Bill Text: IN HB1045 | 2013 | Regular Session | Enrolled
Bill Title: Airports.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Passed) 2013-05-13 - Public Law 139 [HB1045 Detail]
Download: Indiana-2013-HB1045-Enrolled.html
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
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AN ACT to amend the Indiana Code concerning transportation.
(1) a state agency (as defined in IC 4-13-1-1);
(2) a state educational institution;
(3) a unit (as defined in IC 36-1-2-23);
(4) a body corporate and politic created by state statute;
(5) a school corporation (as defined in IC 20-26-2-4);
(6) a conservancy district established for a purpose described in IC 14-33-1-1(a)(4) or IC 14-33-1-1(a)(5);
(7) a fire protection district established under IC 36-8-11;
(8) a department of aviation established under IC 8-22-2-1(a); or
(9) an airport authority established under IC 8-22-3-1.
(b) The term does not include the Indiana department of transportation.
(1) As a municipal corporation, to sue and be sued in its own
name.
(2) To have all the powers and duties conferred by statute upon
boards of aviation commissioners. The board supersedes all
boards of aviation commissioners within the district. The board
has exclusive jurisdiction within the district.
(3) To protect all property owned or managed by the board.
(4) To adopt an annual budget and levy taxes in accordance with
this chapter.
(A) The board may not levy taxes on property in excess of the
following rate schedule, except as provided in sections 17 and
25 of this chapter:
Total Assessed Rate Per $100 Of
Property Valuation Assessed Valuation
$300 million or less $0.10
More than $300 million
but not more than $450 million $0.0833
More than $450 million
but not more than $600 million $0.0667
More than $600 million
but not more than $900 million $0.05
More than $900 million $0.0333
(B) Clause (A) does not apply to an authority that was
established under IC 19-6-2 or IC 19-6-3 (before their repeal
on April 1, 1980).
(C) The board of an authority that was established under
IC 19-6-3 (before its repeal on April 1, 1980) may levy taxes
on property not in excess of six and sixty-seven hundredths
cents ($0.0667) on each one hundred dollars ($100) of
assessed valuation.
(5) To incur indebtedness in the name of the authority in
accordance with this chapter.
(6) To adopt administrative procedures, rules, and regulations.
(7) To acquire property, real, personal, or mixed, by deed,
purchase, lease, condemnation, or otherwise and dispose of it for
use or in connection with or for administrative purposes of the
airport; to receive gifts, donations, bequests, and public trusts and
to agree to conditions and terms accompanying them and to bind
the authority to carry them out; to receive and administer federal
or state aid; and to erect buildings or structures that may be
needed to administer and carry out this chapter.
(8) To determine matters of policy regarding internal organization
and operating procedures not specifically provided for otherwise.
(9) To adopt a schedule of reasonable charges and to collect them from all users of facilities and services within the district.
(10) To purchase supplies, materials, and equipment to carry out the duties and functions of the board in accordance with procedures adopted by the board.
(11) To employ personnel that are necessary to carry out the duties, functions, and powers of the board.
(12) To establish an employee pension plan. The board may, upon due investigation, authorize and begin a fair and reasonable pension or retirement plan and program for personnel, the cost to be borne by either the authority or by the employee or by both, as the board determines. If the authority was established under IC 19-6-2 (before its repeal on April 1, 1980), the entire cost must be borne by the authority, and ordinances creating the plan or making changes in it must be approved by the mayor of the city. The plan may be administered and funded by a trust fund or by insurance purchased from an insurance company licensed to do business in Indiana or by a combination of them. The board may also include in the plan provisions for life insurance, disability insurance, or both.
(13) To sell surplus real or personal property in accordance with law. If the board negotiates an agreement to sell trees situated in woods or forest areas owned by the board, the trees are considered to be personal property of the board for severance or sale.
(14) To adopt and use a seal.
(15) To acquire, establish, construct, improve, equip, maintain, control, lease, and regulate municipal airports, landing fields, and other air navigation facilities, either inside or outside the district; to acquire by lease (with or without the option to purchase) airports, landing fields, or navigation facilities, and any structures, equipment, or related improvements; and to erect, install, construct, and maintain at the airport or airports facilities for the servicing of aircraft and for the comfort and accommodation of air travelers and the public. The Indiana department of transportation must grant its approval before land may be purchased for the establishment of an airport or landing field and before an airport or landing field may be established.
(16) To fix and determine exclusively the uses to which the airport lands may be put, including land use planning and zoning. All uses must be necessary or desirable to the airport or the aviation industry and must be compatible with the uses of the surrounding lands as far as practicable. The jurisdiction granted
under this subdivision is superior to that of any other local
government unit or entity with respect to airport lands.
(17) To elect a secretary from its membership, or to employ a
secretary, an airport director, superintendents, managers, a
treasurer, engineers, surveyors, attorneys, clerks, guards,
mechanics, laborers, and all employees the board considers
expedient, and to prescribe and assign their respective duties and
authorities and to fix and regulate the compensation to be paid to
the persons employed by it in accordance with the authority's
appropriations. All employees shall be selected irrespective of
their political affiliations.
(18) To make all rules and regulations, consistent with laws
regarding air commerce, for the management and control of its
airports, landing fields, air navigation facilities, and other
property under its control.
(19) To acquire by lease the use of an airport or landing field for
aircraft pending the acquisition and improvement of an airport or
landing field.
(20) To manage and operate airports, landing fields, and other air
navigation facilities acquired or maintained by an authority; to
lease all or part of an airport, landing field, or any buildings or
other structures, and to fix, charge, and collect rentals, tolls, fees,
and charges to be paid for the use of the whole or a part of the
airports, landing fields, or other air navigation facilities by aircraft
landing there and for the servicing of the aircraft; to construct
public recreational facilities that will not interfere with air
operational facilities; to fix, charge, and collect fees for public
admissions and privileges; and to make contracts for the operation
and management of the airports, landing fields, and other air
navigation facilities; and to provide for the use, management, and
operation of the air navigation facilities through lessees, its own
employees, or otherwise. Contracts or leases for the maintenance,
operation, or use of the airport or any part of it may be made for
a term not exceeding fifteen (15) years and may be extended for
similar terms of years. except that any parcels of However, the
land of the airport, including all or part of its land, facilities, or
structures, may be leased for any use connected with the
operation and convenience of the airport for an initial term not
exceeding forty (40) years and may be extended for a period not
to exceed ten (10) years. If a person whose character, experience,
and financial responsibility have been determined satisfactory by
the board offers to erect a permanent structure that facilitates and
is consistent with the operation, use, and purpose of the airport on
land belonging to the airport, a lease may be entered into for a
period not to exceed ninety-nine (99) years. However, the board
must pass an ordinance to enter into such a lease. The board may
not grant an exclusive right for the use of a landing area under its
jurisdiction. However, this does not prevent the making of leases
in accordance with other provisions of this chapter. All contracts,
and leases, are subject to restrictions and conditions that the board
prescribes. The authority may lease its property and facilities for
any commercial or industrial use it considers necessary and
proper, including the use of providing airport motel facilities. For
the airport authority established by the city of Gary, the board
may approve a lease, management agreement, or other contract:
(A) with a person:
(i) who is selected by the board using the procedures under
IC 36-1-9.5; and
(ii) whose character, experience, and financial responsibility
have been determined satisfactory by the board; and
(B) to use, plan, design, acquire, construct, reconstruct,
improve, extend, expand, lease, operate, repair, manage,
maintain, or finance all or any part of the airport and its
landing fields, air navigation facilities, and other buildings and
structures for a period not to exceed ninety-nine (99) years.
However, the board must pass an ordinance to enter into such
a lease, management agreement, or other contract. All
contracts, leases, and management agreements are subject to
restrictions and conditions that the board prescribes. The
authority may lease its property and facilities for any
commercial or industrial use it considers necessary and proper,
including the use of providing airport motel facilities. A lease,
management agreement, or other contract entered into under
this section or any other provision of this chapter may be
entered into without complying with IC 5-23.
(21) To sell machinery, equipment, or material that is not required
for aviation purposes. The proceeds shall be deposited with the
treasurer of the authority.
(22) To negotiate and execute contracts for sale or purchase,
lease, personal services, materials, supplies, equipment, or any
other transaction or business relative to an airport under the
board's control and operation. However, whenever the board
determines to sell part or all of aviation lands, buildings, or
improvements owned by the authority, the sale must be in
accordance with law.
(23) To vacate all or parts of roads, highways, streets, or alleys,
whether inside or outside the district, in the manner provided by
statute.
(24) To annex lands to itself if the lands are owned by the
authority or are streets, roads, or other public ways.
(25) To approve any state, county, city, or other highway, road,
street or other public way, railroad, power line, or other
right-of-way to be laid out or opened across an airport or in such
proximity as to affect the safe operation of the airport.
(26) To construct drainage and sanitary sewers with connections
and outlets as are necessary for the proper drainage and
maintenance of an airport or landing field acquired or maintained
under this chapter, including the necessary buildings and
improvements and for the public use of them in the same manner
that the authority may construct sewers and drains. However, with
respect to the construction of drains and sanitary sewers beyond
the boundaries of the airport or landing field, the board shall
proceed in the same manner as private owners of property and
may institute proceedings and negotiate with the departments,
bodies, and officers of an eligible entity to secure the proper
orders and approvals; and to order a public utility or public
service corporation or other person to remove or to install in
underground conduits wires, cables, and power lines passing
through or over the airport or landing field or along the borders or
within a reasonable distance that may be determined to be
necessary for the safety of operations, upon payment to the utility
or other person of due compensation for the expense of the
removal or reinstallation. The board must consent before any
franchise may be granted by state or local authorities for the
construction of or maintenance of railway, telephone, telegraph,
electric power, pipe, or conduit line upon, over, or through land
under the control of the board or within a reasonable distance of
land that is necessary for the safety of operation. The board must
also consent before overhead electric power lines carrying a
voltage of more than four thousand four hundred (4,400) volts and
having poles, standards, or supports over thirty (30) feet in height
within one-half (1/2) mile of a landing area acquired or
maintained under this chapter may be installed.
(27) To contract with any other state agency or instrumentality or
any political subdivision for the rendition of services, the rental
or use of equipment or facilities, or the joint purchase and use of
equipment or facilities that are necessary for the operation,
maintenance, or construction of an airport operated under this
chapter.
(28) To provide air transportation in furtherance of the duties and
responsibilities of the board.
(29) To promote or encourage aviation-related trade or commerce
at the airports that it operates.
(30) To provide aviation services to public use airports within or
outside Indiana either directly or through an affiliate entity
established by the board.
(b) The board may levy in compliance with IC 6-1.1-41 a tax not to exceed:
(1) thirty-three hundredths of one cent ($0.0033) on each one hundred dollars ($100) of assessed value of taxable property within the district, if an eligible entity other than a city established the district or if the district was established jointly with an eligible entity that is not a city;
(2) one and thirty-three hundredths cents ($0.0133) on each one hundred dollars ($100) of assessed value of taxable property within the district, if the authority was established under IC 19-6-3 (before its repeal on April 1, 1980); and
(3) for any other district not described in subdivision (1) or (2), the following:
Total Assessed Rate Per $100 Of
Property Valuation Assessed Valuation
$300 million or less $0.0167
More than $300 million
but not more than $450 million $0.0133
More than $450 million
but not more than $600 million $0.01
More than $600 million
but not more than $900 million $0.0067
More than $900 million $0.0033
As the tax is collected it may be invested in negotiable United States bonds or other securities that the federal government has the direct obligation to pay. Any of the funds collected that are not invested in government obligations shall be deposited in accordance with IC 5-13-6 and shall be withdrawn in the same manner as money is regularly withdrawn from the general fund but without further or additional appropriation. The levy authorized by this section is in addition to the levies authorized by section 11 and section 23 of this chapter.
(c) Spending under subsection (a) to facilitate and support commercial intrastate air transportation is subject to a maximum of one million dollars ($1,000,000) cumulatively for all years in which money is spent under that subsection.
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