Bill Text: NJ A5718 | 2020-2021 | Regular Session | Introduced
Bill Title: Permits counties to operate airports as county utilities; provides that bonds for county and municipal airport purposes be issued in accordance with provisions of "Local Bond Law."
Spectrum: Moderate Partisan Bill (Democrat 5-1)
Status: (Engrossed - Dead) 2022-01-04 - Received in the Senate without Reference, 2nd Reading [A5718 Detail]
Download: New_Jersey-2020-A5718-Introduced.html
Sponsored by:
Assemblyman DANIEL R. BENSON
District 14 (Mercer and Middlesex)
SYNOPSIS
Permits counties to operate airports as county utilities; provides that bonds for county and municipal airport purposes be issued in accordance with provisions of "Local Bond Law."
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the financing of airports operated by counties and municipalities and amending various sections of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. R.S.40:8-3 is amended to read as follows:
40:8-3. a. The governing body of any county may acquire, by lease or purchase, and establish, construct, own, control, lease, equip, improve, maintain, operate, and regulate airports or landing fields for the use of airplanes and other aircraft within the limits of such counties, and may use for such purpose or purposes any property, owned or controlled by such county, suitable therefor, provided that the provision or performance of goods or services in connection with the operation, management, or administration of an airport shall be done pursuant to the "Local Public Contracts Law," P.L.1971, c.198 (C.40A:11-1 et seq.) and any supplements thereto.
b. A county may maintain, operate, and manage an airport or landing field as a public utility of the county and, for that purpose, shall keep the accounts of the airport separate and distinct from any other accounts of the county.
(cf: P.L.1999, c.440, s.42)
2. R.S.40:8-5 is amended to read as follows:
40:8-5. Private property needed by any municipality for an airport or landing field shall be acquired by purchase if the municipality is able to agree with the owners on the terms thereof, and otherwise by condemnation, in the manner provided by the law under which the municipality is authorized to acquire real property for public purposes other than street purposes, or, if there be no such law, in the manner provided for and subject to the provisions of [chapter 1 of the title Eminent Domain (s. 20:1-1 et seq.)] the "Eminent Domain Act of 1971," P.L.1971, c.361 (C.20:3-1 et seq.). The purchase price or award for real property acquired for an airport or landing field may be paid for by appropriation of moneys available therefor or wholly or partly from the proceeds of the sale of bonds of the municipality, as the governing body of such municipality shall determine. Such bonds shall be authorized and issued in accordance with the provisions of [article 1 of chapter 1 of this title (s. 40:1-1 et seq.)] the "Local Bond Law," (N.J.S.40A:2-1 et seq.).
(cf: R.S.40:8-5)
3. R.S.40:28-4 is amended to read as follows:
[In addition to the powers conferred by the provisions of article 1 of chapter 1 of this title (s.40:1-1 et seq.), relative to the issuance of bonds, any county of the first, second, third or fifth class] 40:28-4.
a. A county of any class may issue bonds for the purpose of acquiring real estate and thereafter equipping, maintaining, and operating [the same] that real estate for airport purposes.
b. All bonds [so] issued for airport purposes shall mature and be payable [in annual installments commencing not more than two years from their date, and no installment shall be more than fifty per cent in excess of the amount of the smallest prior installment, and the bonds shall mature within the period declared in the ordinance or resolution authorizing them, which in no case shall exceed twenty years] in accordance with the provisions of the "Local Bond Law," (N.J.S.40A:2-1 et seq.).
(cf: R.S.40:28-4)
4. This act shall take effect immediately.
STATEMENT
This bill authorizes the governing body of any county that acquires, establishes, and operates an airport to maintain, operate, and manage the airport as a public utility of the county and, for that purpose, the county is to keep the accounts of the airport utility separate and distinct from any other accounts of the county.
The bill clarifies that a county of any class may issue bonds for the purpose of acquiring real estate and thereafter equipping, maintaining, and operating that real estate for airport purposes. The bill also clarifies that counties and municipalities are to follow the provisions of the "Local Bond Law" when issuing bonds for airport purposes.
