AB1089: Bill Text

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.

AB1089,37,21 (g) Enter into contracts or agreements to license, regulate, or limit the number of all forms of ground transportation providing services within its jurisdiction.

AB1089,37,22 (h) Sell or otherwise dispose of unneeded or unwanted property.

AB1089,38,2 (5) Employ personnel and fix and regulate their compensation; and provide, either directly or subject to an agreement under s. 66.0301 as a participant in a benefit plan of another governmental entity, any employee benefits, including an employee pension plan.

AB1089,38,5 (6) Purchase insurance, establish and administer a plan of self-insurance or, subject to an agreement with another governmental entity under s. 66.0301, participate in a governmental plan of insurance or self-insurance.

AB1089,38,8 (7) Subject to ss. 229.866 and 229.867, issue bonds under s. 66.0621, and mortgage, pledge, or otherwise encumber the district's property or funds to secure the bonds.

AB1089,38,10 (8) Maintain funds and invest the funds in any investment that the district board considers appropriate.

AB1089,38,14 (9) Enter into interest rate exchange transactions or transactions to provide, currently or prospectively, a maximum or minimum interest rate on all or a portion of the indebtedness of the district and grant mortgages and other liens to secure the indebtedness.

AB1089,38,17 (10) Promote, advertise, and publicize the airport, airport facilities, and the district, and provide information to persons with an interest in air transportation and other district activities.

AB1089,38,19 (11) Appear before rate-making and rule-making authorities to represent and promote the interests of the district.

AB1089,38,24 (12) Adopt and enforce reasonable rules, regulations, and ordinances governing the use of its airport facilities, and the conduct of its employees and the public, in order to promote public safety and convenience and to maintain order. The district may establish civil penalties for the violations of rules, regulations, and ordinances authorized under this subchapter.

AB1089,39,14 (13) (a) The district shall have concurrent police power, with other authorized peace officers, in its jurisdiction. Such concurrent police authority shall not be construed to reduce or lessen the authority of the police power of the political subdivision in which an airport may be located. All district police officers shall cooperate with and be responsive to the local police authorities as they meet and exercise their statutory responsibilities. All district police officers may arrest, with or without warrant, any person on or in airport facilities within the district's jurisdiction who the officers have reasonable grounds to believe has violated a state law or any rule promulgated under this subchapter and deliver the person to any court having jurisdiction over the violation and execute a complaint charging the person with the violation. This subsection does not impair the duty of any other peace officers within their jurisdictions to arrest and take before the proper court persons found violating any state law on or in airport facilities within the district's jurisdiction.

AB1089,39,23 (b) The district may employ police for the airport facilities and chiefs to head such police, or contract for police with a political subdivision, all of whom shall be considered peace officers under s. 939.22 (22) under the supervision and control of the district. The police officers shall meet the minimum standards established for other police officers by the law enforcement standards board or a comparable agency. The police shall preserve the peace in the jurisdiction of the district and enforce all rules promulgated under this subchapter and all other laws. The district may, subject to s. 66.0313, request of any other law enforcement agency assistance within the district's jurisdiction, notwithstanding any other jurisdictional provision.

AB1089,40,2 (c) The district may employ security personnel, or contract for the provision of security personnel, to provide routine patrol functions. The security personnel are not subject to the minimum standards established for other police officers by the law enforcement standards board or a comparable agency.

AB1089,40,5 (14) Establish and collect rates and charges for the use of airport facilities or for services provided by the district, including PFCs under the Federal Aviation Act of 1958, as amended.

AB1089,40,7 (15) Engage accountants, attorneys, consultants, and other professionals or service providers.

AB1089,40,9 (16) Enter into partnerships, joint ventures, common ownership, or other arrangements with other persons to further the district's purposes.

AB1089,40,11 (17) Enter into an agreement with a political subdivision to establish an airport affected area under s. 66.1009.

AB1089,40,18 (18) Act as a sponsor and submit requests for, accept, and be responsible to perform all of the assurances associated with accepting grants from the FAA or any other agency of the United States or of this state, with respect to an airport that is owned by the district, and to perform the duties and responsibilities previously assumed by the municipality or municipalities which have transferred an airport to the district under s. 229.865 by virtue of its acceptance of grants from the FAA or any other agency of the Untied States or this state.

AB1089,40,21 (19) Subject to the limitation on the exercise of powers and duties described under s. 229.861 (5) (a), take any necessary action to comply with the terms and conditions of a FAA certificate, as described in 14 CFR 139.

AB1089,40,24 (20) Appoint a building inspector to enforce all ordinances, rules, and regulations adopted under sub. (12) that relate to any construction, remodeling, or renovation of airport facilities.

AB1089,40,25 (21) Establish a fire department to provide service to airport facilities.

AB1089,41,3 229.864 Powers granted to local governmental units; limitations on powers. (1) In addition to any powers that it may otherwise have, a local governmental unit may do any of the following:

AB1089,41,5 (a) Make grants or loans to a district upon terms that the local governmental unit considers appropriate.

AB1089,41,6 (b) Expend public funds to subsidize a district.

AB1089,41,8 (c) Borrow money under ss. 67.04 and 67.12 (12) for airport facilities or to fund grants, loans, or subsidies to a district.

AB1089,41,10 (d) Lease or transfer property to a district upon terms that the local governmental unit considers appropriate.

AB1089,41,13 (2) Notwithstanding ss. 59.69, 60.61, 60.62, 61.35, and 62.23, a political subdivision may not enact or enforce a zoning ordinance within the jurisdiction of a district.

AB1089,42,3 229.865 Transfer agreements. (1) (a) In the case of a district created under s. 229.861 (1) (a), and subject to pars. (b) to (e), the county shall transfer and assign to the district all of the county's right, title, and interest in an airport and airport facilities that are owned or operated by the county on the effective date of this paragraph .... [revisor inserts date], or on the soonest practicable date agreed to by the district and the county, but such date may not be later than the first day of the 7th month beginning after the effective date of this paragraph .... [revisor inserts date]. The transfer shall include all of the county's interest in assets, property, licenses, contracts, and revenues related to the airport and airport facilities. On the date of transfer, the district shall accept the assignment of all contracts with other persons, with respect to the transferred airport and airport facilities, that are in force at the time of transfer, and shall assume all obligations and liabilities of the county related to the airport and airport facilities. The district shall indemnify the county and hold the county harmless against and from all obligations and liabilities that are transferred to the district under this paragraph.

AB1089,42,8 (b) The county shall cooperate with the district in obtaining any 3rd-party consents or approvals that are necessary to accomplish the transfer and provide for safe and uninterrupted service at the airport and airport facilities. The appropriate officials of the county shall execute any deed, bill of sale, or other instrument of conveyance, assignment, or transfer as may be necessary to accomplish the transfer.

AB1089,42,13 (c) On the date of the transfer, the district shall accept an assignment of any collective bargaining agreement in force at the time of the transfer with respect to persons employed by the county at a transferred airport or airport facilities. The transfer transaction shall be without financial consideration other than the assumption of liabilities and obligations.

AB1089,42,18 (d) Notwithstanding the provisions of pars. (a) to (c), the transfer agreement entered into by the county and the district under this subsection may contain more specific, or different, terms and conditions than the transactions or provisions required under pars. (a) to (c), and the transfer agreement may contain exceptions to what otherwise would be required by pars. (a) to (c).

AB1089,42,23 (e) The transfer and assignment described in par. (a) may not occur earlier than the FAA approval date. If the FAA approval date has not occurred on or before the first day of the 7th month beginning after the effective date of this paragraph .... [revisor inserts date], the county shall make the transfer and assignment described in par. (a) on the FAA approval date.

AB1089,43,8 (2) A local governmental unit may enter into a transfer agreement with a district created under s. 229.861 (1) (b) to provide the terms and conditions upon which the local governmental unit transfers an airport and airport facilities to the district. A transfer may take the form of a sale, lease, or other conveyance and may be with or without financial consideration. A transfer agreement shall require the district to accept an assignment of any collective bargaining agreement in force at the time of the transfer with respect to persons employed by the local governmental unit at a transferred airport or airport facilities. A transfer agreement shall require the district to accept an assignment of all contracts with other persons, with respect to transferred airport facilities, that are in force at the time of transfer.

AB1089,43,13 (3) A local governmental unit may transfer an airport and airport facilities, and any related assets, property, licenses, contracts, and revenues to a district created by another local governmental body or to a district created under s. 229.861 (1) (a) upon the terms and conditions contained in a transfer agreement that is agreed to by the parties.

AB1089,43,19 229.866 Issuance of bonds. (1) A district may issue bonds under s. 66.0621 for any corporate purpose related to airport facilities, the operation of an airport, or the impact of an airport on surrounding areas and properties. The district may issue bonds to fund, refund, advance refund, or purchase any outstanding bond of the district. All bonds of the district are declared to be negotiable for all purposes, notwithstanding that their payment may be from a limited source.

AB1089,43,21 (2) The bonds shall be payable solely out of revenues of the district that are specified in the bond resolution of the district or in a related trust indenture.

AB1089,44,8 (3) The bonds shall be authorized by a bond resolution of the district and shall bear dates, mature at times not exceeding 40 years from their respective dates of issue, bear interest at fixed or variable rates, be payable at times, be in denominations, be in certificated or book entry or other form, either coupon or fully registered, carry registration and conversion privileges, be executed in such a manner, be payable in lawful money of the United States at places, and be subject to any terms of redemption as provided in the bond resolution or the related trust indenture. The bonds shall be executed by the manual or facsimile signatures of such officers of the district as the district designates. The bonds may be sold at public or private sale at a price and in such a manner as the district determines. Pending preparation of the definitive bonds, the district may issue interim receipts or certificates that shall be exchanged for the definitive bonds.

AB1089,44,11 (4) A bond resolution or a related trust indenture may contain provisions, which shall be a part of the contract with the bondholders under the resolution, relating to any of the following:

AB1089,44,13 (a) Pledging or assigning the revenues of the project with respect to which the bonds are to be issued or other specified revenues or properties of the district.