT REPORTING.

21-117. FEDERAL-STATE JOINT HEARINGS — RECIPROCAL SERVICES — ACCIDENT REPORTING. (a) Joint Hearings. The department is authorized to confer with or to hold joint hearings with any agency of the United States in connection with any matter arising under this act, or relating to the sound development of aeronautics.
(b) Reciprocal Services. The department is authorized to avail itself of the cooperation, services, records and facilities of the agencies of the United States as fully as may be practicable in the administration and enforcement of this act. The department shall furnish to the agencies of the United States its cooperation, services, records and facilities, insofar as may be practicable.
(c) Accident Reporting. The department shall report to the appropriate agency of the United States all accidents in aeronautics in this state of which it is informed, and shall insofar as is practicable preserve, protect and prevent the removal of the component parts of any aircraft involved in an accident being investigated by it until the federal agency institutes an investigation.
History:
[21-117, added 1947, ch. 153, sec. 17, p. 378.]
2023 Idaho Code › Title 21 - AERONAUTICS › Chapter 1 - AERONAUTICS ADMINISTRATION › Section 21-118 - USE OF STATE AND MUNICIPAL FACILITIES AND SERVICES.

21-118. USE OF STATE AND MUNICIPAL FACILITIES AND SERVICES. In carrying out the provisions of this act the department may use the facilities and services of other agencies of the state and of the municipalities of the state to the utmost extent possible, and such agencies and municipalities are authorized and directed to make available their facilities and services.
History:
[21-118, added 1947, ch. 153, sec. 18, p. 378.]
2023 Idaho Code › Title 21 - AERONAUTICS › Chapter 1 - AERONAUTICS ADMINISTRATION › Section 21-119 - ENFORCEMENT OF AERONAUTICS LAWS.

21-119. ENFORCEMENT OF AERONAUTICS LAWS. (a) Enforcement Officers. It shall be the duty of the director and employees of the department, and every state and municipal officer charged with the enforcement of state and municipal laws, to enforce and assist in the enforcement of this act and of all rules, regulations and orders issued pursuant thereto and of all other laws of this state relating to aeronautics; and in that connection each of the aforesaid persons is authorized to inspect and examine at reasonable hours any premises, and the buildings and other structures thereon, where airports, air navigation facilities, air schools, or other aeronautical activities are operated or conducted. In aid of the enforcement of this act, the rules, regulations and orders issued pursuant thereto and of all other laws of the state relating to aeronautics, general police powers are hereby conferred upon the director and such of the employees of the department as may be designated by it to exercise such powers.
(b) Court Aid. The department is authorized, in the name of the state, to enforce the provisions of this act and the rules, regulations and orders issued pursuant thereto by injunction or other legal process in the courts of this state.
History:
[21-119, added 1947, ch. 153, sec. 19, p. 378; am. 1974, ch. 12, sec. 97, p. 61; am. 1992, ch. 149, sec. 2, p. 448.]
2023 Idaho Code › Title 21 - AERONAUTICS › Chapter 1 - AERONAUTICS ADMINISTRATION › Section 21-120 - DEPARTMENT ORDERS — NOTICE AND OPPORTUNITY FOR HEARINGS — JUDICIAL REVIEW.

21-120. DEPARTMENT ORDERS — NOTICE AND OPPORTUNITY FOR HEARINGS — JUDICIAL REVIEW. Every order of the department requiring performance of certain acts or compliance with certain requirements and any denial or revocation of an approval, certificate or license shall set forth the reasons and shall state the acts to be done or requirements to be met before approval by the department will be given or the approval, license or certificate granted or restored or the order modified or changed. Orders issued by the department pursuant to the provisions of this act shall be served upon the persons affected either by registered mail or in person. In every case where notice and opportunity for hearing are required under the provisions of this act, the order of the department shall, on not less than twenty (20) days’ notice, specify a time when and place where the person affected may be heard, or the time within which he may request hearing, and such order shall become effective upon the expiration of the time for exercising such opportunity for hearing, unless a hearing is held or requested within the time provided, in which case the order shall be suspended until the department shall affirm, disaffirm, or modify such order after hearing held or default by the person affected. To the extent practicable, hearings on such orders shall be held in the county where the affected person resides or does business. Any person aggrieved by an order of the department or by the grant, denial or revocation of any approval, license or certificate may have the action of the department reviewed by the district court of the county in which the aggrieved person resides or has his principal place of business.
History:
[21-120, added 1947, ch. 153, sec. 20, p. 378.]
2023 Idaho Code › Title 21 - AERONAUTICS › Chapter 1 - AERONAUTICS ADMINISTRATION › Section 21-121 - PENALTIES — GENERAL AND SPECIAL.

21-121. PENALTIES — GENERAL AND SPECIAL. (a) General. Any person violating any of the provisions of this act, or any of the rules, regulations or orders issued pursuant thereto, shall be guilty of a misdemeanor.
(b) Special. For any violation of section 21-112, in addition to, or in lieu of, the penalties provided by subsection (a) of this section, or as a condition to the suspension of a sentence which may be imposed pursuant thereto, the court in its discretion may revoke or suspend the violator’s registration certificates for such period as it may determine but not to exceed one (1) year. Violation of the duly imposed prohibition of the court may be treated as a separate offense under this section or as a contempt of court. Upon a plea of guilty or conviction under section 21-112 in any case involving a registrant under section 21-114, the court shall cause a notation of such plea or conviction and of the sentence imposed to be marked upon the pilot certificate or other evidence of pilot registration or receipt provided by the department under said section 21-114. In no event shall this subsection be construed as warrant for the court or any other agency or person to take away, impound, hold or mark any federal airman or aircraft certificate, permit, rating or license, or to take away, impound or hold any state registration certificate or other evidence of such registration or payment of fees.
History:
[21-121, added 1947, ch. 153, sec. 21, p. 378.]
2023 Idaho Code › Title 21 - AERONAUTICS › Chapter 1 - AERONAUTICS ADMINISTRATION › Section 21-122 - EXCHANGE OF VIOLATIONS INFORMATION.

21-122. EXCHANGE OF VIOLATIONS INFORMATION. The department is authorized to report to the appropriate federal agencies and agencies of other states all proceedings instituted charging violation of sections 21-112 and 21-113 and all penalties, of which it has knowledge, imposed upon airmen or the owners or operators of aircraft for violations of the rules, regulations or orders of the department. The department is authorized to receive reports of penalties and other data from agencies of the federal government and other states and, when necessary, to enter into agreements with federal agencies and the agencies of other states governing the delivery, receipt, exchange, and use of reports and data. The department may make the reports and data of the federal agencies, the agencies of other states, and the courts of this state available, with or without request therefor, to any and all courts of this state, and to any officer of the state or of a municipality authorized pursuant to section 21-119 to enforce the aeronautics laws.
History:
[21-122, added 1947, ch. 153, sec. 22, p. 378.]
2023 Idaho Code › Title 21 - AERONAUTICS › Chapter 1 - AERONAUTICS ADMINISTRATION › Section 21-123 - SEPARABILITY.

21-123. SEPARABILITY. If any provision of this act or the application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the provisions of [or] application of this act which can be given effect without the invalid provisions or applications, and to this end the provisions of this act are declared to be severable.
History:
[21-123, added 1947, ch. 153, sec. 23, p. 378.]
2023 Idaho Code › Title 21 - AERONAUTICS › Chapter 1 - AERONAUTICS ADMINISTRATION › Section 21-132 - DECLARATION OF PURPOSE.

21-132. DECLARATION OF PURPOSE. It is hereby found and declared that there exists in the state of Idaho a need to improve and expand air service capabilities to meet the increased demands of air transportation. In view of the rapid growth of this mode of passenger transportation, faster and heavier aircraft, the anticipated use of this system by industry for moving high value goods and merchandise in a minimum of time, to save handling and warehousing, planning to meet future needs is imperative. Such planning must accommodate intrastate and interstate service for passengers and freight into the national system, with implementation as rapidly as possible. The efforts of both the public and private sectors must be combined to match the aviation program planned by congress for the new millennium.
History:
[21-132, added 1970, ch. 257, sec. 2, p. 683; am. 1974, ch. 12, sec. 98, p. 61; am. 2001, ch. 377, sec. 1, p. 1320.]
2023 Idaho Code › Title 21 - AERONAUTICS › Chapter 1 - AERONAUTICS ADMINISTRATION › Section 21-134 - IDAHO AERONAUTICS ADVISORY BOARD CREATED — DUTIES — COMPENSATION.

21-134. IDAHO AERONAUTICS ADVISORY BOARD CREATED — DUTIES — COMPENSATION. There is hereby created and established the Idaho aeronautics advisory board. The board shall consult with and advise the Idaho transportation department on matters concerning aeronautics. Members shall be compensated as provided by section 59-509(h), Idaho Code.
History:
[I.C., sec. 21-134, as added by 1974, ch. 12, sec. 99, p. 61; am. 1980, ch. 247, sec. 7, p. 586; am. 1982, ch. 95, sec. 131, p. 266; am. 1989, ch. 228, sec. 1, p. 544; am. 1994, ch. 128, sec. 1, p. 286; am. 2001, ch. 377, sec. 2, p. 1320.]
2023 Idaho Code › Title 21 - AERONAUTICS › Chapter 1 - AERONAUTICS ADMINISTRATION › Section 21-135 - COMPOSITION OF ADVISORY BOARD — NUMBER — APPOINTMENT — QUALIFICATIONS.

21-135. COMPOSITION OF ADVISORY BOARD — NUMBER — APPOINTMENT — QUALIFICATIONS. The advisory board shall be composed of five (5) members to be appointed by the governor. All members shall be knowledgeable and have experience in aviation; provided however, one (1) member shall have particular knowledge of commercial aviation; one (1) member shall have knowledge of general aviation; one (1) member shall have particular knowledge of back-country aviation; and one (1) member shall have particular knowledge of air freight transportation. Not more than three (3) members thereof shall at any time belong to the same political party. Provided, however, two (2) members of the advisory board shall be licensed pilots. Members shall be successful public spirited citizens of good character, well informed and interested in the construction and maintenance of aeronautical facilities. Selection and appointment shall be made solely with regard to the best interests of the various functions of the advisory board. Each member at the time of his appointment shall be a citizen and resident taxpayer of the state of Idaho, and of the members appointed to represent director districts, such member shall be a resident of the district from which he is appointed for at least three (3) years.
History:
[21-135, added 1970, ch. 257, sec. 5, p. 683; am. 1974, ch. 12, sec. 100, p. 61; am. 1993, ch. 274, sec. 1, p. 926; am. 2001, ch. 377, sec. 3, p. 1320.]
2023 Idaho Code › Title 21 - AERONAUTICS › Chapter 1 - AERONAUTICS ADMINISTRATION › Section 21-136 - APPOINTMENT OF MEMBERS — TERM — VACANCIES.

21-136. APPOINTMENT OF MEMBERS — TERM — VACANCIES. For the purposes of selection of members of the advisory board of aeronautics, one (1) member shall be appointed to represent director districts no. 1 and 2, one (1) member to represent director districts no. 3 and 4, one (1) member to represent director districts no. 5 and 6, as provided in section 40-303, Idaho Code, and two (2) members shall be appointed from the state at-large.
The governor shall appoint, subject to confirmation by the senate, the board members for terms of five (5) years. The initial terms of the at-large members may be less than five (5) years, and shall be staggered so that not more than (1) term of any member of the board shall expire in any one (1) year. The term of each member shall begin immediately upon his appointment and qualification. Each member shall hold office after the expiration of his term until his successor has been appointed. Not less than fifteen (15) days before the expiration of the term of appointment of each member, the governor shall appoint a successor and submit the appointment to the senate for confirmation. Should any member of the board resign, die, remove from the district from which he was appointed, or otherwise be removed from office, a vacancy shall exist, and during the recess of the legislature, the governor shall within thirty (30) days appoint a successor with like qualifications, to serve for the remainder of the retiring member’s unexpired term. If a vacancy occurs within forty-five (45) days after the convening of the legislature and while it is still in session, the governor shall make and submit to the senate for its approval a nomination to fill the vacancy.
History:
[21-136, added 1970, ch. 257, sec. 6, p. 683; am. 1974, ch. 12, sec. 101, p. 61; am. 1985, ch. 253, sec. 3, p. 700; am. 1989, ch. 228, sec. 2, p. 544; am. 1996, ch. 35, sec. 1, p. 88; am. 2001, ch. 377, sec. 4, p. 1321.]
2023 Idaho Code › Title 21 - AERONAUTICS › Chapter 1 - AERONAUTICS ADMINISTRATION › Section 21-137 - CERTIFICATES OF MEMBERS — OATH — POLITICAL AFFILIATION — BOND.

21-137. CERTIFICATES OF MEMBERS — OATH — POLITICAL AFFILIATION — BOND. Each member of the board shall receive a certificate of appointment from the governor, and before entering upon the discharge of his official duties, shall file with the secretary of state the constitutional oath of office, to which and as a part thereof shall be added a declaration of the political party to which said board member belongs. Each member shall be bonded in the time, form and manner prescribed in chapter 8, title 59, Idaho Code.
History:
[21-137, added 1970, ch. 257, sec. 7, p. 683.]
2023 Idaho Code › Title 21 - AERONAUTICS › Chapter 1 - AERONAUTICS ADMINISTRATION › Section 21-138 - MEMBERS SERVE AT PLEASURE OF GOVERNOR.

21-138. MEMBERS SERVE AT PLEASURE OF GOVERNOR. Members shall serve at the pleasure of the governor.
History:
[21-138, added 1970, ch. 257, sec. 8, p. 683.]