Senate Bill No. 416

(By Senators Yoder, Dugan and Plymale)


[Introduced February 17, 1995; referred to the Committee
on Government Organization.]

A BILL to amend and reenact sections three and eight, article twenty-nine, chapter eight of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to regional airports; and development of industrial parks.

Be it enacted by the Legislature of West Virginia:
That sections three and eight, article twenty-nine, chapter eight of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
§8-29-3. Authorities empowered and authorized to acquire, operate, etc., airports; state aeronautics commission.

Each authority is hereby empowered and authorized to acquire, establish, construct, equip, improve, finance, maintain and operate a regional airport or landing field and appurtenant facilities so located to best serve the region in which they are located, including, but not limited to, industrial parks. Each authority shall be subject to the jurisdiction of the state aeronautics commission to the same extent as a state or municipal airport.

§8-29-8. Powers of authorities generally.

Each authority is hereby given plenary power and authority as follows:
(1) To make and adopt all necessary bylaws and rules and regulations for its organization and operations not inconsistent with law;
(2) To elect its own officers, to appoint committees and to employ and fix the compensation for personnel necessary for its operation;
(3) To enter into contracts with any person, including both public and private corporations, or governmental department or agency, and generally to do any and all things necessary or convenient for the purpose of acquiring, establishing, constructing, equipping, improving, financing, maintaining and operating a public airport to best serve the region in which it is located, including the development of an industrial park in the same general area;
(4) To delegate any authority given to it by law to any of its officers, committees, agents or employees;
(5) To apply for, receive and use grants-in-aid, donations and contributions from any source or sources, including, but not limited to, the federal government and any department or agency thereof, and this state subject to any constitutional and statutory limitations with respect thereto, and to accept and use bequests, devises, gifts and donations from any person;
(6) To acquire lands and hold title thereto in its own name;
(7) To purchase, own, hold, sell and dispose of personal property and to sell, lease or otherwise dispose of any real property which it may own;
(8) To borrow money and execute and deliver negotiable notes, mortgage bonds, other bonds, debentures and other evidences of indebtedness therefor, and give such security therefor as shall be requisite, including giving a mortgage or deed of trust on its airport properties and facilities or assigning or pledging the gross or net revenues therefrom;
(9) To raise funds by the issuance and sale of revenue bonds in the manner provided by the applicable provisions of article sixteen of this chapter, it being hereby expressly provided that for the purpose of the issuance and sale of revenue bonds, each authority is a "governing body" as that term is used in said article sixteen only;
(10) To establish, charge and collect reasonable fees and charges for services or for the use of any part of its property or facilities, or for both services and such use;
(11) To expend its funds in the execution of the powers and authority herein given;
(12) To apply for, receive and use loans, grants, donations, technical assistance and contributions from any regional or area commissions that may be established; and
(13) To prescribe by bylaw the manner of financial participation by members.

NOTE: The purpose of this bill is to specifically authorize regional airport authorities to engage in action regarding the development of industrial parks in the same general area.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.