AB1089: Bill Text

AB1089, s. 54 Section 54. 114.33 (8) of the statutes is amended to read:

AB1089,27,16 114.33 (8) (a) The secretary, upon the petition of a sponsoring municipality or district, may provide that all or certain parts of the required land or interests in land may be acquired by the municipality or district named by the secretary. When so provided, the municipality or district and the secretary shall appraise and set the maximum price, including damages, considered reasonable for the lands or interests to be so acquired. The municipality or district shall endeavor to obtain easements or title in fee simple by conveyance of the lands or interests required, as directed in the secretary's order. The instrument of conveyance shall name the municipality or municipalities district as grantee and shall be subject to approval by the secretary, and shall be recorded in the office of the register of deeds and filed with the secretary. If the needed lands or interests in lands cannot be purchased expeditiously within the appraised price, the municipality or district may acquire them by condemnation, as provided in s. 32.05.

AB1089,27,20 (b) Any property of whatever nature acquired in the name of a city, village or, town, or district pursuant to this section or any predecessor shall be conveyed to the state without charge by the city, village or, town, or district when so ordered by the secretary.

AB1089,28,2 (c) The municipality or district when so ordered by the secretary shall sell at public or private sale, subject to the conditions and terms authorized by the secretary, any and all buildings, structures, or parts thereof, and any other fixtures or personalty acquired in the name of the municipality or district under this section or any predecessor. The proceeds from the sale shall be deposited with the state in the appropriate airport fund and the expense incurred in connection with the sale shall be paid from that fund.

AB1089, s. 55 Section 55. 114.33 (9) of the statutes is amended to read:

AB1089,28,7 114.33 (9) The cost of the lands and interests acquired and damages allowed pursuant to this section, incidental expenses and the customary per diem and expenses of the municipality or district incurred in performing duties pursuant to this section, shall be paid out of the available airport improvement funds.

AB1089, s. 56 Section 56. 114.33 (11) of the statutes is amended to read:

AB1089,28,15 114.33 (11) Subject to the approval of the governor, the secretary may convey lands or interests in lands acquired under this section and improvements installed on those lands to municipalities or districts named in the secretary's order. The conveyance of the lands or interests in lands and improvements shall restrict the use of the premises by the municipality or district to the uses for which they were acquired, except that the lands or interests in lands declared by the secretary to be excess may be conveyed without restrictions as to use.

AB1089, s. 57 Section 57. 114.33 (13) of the statutes is amended to read:

AB1089,28,19 114.33 (13) Subsections (6) to (12) do not apply to lands or interests in lands associated with projects for public-use airports which are not owned by a county, city, village or town city, village, town, county, or district.

AB1089, s. 58 Section 58. 219.09 (1) (g) of the statutes is created to read:

AB1089,28,21 219.09 (1) (g) Bonds issued by a local airport district under subch. VI of ch. 229.

AB1089, s. 59 Section 59. Subchapter VI of chapter 229 [precedes 229.860] of the statutes is created to read:

AB1089,28,24 CHAPTER 229

AB1089,29,2 subchapter vi local airport districts

AB1089,29,3 229.860 Definitions. In this subchapter:

AB1089,29,7 (1) "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.

AB1089,29,10 (2) "Airport facilities" means all district property, tangible or intangible, owned in whole or in part, operated, or leased by a district that is principally related to facilities used, available for use, or designed for use, for or by any of the following:

AB1089,29,11 (a) The navigation, landing, or take-off of aircraft.

AB1089,29,12 (b) The safety, security, storage, maintenance, servicing, or repair of aircraft.

AB1089,29,14 (c) The security, comfort, and convenience of airport personnel and the users of air transportation.

AB1089,29,15 (d) Mail service.

AB1089,29,16 (e) Military and national guard units.

AB1089,29,18 (f) The safe and efficient operation and maintenance of an airport, and all appurtenant areas used for airport facilities, and all appurtenant rights-of-way.

AB1089,29,20 (3) "Bond" means any bond, note, or other obligation issued under s. 66.0621 by a district.

AB1089,29,24 (4) "Chief elected official" means the mayor of a city or, if the city is organized under subch. I of ch. 64, the president of the council of that city, the village president of a village, or the county executive of a county or, if the county does not have a county executive, the chairperson of the county board of supervisors.

AB1089,29,25 (5) "District" means a special purpose district created under this subchapter.

AB1089,30,1 (6) "District board" means the governing board of a district.

AB1089,30,3 (7) "Enabling resolution" means a resolution adopted by the governing body of a local governmental unit to create a district.

AB1089,30,4 (8) "FAA" means the federal aviation administration.

AB1089,30,6 (9) "FAA approval date" means the earliest date on which all of the following are in effect:

AB1089,30,8 (a) The issuance, by the FAA to the district assuming jurisdiction of an airport, of a certificate under 14 CFR 139 with respect to such airport.

AB1089,30,11 (b) The concurrence by the FAA of the designation of the district as a sponsor of such airport, including the FAA's approval of the assignment of existing grant agreements to the district.

AB1089,30,12 (10) "Local governmental unit" means any city, village, or county.

AB1089,30,13 (11) "Political subdivision" means any city, village, town, or county.

AB1089,30,15 (12) "PFC" means a passenger facility charge authorized under 49 USC 40117 and designated as a passenger facility charge under 14 CFR 158.

AB1089,30,17 (13) "Sponsor" means the public agency authorized by 49 USC 47102 (24) to submit requests for financial assistance from the FAA.

AB1089,30,19 (14) "Surrounding community" means the city of Cudahy, Oak Creek, St. Francis, or South Milwaukee.

AB1089,30,23 (15) "Transfer agreement" means a contract between a district and a local governmental unit that provides the terms and conditions upon which airport facilities and the operation of the facilities are transferred by a local governmental unit to a district.

AB1089,31,5 229.861 Creation, organization, and administration. (1) (a) There is created, for each jurisdiction described under s. 229.862 (1), upon the appointment and qualification of the members of its district board constituting a quorum, a district that is a unit of local government, that is a body corporate and politic, that is separate and distinct from, and independent of, the state and the political subdivisions within its jurisdiction, that has the powers under s. 229.863 and the name of which includes "Airport District."

AB1089,31,10 (b) One or more local governmental units may create a district that is a unit of local government, that is a body corporate and politic, that is separate and distinct from, and independent of, the state and the political subdivisions within its jurisdiction, that has the powers under s. 229.863 and the name of which includes "Airport District", if all of the following occur:

AB1089,31,13 1. Each local governmental unit adopts an identical enabling resolution declaring the need for, and establishing, a district and identifying the district's jurisdiction, as described under s. 229.862 (2).

AB1089,31,15 2. The enabling resolution adopted by each local governmental unit is signed by that unit's chief elected official.

AB1089,31,16 3. The signed enabling resolution is filed with the secretary of transportation.

AB1089,31,17 4. The members of the district board are appointed and qualified.

AB1089,31,18 (2) A district is governed by its district board.

AB1089,31,20 (3) If the district is created under sub. (1) (a), the district board consists of the members specified and appointed as follows:

AB1089,31,24 (a) Four members of the district board shall be appointed by the governor to 4-year terms expiring on July 1, and 3 members of the district board shall be appointed by the chief elected official of the county in which the airport described under s. 229.862 (1) is located to 4-year terms expiring on July 1, except that:

AB1089,32,5 1. One of the governor's initial appointments and one of the chief elected official's initial appointments shall expire on July 1 of the 3rd year beginning after the year of creation of a district. The member appointed by the governor under this subdivision, and every successor to the member appointed by the governor under this subdivision, shall be a resident of a surrounding community.

AB1089,32,11 2. One of the governor's initial appointments and one of the chief elected official's initial appointments shall expire on July 1 of the 4th year beginning after the year of creation of a district. The member appointed by the chief elected official under this subdivision, and every successor to the member appointed by the chief elected official under this subdivision, shall be a resident of a surrounding community.

AB1089,32,14 3. One of the governor's initial appointments and one of the chief elected official's initial appointments shall expire on July 1 of the 5th year beginning after the year of creation of a district.

AB1089,32,16 4. One of the governor's initial appointments shall expire on July 1 of the 6th year beginning after the year of creation of a district.

AB1089,33,2 (b) 1. A member appointed by the governor may take his or her seat immediately upon appointment and qualification, subject to confirmation or rejection by the senate. Three of the members appointed by the governor shall reside within the jurisdiction of the regional planning commission created under s. 66.0309 in which the airport described under s. 229.862 (1) is located, and one member appointed by the governor may not reside within that area. If the airport is located in an area that is not within the jurisdiction of a regional planning commission, 3 of the members appointed by the governor shall reside in the county in which the airport is located, and one member appointed by the governor may not reside within that county.

AB1089,33,5 2. A member appointed by the chief elected official may take his or her seat immediately upon appointment and qualification, subject to confirmation or rejection by the county board.

AB1089,33,9 (c) No member appointed under par. (a) may hold a state or political subdivision elective office or be an employee of the senate or any political subdivision. A member appointed under par. (a) may be removed before the expiration of his or her term by the appointing authority but only for cause, as defined in s. 17.001.

AB1089,33,16 (d) Members of the district board may serve any number of terms, except that no member of the district board may serve more than 2 consecutive terms. Vacancies shall be filled by the appointing authority who appointed the person whose office is vacant. A person appointed to fill a vacancy shall serve for the remainder of the unexpired term to which he or she is appointed, unless removed at an earlier time, and such service shall be considered one term for purposes of determining consecutive terms of office.

AB1089,33,18 (e) The term of a member of a district board expires or terminates upon the earliest occurrence of one of the following:

AB1089,33,19 1. The term for which the member was appointed expires.

AB1089,33,21 2. A member becomes an elected public official or an employee of a governmental body.

AB1089,33,23 3. A member subject to a residency requirement establishes a nonqualifying residence.

AB1089,33,25 4. The member is removed by the appointing authority for cause, as defined in s. 17.001.

AB1089,34,2 (4) If the district is created under sub. (1) (b), the district board consists of the members specified and appointed as follows:

AB1089,34,6 (a) Subject to pars. (c) and (d), 5 members of the district board shall be appointed by the chief elected official of the creating local governmental unit to 4-year terms expiring on July 1, each of whom shall be a resident of the local governmental unit.

AB1089,34,10 (b) Subject to pars. (c) and (d), 2 members of the district board shall be appointed by the chief elected official of the creating local governmental unit to 4-year terms expiring on July 1, neither of whom may be a resident of the county in which the largest airport in the district is located in whole or in part.

AB1089,34,12 (c) 1. Two of the chief elected official's initial appointments shall expire on July 1 of the 3rd year beginning after the year of creation of a district.

AB1089,34,14 2. Two of the chief elected official's initial appointments shall expire on July 1 of the 4th year beginning after the year of creation of a district.

AB1089,34,16 3. Three of the chief elected official's initial appointments shall expire on July 1 of the 5th year beginning after the year of creation of a district.

AB1089,34,20 (d) If a district is created by more than one local governmental unit, the appointment of district board members shall be allocated between the participating units based on an agreement entered into by all of the creating local governmental units. The agreement shall be specified in the enabling resolutions.

AB1089,34,22 (e) A member appointed under this subsection may not take his or her seat until he or she is confirmed by the local government unit's governing body.

AB1089,34,24 (f) Paragraphs (c) to (e) of sub. (3), as they apply to members appointed under sub. (3), apply to members appointed under this subsection.

AB1089,35,9 (5) (a) Upon the appointment and qualification of a majority of the members of a district board, and prior to the FAA approval date, the district board may organize and exercise the powers and duties of a district board under this subchapter, but only to the extent that is necessary to allow the district board to work with a county described in s. 229.862 (1) to obtain the FAA certificate and designation described in s. 229.860 (9). Until the FAA approval date, the county described in s. 229.862 (1) has sole actual authority to act on behalf of an airport that the county owns or operates, unless the county authorizes the district board to exercise some of the county's authority.

AB1089,35,13 (b) Officers and employees of the local governmental unit that created the district, or that owns or operates an airport described in s. 229.862 (1), and members of the district board, shall actively cooperate to obtain FAA recognition of the district as the sponsor of the airport, and to obtain FAA approval of a transfer agreement.

AB1089,35,16 (6) (a) The district board shall elect from its membership a chairperson, a vice chairperson, a secretary, and a treasurer, each of whom shall serve for one-year terms, unless another term is specified in the bylaws.

AB1089,35,18 (b) Four members of the district board constitute a quorum and the affirmative vote of a majority of a quorum is necessary for the district board to take any action.

AB1089,35,20 (7) The district board shall name the district, and the name shall include "Airport District."

AB1089,35,22 (8) The members of the district board shall be reimbursed for their actual and necessary expenses incurred in the performance of their duties.

AB1089,36,3 229.862 Jurisdiction. (1) With regard to a county that on the effective date of this subsection .... [revisor inserts date], owns or operates an airport classified by the FAA as a transport airport which provides scheduled air transportation services and which had in excess of 2,000,000 scheduled passenger enplanements during the preceding 12-month period, the initial jurisdiction of the district created under s. 229.861 (1) (a) is the territory of that airport.

AB1089,36,9 (2) The initial jurisdiction of a district created under s. 229.861 (1) (b) includes all or part of the territory of a local governmental unit, as specified in the enabling resolution, except that no territory may be within the jurisdiction of more than one district and no local governmental unit may create a district having jurisdiction over an airport owned or operated by another unit of government without the consent of that other unit of government.

AB1089,36,14 (3) The jurisdiction of any district shall expand beyond its initial jurisdiction to include any additional territory that is owned or leased by the district, and shall contract from its initial jurisdiction to exclude any territory that is no longer owned or leased by the district. The jurisdiction of a district may include territories that are not contiguous or that are located in multiple units of government.

AB1089,36,17 229.863 Powers of a district. A district has all of the powers necessary or convenient to carry out the purposes and provisions of this subchapter. In addition to all other powers granted by this subchapter, a district may do all of the following:

AB1089,36,18 (1) Adopt bylaws to govern the district's activities, subject to this subchapter.

AB1089,36,19 (2) Sue and be sued in its own name, plead and be impleaded.

AB1089,36,20 (3) Maintain an office.

AB1089,36,21 (4) In connection with airport facilities:

AB1089,36,23 (a) Acquire, construct, equip, maintain, improve, operate, and manage property, interests, or easements in property.

AB1089,36,24 (c) Grant concessions.

AB1089,37,10 (d) Enter into contracts, subject to such standards as may be established by the district board. The district board may award any such contract for any combination or division of work it designates and may consider any factors in awarding a contract, including price, time for completion of work, and qualifications and past performance of a contractor. Subject to s. 66.0901, all contracts for the construction, repair, remodeling, and improvement of any public work, the estimated costs of which exceed $100,000, shall be let by contract to the lowest qualified and competent bidder, except that no professional services contracts are subject to the lowest qualified and competent bidder requirement. The district may reject any bid that is submitted under this paragraph.

AB1089,37,15 (e) Enter into contracts, leases, franchises, or other agreements with any person for granting the privilege of using, improving, or having access to an airport or any airport facility for commercial airline-related purposes consistent with its obligations under federal law, regulations, and assurances associated with accepting grants from the FAA or any other agency of the United States or this state.

AB1089,37,19 (f) Enter into contracts or agreements, that are necessary or incidental to the performance of its duties and execution of its powers, with any department or agency of the United States, with any state or local governmental agency, or with any other person, including transfer agreements and guarantee agreements.