MISSISSIPPI LEGISLATURE

2001 Regular Session

To: Highways and Transportation

By: Senator(s) Minor

AN ACT TO AMEND SECTION 61-1-3, MISSISSIPPI CODE OF 1972, TO MAKE IT CLEAR THAT PRIVATELY-OWNED AIRPORTS THAT ARE OPEN TO THE GENERAL PUBLIC AND ARE OTHERWISE ELIGIBLE TO RECEIVE FEDERAL FUNDS ARE INCLUDED WITHIN THE DEFINITION OF THE TERM "AERONAUTICS"; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 61-1-3, Mississippi Code of 1972, is amended as follows:

61-1-3. For the purpose of the laws of this state relating to aeronautics the following words, terms and phrases shall have the meanings herein given, unless otherwise specifically defined, or unless another intention clearly appears, or the context otherwise requires:

(a) "Aeronautics" means transportation by aircraft; the operation, construction, repair or maintenance of aircraft, aircraft power plants and accessories; the design, establishment, construction, extension, operation, improvement, repair or maintenance of airports or other air navigation facilities, including, but not limited to, privately-owned airports that are open to the general public and are otherwise eligible to receive federal funds; and air instruction;

(b) "Aircraft" means any contrivance now known or hereafter invented, used or designed for navigation of or flight in the air;

(c) "Public aircraft" means an aircraft exclusively in the service of any government or of any political subdivision thereof, including the government of any state, territory or possession of the United States or the District of Columbia, but not including any government-owned aircraft engaged in carrying persons or property for commercial purposes;

(d) "Civil aircraft" means any aircraft other than a public aircraft;

(e) "Airport" means any area of land or water which is designed for the landing and take off of aircraft, whether or not facilities are provided for the shelter, servicing or repair of aircraft, or for receiving or discharging passengers or cargo, and all appurtenant areas used or suitable for airport buildings or other airport facilities, and all appurtenant rights-of-way, whether heretofore or hereafter established;

(f) "Commission" means the Mississippi Transportation Commission;

(g) "State" or "this state" means the State of Mississippi;

(h) "Director" means the Executive Director of the Mississippi Department of Transportation or his designee.

(i) "Air navigation" means the operation or navigation of aircraft in the air space over this state, or upon any airport within this state;

(j) "Operation of aircraft" or "operate aircraft" means the use of aircraft for the purpose of air navigation, and includes the navigation or piloting of aircraft. Any person who causes or authorizes the operation of aircraft, whether with or without the right of legal control (in the capacity of owner, lessee, or otherwise) of the aircraft, shall be deemed to be engaged in the operation of aircraft within the meaning of the statutes of this state;

(k) "Person" means any individual, firm, partnership, corporation, company, association, joint stock association, or body politic, and includes any trustee, receiver, assignee or other similar representative thereof;

(l) "Navigable air space" means air space above the minimum altitudes of flight prescribed by the laws of the United States;

(m) "Municipality" means any county, incorporated city, village or town of this state and any other political subdivision or district in this state which is or may be authorized by law to acquire, establish, construct, maintain, improve and operate airports and other air navigation facilities;

(n) The Mississippi Aeronautics Chart, published annually, will identify "private airport," and if an airport is open to the public, as determined by the owner, the chart will note "open to the public" under the airport identifier.

The singular shall include the plural, and the plural the singular.

SECTION 2. This act shall take effect and be in force from and after July 1, 2001.