ENROLLED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 141
(Senator Yoder, original sponsor)
____________
[Passed March 9, 1995; in effect ninety days from passage.]
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AN ACT to repeal sections fifteen and sixteen, article two-a,
chapter twenty-nine of the code of West Virginia, one
thousand nine hundred thirty-one, as amended; to repeal
article two-b of said chapter; to amend and reenact
section eighteen, article fifteen, chapter eleven of said
code; to amend and reenact sections one, two, three, four,
five, seven, eleven, twenty and twenty-two, article two-a,
chapter twenty-nine of said code; and to further amend
said article by adding thereto six new sections,
designated sections eleven-a, eleven-b, eleven-c,
eleven-d, eleven-e and eleven-f, all relating to the state
aeronautics commission generally; repealing the
commission's authority relating to the licensing of air
schools and aeronautics instructors, the certification of
airport sites and the licensing of airports; repealing
provisions relating to the regulation of weather modification; purposes for which the commission may use
taxes on aircraft fuel; revising definitions relating to
aeronautics; amending definitions; replacing the state
road commissioner with the secretary of transportation as
a member of the commission; eliminating the commission's
general supervision of airports, air schools and
aeronautics; eliminating the commission's authority to
classify airports; eliminating the commission's
rule-making authority regarding air schools, the
classification of airports and the enforcement of the
federal air commerce act; legislative rules; commission
authority regarding investments with board of investments;
commission seal; qualification of and limitations on
director of aeronautics; eliminating police powers of and
enforcement of laws by commission, agents and employees;
removing designation of commission as agent regarding
federal moneys in certain circumstances; applications for
and receipts by political subdivisions for federal aid;
prohibiting the operation of aircraft while under the
influence of alcohol, controlled substances or drugs;
implied consent to test; tests for alcohol which may be
administered; use of test results; certain immunity from
liability incident to administering tests; interpretation
and use of chemical test; right to demand test; fee for
withdrawing blood sample and administering urine test; payment for fees; commission authority to inspect;
enforcement of aeronautics laws; commission orders,
notices and hearings; method of mailing notices; and
criminal penalties.
Be it enacted by the Legislature of West Virginia:
That sections fifteen and sixteen, article two-a, chapter
twenty-nine of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, be repealed; that article two-b
of said chapter be repealed; that sections one, two, three,
four, five, seven, eleven, twenty and twenty-two, article two-a
of said chapter be amended and reenacted; and that said article
be further amended by adding thereto six new sections,
designated sections eleven-a, eleven-b, eleven-c, eleven-d,
eleven-e and eleven-f, all to read as follows:
ARTICLE 2A. STATE AERONAUTICS COMMISSION.
§29-2A-1. Definitions.
As used in the statutes of West Virginia, unless the
context otherwise requires:
(a) "Aeronautics" means the art and science of flight,
including, but not limited to, transportation by aircraft; the
operation, construction, repair or maintenance of aircraft,
aircraft power plants and accessories, including the repair,
packing and maintenance of parachutes; and the design,
establishment, construction, extension, operation, improvement,
repair or maintenance of airports or other air navigation facilities.
(b) "Aircraft" means any contrivance now known, or
hereafter invented, used or designed for navigation of or
flight in the air.
(c) "Airmen" means any individual who engages, as the
person in command, or as pilot, mechanic or member of the crew,
in the navigation of the aircraft while under way and any
individual who is directly in charge of the inspection,
maintenance, overhauling or repair of aircraft engines,
propellers or appliances and any individual who serves in the
capacity of aircraft dispatcher or air-traffic control-tower
operator. It does not include any individual employed outside
the United States, or any individual employed by a manufacturer
of aircraft, aircraft engines, propellers or appliances to
perform duties as inspector or mechanic in connection
therewith, or any individual performing inspection or
mechanical duties in connection with aircraft owned or operated
by him.
(d) "Air navigation" or "navigation" means the operation
or navigation of aircraft in the air space over this state, or
upon any airport within this state.
(e) "Air navigation facility" means any facility other
than one owned or controlled by the federal government used in,
available for use in, or designed for use in aid of air
navigation, including airports, and any structures, mechanisms, lights, beacons, markers, communications system or other
instrumentalities or devices used or useful as an aid or
constituting an advantage or convenience to the safe taking
off, navigation, and landing of aircraft or the safe and
efficient operation or maintenance of an airport, and any
combination of any or all of such facilities.
(f) "Airport" means any area of land or water which is
used, or intended for use, for the landing and take off of
aircraft and any appurtenant areas which are used, or intended
for use, for airport buildings or other airport facilities or
rights-of-way, together with all airport buildings and
facilities located thereon.
(g) "Airport hazard" means any structure, object of
natural growth or use of land which obstructs the air space
required for the flight of aircraft in landing or taking off at
any airport or is otherwise hazardous to such landing or taking
off.
(h) "Commission" means the West Virginia state aeronautics
commission.
(i) "Director" means the director of aeronautics of this
state.
(j) "Municipality" means any county, city, town, village
or other political subdivision of this state. "Municipal"
means pertaining to a municipality as herein defined.
(k) "Operation of aircraft" or "operate aircraft" means the use, navigation or piloting of aircraft in the airspace
over this state or upon the ground within this state.
(l) "Person" means any individual, firm, copartnership,
corporation, company, association, joint stock association or
body politic and includes any trustee, receiver, assignee or
other similar representative thereof.
(m) The singular of any of the above defined terms shall
include the plural and plural the singular.
§29-2A-2. Creation and membership.
There is hereby created an aeronautics commission, to be
known as "The West Virginia State Aeronautics Commission", to
consist of five members to be appointed by the governor, by and
with the advice and consent of the Senate. One of such members
shall be the secretary of transportation ex officio, whose term
as such member shall continue for the period that he or she
holds the office of secretary of transportation. The other
four members of the commission shall be appointed by the
governor, each to serve a term beginning the first day of July,
one thousand nine hundred forty-seven, one to serve for a term
of one year, one to serve for a term of two years, one to serve
for a term of three years and one to serve for a term of four
years. The successors of the members (other than the secretary
of transportation) initially appointed as provided herein shall
be appointed for terms of four years each in the same manner as
the members originally appointed under this article, except that any person appointed to fill a vacancy occurring prior to
the expiration of the term for which his or her predecessor was
appointed shall be appointed only for the remainder of such
term. Each member shall serve until the appointment and
qualification of his or her successor. No more than three
members of the commission shall be members of the same
political party. All members of the commission shall be
citizens and residents of this state. The members of the
commission who shall be appointed by the governor as provided
by this section shall be selected with due regard to their
fitness by reason of their aeronautical knowledge and practical
experience in the field of aeronautics. In making such
appointments, the governor shall, so far as may be possible and
practicable, select the several members from different
geographical sections of the state.
No member shall receive any salary for his or her
services, but each shall be reimbursed for actual and necessary
expenses incurred by such member in the performance of his or
her duties in accordance with state travel rules.
§29-2A-3. Powers and duties of commission.
The commission shall assume, carry on and succeed to all
the duties, rights, powers, obligations and liabilities
heretofore belonging to, exercised by, or assumed by the state
board of aeronautics, pursuant to statutory authority
heretofore existing and as changed or modified by the provisions of this article. It may enter into any contracts
necessary to the execution of the powers granted to it by this
article. 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 act to coordinate
the aeronautical activities of these bodies and persons.
Municipalities are authorized to cooperate with the commission
in the development of aeronautics and aeronautics facilities in
this state. The commission is hereby given the power and
authority to make such rules as it may deem necessary and
advisable for the public safety, governing the designing,
laying out, locating, building, equipping and operating of all
airports and the conduct of all other phases of aeronautics.
The commission shall keep on file with the secretary of
state, and at the principal office of the commission, a copy of
all its rules and orders having general effect for public
inspection. It shall provide for the publication and general
distribution of all its orders, rules and procedures having
general effect. Copies of any such orders or rules shall be
delivered to any person interested, free of charge, upon
request. The publication and distribution of any such order or
rule as provided herein shall be sufficient notice to the public of the provisions, requirements and effect thereof.
Each rule of the commission shall be promulgated as a
legislative rule pursuant to the provisions of chapter twenty-
nine-a of this code.
Except where otherwise prohibited, the commission is
authorized to permit the state board of investments to invest,
as provided by this code, any funds received by the commission
pursuant to the provisions of this code.
§29-2A-4. Organization of commission; meetings; reports;
offices.
The commission shall make, and may from time to time
amend, rules for the administration of the powers granted to it
by this article as are not inconsistent therewith and as the
commission may deem expedient. The commission shall organize
by electing from among its members a chairman who shall serve
as such for a period of two years. Such chairman shall have
the power to sign documents, execute contracts and otherwise
act for and in the name of the commission in all matters within
the lawful powers of the commission and duly authorized by a
majority of its members.
The commission shall determine the number, date and place
of its regular meetings, but at least one such meeting shall be
held annually at the commission's established offices in the
city of Charleston. Whenever the convenience of the public or
of interested persons may be promoted, or delay or expense may be prevented, the commission may hold meetings, hearings or
proceedings at any other place designated by it.
The commission shall report in writing to the governor on
or before the thirty-first day of August of each year. The
report shall contain a summary of the commission's proceedings
during the preceding fiscal year, a detailed and itemized
statement of all revenue received and all expenditures made by
or on behalf of the commission, such other information as it
may deem necessary or useful and any additional information
which may be requested by the governor. The fiscal year of the
commission shall conform to the fiscal year of the state.
An office shall be established and maintained by the
commission in the city of Charleston. In addition, the
commission may establish and maintain such other offices within
the state as it may deem necessary and expedient.
§29-2A-5. Director of aeronautics; appointment,
qualifications, compensation, powers and duties;
administrative and other assistants.
A director of aeronautics shall be appointed by the
commission, who shall serve for an indefinite term at the
pleasure of the commission. The director shall be appointed
with due regard to his or her fitness, by aeronautical
education and by knowledge of and recent practical experience
in aeronautics, for the efficient dispatch of the powers and
duties vested in and imposed upon him by this article. The director shall hold or have held an airman's license issued by
the United States as described in section fourteen of this
article. The director shall devote his or her time to the
duties of his or her office as required and prescribed by this
article and shall not have any pecuniary interest in, or any
stock in, or bonds of, any civil aeronautical enterprise. The
director shall receive such compensation as the commission may
determine, which said compensation shall, however, conform in
general to the compensation received by persons occupying
positions of similar importance and responsibility with other
agencies of this state. The director shall be reimbursed for
all traveling and other expenses incurred by him or her in the
discharge of his or her official duties in accordance with
state travel rules. The director shall be the executive
officer of the commission and under its supervision shall
administer the provisions of this article and the rules and
orders established thereunder and all other laws of the state
relative to aeronautics. The director shall attend, but not
vote, at all meetings of the commission. The director shall
act as secretary of the commission and shall be in charge of
its offices and responsible to the commission for the
preparation of reports and the collection and dissemination of
data and other public information relating to aeronautics. 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 and
for which funds are provided in any appropriations act. The
commission may, by written order filed in its office, delegate
to the director any of the powers or duties vested or imposed
upon it by this article. Such delegated powers and duties may
be exercised by such director in the name of the commission.
The commission may also employ such administrative,
engineering, technical and clerical assistance as may be
required. The director and such other assistants may, under
the supervision of the commission, insofar as is reasonably
possible, make available the engineering and other technical
services of the commission, without charge to any municipality,
and with or without charge to any other person desiring them,
in connection with the construction, maintenance or operation,
or proposed construction, maintenance or operation of any
airport.
§29-2A-7. Federal aid.
(a) The commission is authorized to cooperate with the
government of the United States, and any agency or department
thereof, in the planning, acquisition, construction,
improvement, maintenance and operation of airports and other
air navigation facilities in this state and is authorized to
accept federal aid either outright or by way of matching the
same, in whole or in part, as may be required, and when funds
for matching are available to the commission, and to comply with the provisions of the laws of the United States and any
regulations made thereunder for the expenditure of federal
moneys upon such airports and other air navigation facilities.
(b) The commission is authorized to accept, receive and
receipt for federal moneys and other moneys, either public or
private, for and in behalf of this state, or any municipality
thereof, for the planning, acquisition, construction,
improvement, maintenance and operation of airports and other
air navigation facilities, whether such work is to be done by
the state or by such municipality, or jointly, aided by grants
of aid from the United States, upon such terms and conditions
as are or may be prescribed by the laws of the United States
and any rules or regulations made thereunder, and it is hereby
designated as the agency of the state, and is authorized to and
may act as agent of any municipality of this state upon the
request of such municipality, in accepting, receiving and
receipting for such moneys in its behalf for airports or other
air navigation facility purposes, and in contracting for the
planning, acquisition, construction, improvement, maintenance
or operation of airports or other air navigation facilities,
financed, either in whole or in part, by federal moneys; and
any such municipality is authorized to and may enter into an
agreement with the commission prescribing the terms and
conditions of such agency in accordance with federal laws,
rules and regulations and with this article. Such moneys as are paid over by the United States government shall be retained by
the state or paid over to said municipalities under such terms
and conditions as may be imposed by the United States
government in making such grants.
(c) All contracts for the planning, acquisition,
construction, improvement, maintenance and operation of
airports, or other air navigation facilities made by the
commission, either as the agent of the state or as the agent of
any municipality therein, shall be made pursuant to the laws of
this state governing the making of like contracts:
Provided,
That where the planning, acquisition, construction,
improvement, maintenance and operation of any airport or other
air navigation facility is financed wholly or partially with
federal moneys, the commission, as agent of the state or of any
municipality thereof, 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.
(d) All moneys accepted for disbursement by the commission
pursuant to this section shall be deposited in the state
treasury, and, unless otherwise prescribed by the authority
from which the money is received, 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 and shall be
expended in accordance with federal laws and regulations and
with the provisions of this article. The commission is
authorized, whether acting for this state or as the agent of
any municipality therein, when requested by the United States
government or any agency or department thereof, or when
requested by the state or municipality for which the money has
been made available, to disburse such moneys for the designated
purposes, but this shall not preclude any other authorized
method of disbursement.
(e) The state or any municipality therein is authorized to
cooperate with the government of the United States, and any
agency or department thereof, in the acquisition, construction,
improvement, maintenance and operation of airports and other
air navigation facilities in this state and is authorized to
accept federal aid, either by way of outright grant or by
matching the same, in whole or in part, as may be required, and
to comply with the provisions of the laws of the United States
and any regulations made thereunder for the expenditure of
federal moneys upon such airports and other navigation
facilities.
§29-2A-11. Operation of aircraft while under influence of
alcohol, controlled substances or drugs; criminal
penalties.
(a) Any person who:
(1) Operates an aircraft in this state while:
(A) He is under the influence of alcohol; or
(B) He is under the influence of any controlled substance;
or
(C) He is under the influence of any other drug; or
(D) He is under the combined influence of alcohol and any
controlled substance or any other drug; or
(E) He has an alcohol concentration in his or her blood of
four hundredths of one percent or more, by weight; and
(2) When so operating an aircraft does any act forbidden
by law or fails to perform any duty imposed by law in the
operation of such aircraft, which act or failure proximately
causes bodily injury to any person other than himself, is
guilty of a felony, and, upon conviction thereof, shall be
imprisoned in the penitentiary for a definite term of
imprisonment of not less than one year nor more than five
years, or in the discretion of the court, be confined in jail
not more than one year and be fined not more than five hundred
dollars.
(b) Any person who:
(1) Operates an aircraft in this state while:
(A) He is under the influence of alcohol; or
(B) He is under the influence of any controlled substance;
or
(C) He is under the influence of any other drug; or
(D) He is under the combined influence of alcohol and any
controlled substance or any other drug; or
(E) He has an alcohol concentration in his or her blood of
four hundredths of one percent or more, by weight;
(2) Is guilty of a misdemeanor, and, upon conviction
thereof, shall be confined in jail not more than one year or
fined not more than five hundred dollars, or both, in the
discretion of the court.
(c) Any person who:
(1) Knowingly permits his or her aircraft to be operated
in this state by any other person who is:
(A) Under the influence of alcohol; or
(B) Under the influence of any controlled substance; or
(C) Under the influence of any other drug; or
(D) Under the combined influence of alcohol and any
controlled substance or any other drug; or
(E) Has an alcohol concentration in his or her blood of
four hundredths of one percent or more, by weight;
(2) Is guilty of a misdemeanor, and, upon conviction
thereof, shall be confined in jail not more than one year or
fined not more than five hundred dollars, or both, in the
discretion of the court.
(d) A person violating any provision of subsection (a) of
this section is, for the second offense under this section, guilty of a felony, and, upon conviction thereof, shall be
imprisoned in the penitentiary for a definite term of
imprisonment of not less than one year nor more than five
years.
(e) A person violating any provision of subsection (b) or
(c) of this section is, for the second offense under this
section, guilty of a felony, and, upon conviction thereof,
shall be imprisoned in the penitentiary for a definite term of
imprisonment of not less than one year nor more than three
years.
(f) For purposes of subsections (d) and (e) of this
section relating to second and subsequent offenses, the
following types of convictions shall be regarded as convictions
under this section:
(1) Any conviction under the provisions of the prior
enactment of this section;
(2) Any conviction under a statute of the United States or
of any other state of an offense which has the same elements as
an offense described in subsection (a), (b) or (c) of this
section.
(g) A person may be charged in a warrant or indictment or
information for a second or subsequent offense under this
section if the person has been previously arrested for or
charged with a violation of this section which is alleged to
have occurred within the applicable time periods for prior offenses, notwithstanding the fact that there has not been a
final adjudication of the charges for the alleged previous
offense. In such case, the warrant or indictment or
information must set forth the date, location and particulars
of the previous offense or offenses. No person may be
convicted of a second or subsequent offense under this section
unless the conviction for the previous offense has become
final.
(h) The fact that any person charged with a violation of
subsection (a) or (b) of this section, or any person permitted
to operate an aircraft as described under subsection (c) of
this section, is or has been legally entitled to use alcohol,
a controlled substance or a drug shall not constitute a defense
against any charge of violating subsection (a), (b) or (c) of
this section.
(i) For purposes of this section, the term "controlled
substance" shall have the meaning ascribed to it in chapter
sixty-a of this code.
(j) When any person is convicted of violating any
provision of this section, the clerk of the court in which such
conviction is had shall, within seventy-two hours after such
conviction is had, transmit to the commission a certified
abstract of the judgment of conviction. The commission shall,
within seventy-two hours after receipt thereof, transmit a true
copy thereof to the federal aviation administration.
§29-2A-11a. Implied consent to test; administration at
direction of law-enforcement officer; designation of type
of test; definition of law-enforcement officer.
Any person who operates an aircraft in this state shall be
deemed to have given his or her consent by the operation
thereof to a preliminary breath analysis and a secondary
chemical test of either his or her blood, breath or urine for
the purposes of determining the alcoholic content of his or her
blood. A preliminary breath analysis may be administered in
accordance with the provisions of section eleven-b of this
article whenever a law-enforcement officer has reasonable cause
to believe a person to have committed an offense prohibited by
section eleven of this article. A secondary test of blood,
breath or urine shall be incidental to a lawful arrest and
shall be administered at the direction of the arresting law-
enforcement officer having reasonable grounds to believe the
person to have committed an offense prohibited by said section.
The law-enforcement agency by which such law-enforcement
officer is employed shall designate which one of the aforesaid
secondary tests shall be administered:
Provided,
That if the
test so designated is a blood test and the person so arrested
refuses to submit to such blood test, then the law-enforcement
officer making such arrest shall designate in lieu thereof
either a breath or urine test to be administered.
For the purpose of this article, the term "law-enforcement officer" means and is limited to: (1) Any member of the
division of public safety of this state; (2) any sheriff and
any deputy sheriff of any county; (3) any member of a police
department in any municipality as defined in section two,
article one, chapter eight of this code; and (4) any
conservation officer of the division of natural resources. If
any municipality or the division of natural resources does not
have available to its law-enforcement officers the testing
equipment or facilities necessary to conduct any secondary test
which a law-enforcement officer may administer under this
article, any member of the West Virginia state police, the
sheriff of the county wherein the arrest is made or any deputy
of such sheriff or any municipal law-enforcement officer of
another municipality within the county wherein the arrest is
made may, upon the request of such arresting law-enforcement
officer and in his or her presence, conduct such secondary test
and the results of such test may be used in evidence to the
same extent and in the same manner as if such test had been
conducted by such arresting law-enforcement officer. Only the
person actually administering or conducting such test shall be
competent to testify as to the results and the veracity of such
test.
§29-2A-11b. Preliminary analysis of breath to determine
alcoholic content of blood.
When a law-enforcement officer has reason to believe a person has committed an offense prohibited by section eleven of
this article, the law-enforcement officer may require such
person to submit to a preliminary breath analysis for the
purpose of determining such person's blood alcohol content.
Such breath analysis must be administered as soon as possible
after the law-enforcement officer has a reasonable belief that
the person has been operating an aircraft while under the
influence of alcohol, controlled substances or drugs. Any
preliminary breath analysis required under this section must be
administered with a device and in a manner approved by the
bureau of public health for that purpose. The results of a
preliminary breath analysis shall be used solely for the
purpose of guiding the officer in deciding whether an arrest
should be made. When an operator is arrested following a
preliminary breath analysis, the tests as hereinafter provided
in this article shall be administered in accordance with the
provisions thereof.
§29-2A-11c. How blood test administered; additional test at
option of person tested; use of test results; certain
immunity from liability incident to administering test.
Only a doctor of medicine or osteopathy, or registered
nurse, or trained medical technician at the place of his or her
employment, acting at the request and direction of the
law-enforcement officer, may withdraw blood for the purpose of
determining the alcoholic content thereof. These limitations shall not apply to the taking of a breath test or a urine
specimen. In withdrawing blood for the purpose of determining
the alcoholic content thereof, only a previously unused and
sterile needle and sterile vessel may be utilized and the
withdrawal shall otherwise be in strict accord with accepted
medical practices. A nonalcoholic antiseptic shall be used for
cleansing the skin prior to venepuncture. The person tested
may, at his or her own expense, have a doctor of medicine or
osteopathy, registered nurse or trained medical technician at
the place of his or her employment, of his or her own choosing,
administer a chemical test in addition to the test administered
at the direction of the law-enforcement officer. Upon the
request of the person who is tested, full information
concerning the test taken at the direction of the law-
enforcement officer shall be made available to him or her. No
person who administers any such test upon the request of a law-
enforcement officer as herein defined, no hospital in or with
which such person is employed or is otherwise associated or in
which such test is administered and no other person, firm or
corporation by whom or with which such person is employed or is
in any way associated, may be in anyway criminally liable for
the administration of such test or civilly liable in damages to
the person tested unless for gross negligence or willful or
wanton injury.
§29-2A-11d. Interpretation and use of chemical test.
(a) (1) Upon trial for the offense of operating an
aircraft in this state while under the influence of alcohol,
controlled substances or drugs, or upon the trial of any civil
or criminal action arising out of acts alleged to have been
committed by any person operating an aircraft while under the
influence of alcohol, controlled substances or drugs, evidence
of the amount of alcohol in the person's blood at the time of
the arrest or of the acts alleged, as shown by a chemical
analysis of his or her blood, breath or urine, is admissible,
if the sample or specimen was taken within two hours from and
after the time of arrest or of the acts alleged, and shall give
rise to the following presumption or have the following effect:
Evidence that there was, at that time, four hundredths of one
percent or more, by weight, of alcohol in his or her blood,
shall be prima facie evidence that the person was under the
influence of alcohol.
(2) Percent by weight of alcohol in the blood shall be
based upon milligrams of alcohol per one hundred cubic
centimeters of blood.
(b) A chemical analysis of a person's blood, breath or
urine, in order to give rise to the presumption or to have the
effect provided for in subsection (a) of this section, must be
performed in accordance with methods and standards approved by
the state bureau of public health. A chemical analysis of
blood or urine to determine the alcoholic content of blood shall be conducted by a qualified laboratory or by the state
police scientific laboratory of the criminal identification
bureau of the West Virginia state police.
(c) The provisions of this article shall not limit the
introduction in any administrative or judicial proceeding of
any other competent evidence bearing on the question of whether
the person was under the influence of alcohol, controlled
substances or drugs.
§29-2A-11e. Right to demand test.
Any person lawfully arrested for operating an aircraft in
this state while under the influence of alcohol, controlled
substances or drugs shall have the right to demand that a
sample or specimen of his or her blood, breath or urine be
taken within two hours from and after the time of arrest and
that a chemical test thereof be made. The analysis disclosed
by such chemical test shall be made available to such arrested
person forthwith upon demand.
§29-2A-11f. Fee for withdrawing blood sample and making urine
test; payment of fees.
A reasonable fee shall be allowed to the person
withdrawing a blood sample or administering a urine test at the
request and direction of a law-enforcement officer in
accordance with the provisions of this article. If the person
whose blood sample was withdrawn or whose urine was tested was
arrested and charged with a violation of section eleven of this article, the county having venue of such charge shall pay said
fee and if said person is subsequently convicted of such
charge, such fee shall be taxed as a part of the costs of the
criminal proceeding and shall be paid, notwithstanding any
other provision of this code to the contrary, into the general
fund of said county.
§29-2A-20. Enforcement of aeronautics laws.
It shall be the duty of the commission, its members, the
director, officers and such employees of the commission as may
be designated by it, and every state and municipal officer
charged with the enforcement of state and municipal laws, to
enforce and assist in the enforcement of this article and of
all rules 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 aircraft, the
credentials of any airman or other person engaged in
aeronautics required by the laws of this state or of the United
States to have in his or her possession credentials evidencing
his or her authority or permission to engage in aeronautics,
any premises and the buildings and other structures thereon,
where airports, air navigation facilities or other aeronautical
activities are operated or conducted.
The commission is authorized in the name of the state to
enforce the provisions of this article and the rules and orders issued pursuant thereto by injunction or other legal process in
the courts of this state.
§29-2A-22. Commission orders, notices and opportunity for
hearings.
Every order of the commission requiring performance of
certain acts or compliance with certain requirements and any
denial or revocation of an approval shall set forth the reasons
and shall state the acts to be done or requirements to be met
before approval by the commission will be given or the approval
granted or restored or the order modified or changed. Orders
issued by the commission pursuant to the provisions of this
article shall be served upon the persons affected either by
certified mail or in the manner provided by section one,
article two, chapter fifty-six of this code. In every case
where notice and opportunity for hearing are required under the
provisions of this article, the order of the commission shall,
on not less than ten days' notice, specify a time when and
place where the person affected may be heard, or the time
within which he may request a 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 commission shall affirm, disaffirm
or modify such order after hearing held or default by the
person affected.
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