Bill Summary – FastDemocracy

Stricken language would be deleted from and underlined language would be added to present law.
 State of Arkansas                   As Engrossed:       S3/13/23
 94th General Assembly                        A Bill
 Regular Session, 2023                                                             SENATE BILL 379
 4
 By: Senators M. Johnson, Hester
 By: Representatives Achor, McCollum, Hawk
 7
                                   For An Act To Be Entitled
                 AN ACT TO AMEND THE LAW CONCERNING THE CREATION AND
                 AUTHORITY OF A MUNICIPAL AIRPORT COMMISSION; TO
                 DECLARE AN EMERGENCY; AND FOR OTHER PURPOSES.
12
13
                                               Subtitle
                         TO AMEND THE LAW CONCERNING THE CREATION
                         AND AUTHORITY OF A MUNICIPAL AIRPORT
                         COMMISSION; AND TO DECLARE AN EMERGENCY.
18
19
 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
21
        SECTION 1.        Arkansas Code § 14-359-104 is amended to read as follows:
        14-359-104. Creation of commission.
        (a)    Any A city affected by and desiring to avail itself of the
 benefits of this chapter shall enact by a majority vote of the elected and
 qualified members of its city council or other governing body an ordinance
 creating an airport commission to be composed of seven (7) citizens who are
 qualified electors of the state.
        (b)(1)       At least one (1) two (2) of the members shall be fully
 experienced in aviation, with one (1) of the two (2) members holding some
 type of pilot aeronautical rating.
                 (2)     If there is not any an application for membership on the
 commission is not submitted by a qualified citizen experienced in aviation
 and holding some type of pilot aeronautical rating as required under
 subdivision (b)(1) of this section, then the city council or other governing
 body may waive this requirement.
     *DTP123*                                                                    03-13-2023 09:43:18 DTP123
     As Engrossed:       S3/13/23                                                   SB379
      (c)   No more than one (1) member of the commission may have financial
 dealings or interests in an aeronautical enterprise while a member of the
 commission.
 4
      SECTION 2.       Arkansas Code § 14-359-105(a) and (b), concerning the
 appointment of commissioners to a municipal airport commission, is amended to
 add an additional subdivision to read as follows:
      (a)(1)     The commissioners shall be appointed by the mayor and confirmed
 by a three-fourths (3/4) vote of the elected and qualified members of the
 city council or other governing body.
               (2)    In municipalities located in a metropolitan statistical area
 designated by the United States Bureau of the Census having a population of
 one million (1,000,000) or more according to the most recent federal
 decennial census, the commissioners shall be appointed by the mayor and
 confirmed by a simple majority vote of the elected and qualified members of
 the city council or other governing body.
      (b)(1)     The commissioners first appointed and confirmed shall serve
 terms of one (1), two (2), three (3), four (4), and five (5) years, with two
 (2) commissioners serving terms of four (4) years and two (2) commissioners
 serving terms of five (5) years. The terms shall be designated by the mayor.
               (2)    Upon the expiration of their respective terms, their
 successors shall be appointed by the mayor, subject to the approval of the
 city council or other governing body, for terms of five (5) years.
               (3)    In a municipality with a municipal airport that is
 nationally ranked in the top one hundred twenty-five (125) airports in the
 Federal Aviation Administration's annual report, based on Annual Enplanements
 at All Airports (Primary, Nonprimary Commercial Service, and General
 Aviation), the commissioners shall be:
                       (A)   Appointed by the mayor or any of the elected and
 qualified members of the city council or other governing body;
                       (B)   Confirmed by a three-fourths (3/4) vote of the elected
 and qualified members of the city council or other governing body; and
                       (C)   Appointed by the Governor in the event that a
 commissioner appointment exceeds forty-five (45) days of vacancy.
35
      SECTION 3.       Arkansas Code § 14-359-106 is amended to read as follows:
                                             2               03-13-2023 09:43:18 DTP123
     As Engrossed:    S3/13/23                                                     SB379
      14-359-106. Removal of commissioners.
      Any commissioner appointed by the provisions of this chapter may be
 removed upon a three-fourths (¾) vote of the elected and qualified members of
 the city council or other governing body.
 5
      SECTION 4.    Arkansas Code § 14-359-107 is amended to read as follows:
      14-359-107. Salary of commissioners.
      The city council or other governing body shall have authority to fix
 and prescribe the salaries to be paid to the commissioners.
10
      SECTION 5.    Arkansas Code § 14-359-108 is amended to read as follows:
      14-359-108. Meetings of commission.
      The commissioners shall meet at least monthly, but other meetings may
 be held at any time by the commission or upon the call of the mayor and city
 council or other governing body.
16
      SECTION 6.    Arkansas Code § 14-359-109(a), concerning the authority of
 a municipal airport commission, is amended to add an additional subdivision
 to read as follows:
            (3)    The commissioners appointed to a commission for a municipal
 airport that is nationally ranked in the top one hundred twenty-five (125)
 airports in the Federal Aviation Administration's annual report, based on
 Annual Enplanements at All Airports (Primary, Nonprimary Commercial Service,
 and General Aviation), shall:
                    (A)   Have the authority to improve, extend, and maintain
 the municipal airport and its related property and facilities;
                    (B)   Review and approve all contracts involving the
 municipal airport that are seventy-five thousand dollars ($75,000) or more
 before the execution of the contract; and
                    (C)(i)     Be in charge of the airport as it relates to
 properties and facilities, including without limitation the:
                                    (a)   Employment and removal of the executive
 director of the municipal airport; or
                                    (b)   Determination of the salary, compensation
 package, and bonus of the executive director of the municipal airport.
                             (ii)   A municipal airport commission shall not have
                                              3               03-13-2023 09:43:18 DTP123
     As Engrossed:     S3/13/23                                                     SB379
 authority over the employment or removal of an employee of a municipal
 airport other than the executive director of a municipal airport under
 subdivision (a)(3)(C)(i) of this section.
 4
         SECTION 7.    Arkansas Code § 14-359-110(a), concerning the vesting of
 authority to the commissioners, is amended to read as follows:
         (a)   Upon the appointment of the commissioners as provided in this
 chapter, the mayor and city council or other governing body shall execute
 such the instruments and enact such the measures as may be necessary to vest
 complete charge of the municipally owned airport and its related properties
 and facilities in the commissioners appointed.
12
         SECTION 8.    Arkansas Code § 14-359-115 is amended to read as follows:
         14-359-115. Additional powers of commissioners.
         (a)   The commissioners shall, in addition to the other powers
 enumerated in this chapter, have such other and further powers as are by law
 given to the city council or other governing body of any city.
         (b)   The commissioners shall be governed by all existing statutes
 pertaining to the duties of city councils or other governing bodies.
20
         SECTION 9.    Arkansas Code § 14-359-118(a), concerning records of
 revenues and expenditures of airports help by the commission, is amended to
 read as follows:
         (a)   The commissioners shall keep a record of all revenues and
 expenditures of the airport and its related properties and facilities and
 shall submit monthly reports to the mayor and city council or other governing
 body.
         SECTION 10.   Arkansas Code § 14-359-118(c), concerning records, data,
 and information held by the commission, is amended to read as follows:
         (c)   The commissioners shall also furnish such other and further
 reports, data, and information as may be requested by the mayor or city
 council or other governing body.
33
         SECTION 11.    EMERGENCY CLAUSE.   It is found and determined by the
 General Assembly of the State of Arkansas that a municipal airport commission
 has the authority to manage, operate, improve, extend, and maintain a
                                            4                03-13-2023 09:43:18 DTP123
     As Engrossed:    S3/13/23                                                 SB379
 municipal airport and its related properties and facilities; that a
 commissioner vacancy on a municipal airport commission delays the
 commission's ability to vote on procurement matters and all other management
 and operational functions necessary to efficiently operate a municipal
 airport; and that there have been vacancies in the state that cannot be
 filled under the current commissioner appointment requirements established by
 law. Therefore, an emergency is declared to exist, and this act being
 immediately necessary for the preservation of the public peace, health, and
 safety shall become effective on:
            (1)    The date of its approval by the Governor;
            (2)    If the bill is neither approved nor vetoed by the Governor,
 the expiration of the period of time during which the Governor may veto the
 bill; or
            (3)    If the bill is vetoed by the Governor and the veto is
 overridden, the date the last house overrides the veto.
16
                                  /s/M. Johnson
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
                                         5               03-13-2023 09:43:18 DTP123
Statutes affected: 
Old version SB379 Original - 3-7-2023 03:47 PM: 14-359-104(b), 14-359-105(a), 14-359-109(a)
Old version SB379 V2 - 3-13-2023 09:43 AM: 14-359-104, 03-13-2023, 14-359-105(a), 14-359-106, 14-359-107, 14-359-108, 14-359-109(a), 14-359-110(a), 14-359-115, 14-359-118(a), 14-359-118(c)
SB 379: 14-359-104, 03-13-2023, 14-359-105(a), 14-359-106, 14-359-107, 14-359-108, 14-359-109(a), 14-359-110(a), 14-359-115, 14-359-118(a), 14-359-118(c)