MISSISSIPPI LEGISLATURE

2019 Regular Session

To: Ways and Means

By: Representative Haney

House Bill 1092

AN ACT TO AMEND SECTION 61-3-21, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT CERTAIN STRUCTURES, IMPROVEMENTS OR FACILITIES ERECTED ON THE PROPERTY OF AIRPORTS OR AIR NAVIGATION FACILITIES ESTABLISHED UNDER THE AIRPORT AUTHORITIES LAW SHALL BE EXEMPT FROM AD VALOREM TAXES ONLY IF THE CURRENT, PRIMARY USE OF SUCH STRUCTURES, IMPROVEMENTS AND FACILITIES BEAR A REAL, SUBSTANTIAL AND DIRECT RELATION TO THE TAKING OFF OF AIRCRAFT OR OTHER AERONAUTICAL PURPOSES; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 61-3-21, Mississippi Code of 1972, is amended as follows:

     61-3-21.  (1)  In connection with the operation of an airport or air navigation facility owned or controlled by an authority, the authority may enter into contracts, leases and other arrangements for terms not to exceed fifty (50) years with any persons:

          (a)  Granting the privilege of using or improving the airport or air navigation facility or any portion or facility thereof or space therein for commercial purposes;

          (b)  Conferring the privilege of supplying goods, commodities, things, services or facilities at the airport or air navigation facility; and

          (c)  Making available services to be furnished by the authority or its agents at the airport or air navigation facility.

     In each case the authority may establish the terms and conditions and fix the charges, rentals or fees for the privileges or services, which shall be reasonable and uniform for the same class of privilege or service and which shall be established with due regard to the property and improvements used and the expenses of operation to the authority.  In no case shall the public be deprived of its rightful, equal and uniform use of the airport, air navigation facility or portion or facility * * *thereof of the airport or air navigation facility.

     (2)  Except as may be limited by the terms and conditions of any grant, loan or agreement authorized by Section 61-3-25, * * *Mississippi Code of 1972, an authority may, by contract, lease or other arrangements, upon a consideration fixed by it, grant to any qualified person for a term not to exceed fifty (50) years, the privilege of operating, as agent of the authority or otherwise, any airport owned or controlled by the authority * * *.; however, no person shall be granted any authority to operate an airport other than as a public airport or to enter into any contracts, leases or other arrangements in connection with the operation of the airport which the authority might not have undertaken under subsection (1) of this section.

     (3)  All contracts, leases and other arrangements entered into * * * pursuant tounder this section are deemed to serve a public and governmental purpose as a matter of public necessity; therefore, all such contracts, leases, and other arrangements and all structures, improvements and other facilities erected, installed, constructed or located in connection * * *therewith with with such contracts, leases and other arrangements on an airport or air navigation facility owned or controlled by an authority, or any portion of facility * * * thereof of an airport or air navigation facility or space * * * thereinin such structures, improvements or facilities, shall be * * * free and exempt from ad valorem taxes on real property and personal property for so long as may otherwise be lawful * * *, if the current, primary use of such structures, improvements and facilities bear a real, substantial and direct relation to the taking off of aircraft or other aeronautical purposes, including, but not limited to, the manufacturing or maintenance of aircraft or component parts of aircraft, shipping or transporting freight by aircraft at the airport, or providing transportation to airline passengers and the charges, rentals and fees received by an authority in connection with such contracts, leases and other arrangements shall be deemed to be in lieu of said taxes.

     SECTION 2.  This act shall take effect and be in force from and after its passage.