MISSISSIPPI LEGISLATURE
2022 Regular Session
To: Ports, Harbors and Airports
By: Representatives Banks, Bell (65th), Stamps, Brown (70th), Crudup
AN ACT TO REPEAL SECTION 61-3-6, MISSISSIPPI CODE OF 1972, WHICH CREATES THE JACKSON METROPOLITAN AREA AIRPORT AUTHORITY; TO AMEND SECTIONS 61-3-3 AND 61-3-5, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PROVISIONS OF THIS ACT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 61-3-6, Mississippi Code of 1972, which creates the Jackson Metropolitan Area Airport Authority, is repealed.
SECTION 2. Section 61-3-3, Mississippi Code of 1972, is amended as follows:
61-3-3. The following words or terms, whenever used or referred to in this chapter, shall have the following respective meanings unless different meanings clearly appear from the context:
(a) "Airport" means any area of land or water which is used, or intended for use, for the landing and taking 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, or for other appropriate purposes, including buffer areas and areas for airport-compatible development, together with all buildings and facilities located thereon.
(b) "Airport-related contracts, leases and other arrangements" means any leases, contracts or other arrangements entered into by an authority in accordance with Section 61-3-21 other than any:
(i) Unrelated contracts, leases and other arrangements, as defined in this section; and
(ii) Leases, contracts or other arrangements related primarily to buffer areas or other such areas for airport-compatible development and any buildings or facilities located thereon.
(c) "Airport authority" or "authority" means any regional airport or municipal airport authority created pursuant to the provisions of this chapter.
(d) "Airport hazard" means any structure, object or natural growth, or use of land which obstructs the airspace required for the flight of aircraft in landing or taking off at an airport, or is otherwise hazardous to such landing or taking off of aircraft.
(e) "Air navigation facility" means any facility other than one owned and operated by the United States, used in, available for use in, or designed for use in aid of air navigation, including any structures, mechanisms, lights, beacons, markers, communicating systems, 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) "Clerk" means the custodian of the official records of a municipality.
( * * *g) "Bonds" means any bonds,
notes, interim certificates, debentures or similar obligations issued by an
authority pursuant to this chapter.
( * * *h) "Governing body" means
the official or officials authorized by law to exercise ordinance or other
lawmaking powers of a municipality.
( * * *i) "Local government" means
any local governmental unit as defined in Section 17-13-5.
( * * *j) "Municipal airport
authority" or "municipal authority" means a municipal airport
authority created pursuant to the provisions of Section 61-3-5 * * *.
( * * *k) "Municipality" means any
county, supervisors district or supervisors districts, or all that portion of
the county lying outside the territorial boundaries of any named city, town or
village, and a city, town and village of this state or any state-supported
institution of higher learning or any public community or junior college.
( * * *l) "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.
( * * *m) "Regional airport
authority" or "regional authority" means a regional airport
authority created pursuant to the provisions of Section 61-3-7.
( * * *n) "Unrelated contracts, leases
and other arrangements" means any lease, contract or other arrangement
entered into by the authority in accordance with Section 61-3-21 pursuant to
which the current, primary use of the structures, improvements or other
facilities erected, installed, constructed or located in connection therewith
are substantially unrelated to the support of the following airport-related
activities:
(i) The taking off and landing of commercial and private aircraft at the airport or air navigation facility;
(ii) The maintenance or repair of commercial or private aircraft taking off and landing at the airport or air navigation facility;
(iii) The storage, via hanger or otherwise, of commercial or private aircraft taking off and landing at the airport or air navigation facility;
(iv) The shipping or transporting of freight by aircraft at the airport or air navigation facility;
(v) The provision of ground and air transportation services to commercial or private aircraft passengers;
(vi) The supplying of goods, commodities, things, services or facilities primarily:
1. To commercial and private aircraft taking off and landing at the airport or air navigation facility; or
2. Within the airport terminal building to commercial or private aircraft passengers in the process of traveling on such aircraft.
(vii) Any fixed base operator activities providing aviation services at the airport or air navigation facility.
SECTION 3. Section 61-3-5, Mississippi Code of 1972, is amended as follows:
61-3-5. Any municipality or
a state-supported institution of higher learning or a public community or
junior college, by resolution, may create a public body, corporate and politic,
to be known as a municipal airport authority, which shall be authorized to
exercise its functions upon the appointment and qualification of the first
commissioners thereof. Upon the adoption of a resolution creating a municipal
airport authority, the governing body of the municipality or of the state-supported
institution of higher learning or other public community or junior college,
pursuant to the resolution, shall appoint five (5) persons as commissioners of
the authority. The commissioners who are first appointed shall be designated
to serve for terms of one (1), two (2), three (3), four (4) and five (5) years,
respectively. Thereafter, each commissioner shall be appointed for a term of
five (5) years, except that vacancies occurring otherwise than by the
expiration of term shall be filled for the unexpired term in the same manner as
the original appointments. * * *
SECTION 4. This act shall take effect and be in force from and after July 1, 2022.