CHAPTER 50-4
PLANNING AND DEVELOPMENT OF AVIATION FACILITIES
50-4-1 Repealed.
50-4-2 Constructing, maintaining, and operating airports--Assistance to local governments.
50-4-3 Cooperation with federal agencies.
50-4-4 Acceptance of contributions.
50-4-5 Department to receive grants or funds and enter into agreements as agent of airport sponsor.
50-4-6 Disposition of federal grants.
50-4-7 Airport contracts subject to contract laws.
50-4-8 Deposit of grants and funds in state treasury--Separate funds--Disbursement.
50-4-9 50-4-9 to 50-4-11. Repealed by SL 2010, ch 227, §§ 26 to 28.
50-4-12 Sale of aircraft fuel--Report--Violation as misdemeanor.
50-4-13 Aircraft fuel tax revenues--Appropriation and use.
50-4-14 Uses for aeronautics fund.
50-4-15 Funds appropriated by § 50-4-14 not a limit.
50-4-16 Portion of aircraft fuel tax revenues to be allocated to eligible airports.
50-4-17 Expenditure of funds.
50-4-1. Repealed.
Source: SDC 1939, § 2.0106; SL 1949, ch 2, § 4; SL 2010, ch 227, § 24; SL 2014, ch 222, § 20; SL 2019, ch 203, § 6; SL 2020, ch 203, § 26.
50-4-2. Constructing, maintaining, and operating airports--Assistance to local governments.
The department may, out of appropriations and other funds or grants made available, construct, maintain, and operate airports and aviation facilities, and financially assist any county, municipality, or organized township in constructing, maintaining, and operating airports and aviation facilities. The department may exercise any power or authority conferred upon municipal corporations under this title.
Source: SDC 1939, § 2.0106 as added by SL 1949, ch 2, § 4; SL 1992, ch 60, § 2; SL 1997, ch 16, § 6; SL 2014, ch 222, § 21; SL 2018, ch 269, § 5; SL 2019, ch 203, § 7.
50-4-3. Cooperation with federal agencies.
The department may cooperate with any agency or department of the United States in the acquisition, construction, improvement, maintenance, and operation of airports and aviation facilities in this state.
Source: SDC 1939, § 2.0108 as added by SL 1945, ch 2; SL 1949, ch 2, § 5; SL 1997, ch 16, § 7; SL 2014, ch 222, § 22; SL 2018, ch 269, § 6; SL 2019, ch 203, § 8.
50-4-4. Acceptance of contributions.
The department may accept and receive federal grants and other funds, either public or private, for and on behalf of the state, any county, or any municipality, for the acquisition, construction, maintenance, and operation of airports and aviation facilities, whether the work is to be done by the state, a county, or a municipality, or jointly, aided by grants from the United States.
Source: SDC 1939, § 2.0108 as added by SL 1945, ch 2; SL 1949, ch 2, § 5; SL 1997, ch 16, § 8; SL 2014, ch 222, § 23; SL 2018, ch 269, § 7; SL 2019, ch 203, § 9.
50-4-5. Department to receive grants or funds and enter into agreements as agent of airport sponsor.
The department shall act as an agent of any airport sponsor of this state upon the request of the airport sponsor, in accepting, receiving and receipting for any grants or funds for airports or other aviation purposes, and in contracting for the acquisition, construction, maintenance, or operation of airports or aviation facilities, financed either in whole or in part by federal grants. The governing body of the airport sponsor shall designate the department as its agent for purposes of this section and enter into an agreement with the department prescribing the terms and conditions of the agency.
Source: SDC 1939, § 2.0108 as added by SL 1945, ch 2; SL 1949, ch 2, § 5; SL 1997, ch 16, § 9; SL 2014, ch 222, § 24; SL 2018, ch 269, § 8; SL 2019, ch 203, § 10.
50-4-6. Disposition of federal grants.
Any grant paid by the United States government under § 50-4-4 or 50-4-5 shall be retained by the state or appropriated to the airport sponsor under the terms and conditions imposed by the United States government in making the grant.
Source: SDC 1939, § 2.0108 as added by SL 1945, ch 2; SL 1949, ch 2, § 5; SL 2010, ch 227, § 25; SL 2019, ch 203, § 11.
50-4-7. Airport contracts subject to contract laws.
Any contract for the acquisition, construction, maintenance, and operation of airports or aviation facilities made by the department, either as the agent of this state or as the agent of any airport sponsor, shall be made in accordance with the laws of this state governing the making of contracts.
Source: SDC 1939, § 2.0108 as added by SL 1945, ch 2; SL 1949, ch 2, § 5; SL 1997, ch 16, § 10; SL 2014, ch 222, § 25; SL 2018, ch 269, § 9; SL 2019, ch 203, § 12.
50-4-8. Deposit of grants and funds in state treasury--Separate funds--Disbursement.
All grants or funds accepted for disbursement by the department under §§ 50-4-3 to 50-4-7, inclusive, shall be deposited in the state treasury, and, unless otherwise prescribed by the authority from which the grants or funds are received, kept in separate funds, designated according to the purposes for which the grants or funds were made available, and held by the state in trust for those purposes. All grants or funds are continuously appropriated for the purposes for which the grants or funds are made available, to be expended in accordance with those sections. The department may, whether acting for this state or as the agent of any airport sponsor, or if requested by any department or agency of the United States, disburse the grants or funds for their designated purposes.
Source: SDC 1939, § 2.0108 as added by SL 1945, ch 2; SL 1949, ch 2, § 5; SL 1997, ch 16, § 11; SL 2014, ch 222, § 26; SL 2019, ch 203, § 13.
50-4-12. Sale of aircraft fuel--Report--Violation as misdemeanor.
Each person engaged in selling aircraft fuel to retailers or consumers at wholesale, shall, on or before the fifteenth day of each month, file a sworn statement and report with the department, upon forms provided by the department, showing the number of gallons of aircraft fuel sold in South Dakota for use in aircraft. Any person failing to file such report is guilty of a Class 2 misdemeanor.
Source: SL 1989, ch 117, § 77; SL 2010, ch 227, § 29; SL 2020, ch 203, § 5.
50-4-13. Aircraft fuel tax revenues--Appropriation and use.
The aircraft fuel tax collected on aircraft fuel purchased, imported, received, or distributed for subsequent sale for use in aircraft shall be appropriated and used as provided in § 50-4-14.
Source: SL 1989, ch 117, § 78; SL 2020, ch 203, § 6.
50-4-14. Uses for aeronautics fund.
The state aeronautics fund and the accumulations to the fund as appropriated by the Legislature may be used for:
(1) The construction, development, and maintenance of public airports;
(2) The lighting, marking, and maintenance of runways, taxiways, and parking areas of public airports licensed by the commission, in proportion to the amount of the aircraft fuel tax paid on the aircraft fuel purchased for resale for use in aircraft at each public airport, as nearly as practicable, as to each airport the commission deems to be operated and maintained in accordance with the laws of this state, the rules of the commission, and the standards established by any agency of the United States, provided that the unrestricted use of the airport is at all times available to the general public for the taking off and landing of aircraft;
(3) The matching of any funds made available by the United States, this state, or any of the political subdivisions of this state for the purchase of sites for airports, and for the construction, development, and maintenance of the airports, in amounts the commission may determine; and
(4) The paying of salaries, office expenses, traveling, and other expenses of commission and department staff to carry out the responsibilities defined in chapter 50-2.
Source: SL 1989, ch 117, § 79; SL 1990, ch 377, § 5; SL 2010, ch 227, § 30; SL 2014, ch 222, § 27; SL 2019, ch 203, § 14.
50-4-15. Funds appropriated by § 50-4-14 not a limit.
The funds appropriated by § 50-4-14 may not be construed to be a limitation on moneys expendable by the commission for the purposes therein specified, notwithstanding other and further appropriations from the state general fund for said or similar purposes.
Source: SL 1989, ch 117, § 80; SL 1997, ch 16, § 13.
50-4-16. Portion of aircraft fuel tax revenues to be allocated to eligible airports.
The department shall make an allocation of a portion of the aircraft fuel tax collected 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 be determined by the department from the monthly reports required by § 50-4-12, and be based as nearly as practicable upon the amount of aircraft fuel tax collected on retail sales of aircraft fuel sold at each eligible airport for use in general aviation aircraft. The amount of aircraft fuel tax collected on aircraft fuel sales to airport sponsors shall be allocated separately by the department. Any remaining aircraft fuel tax collected under §§ 10-47B-1 and 10-47B-4 shall be placed in the aeronautics fund and be used by the commission as provided in § 50-4-14.
Source: SL 1989, ch 117, § 81; SL 2014, ch 222, § 28; SL 2019, ch 203, § 15.
