Bill Summary for S 380 (2013-2014)

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Summary date: 

Jul 25 2013

Bill Information:

View NCGA Bill Details2013-2014 Session
Senate Bill 380 (Local) Filed Wednesday, March 20, 2013
Intro. by Jackson.

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Bill summary

House committee substitute makes the following changes to the 2nd edition.

Amends the short and long titles.

Provides that this act is to be known as the Charlotte Douglas International Airport Commission Act.

Repeals SL 2013-272, which created the Charlotte Douglas International Airport Authority.

Amends Charlotte's charter to create an Airport Commission (Commission) as an agency of Charlotte. The Commission will consist of 13 members: seven appointed by the City of Charlotte, with at least two of whom are residents of the west side, and the remaining six members are appointed by the surrounding counties: Mecklenburg, Cabarrus, Gaston, Iredell, Lincoln, and Union. Sets out definitions for use in regards to the Commission.

Provides that the initial members of the Commission will be the members of the Airport Advisory Committee of Charlotte. Such members will serve only until seven members have been appointed by the appointing authorities. Limits the powers of the Airport Advisory Committee serving as the initial members to ministerial acts, having no power to award or enter into employment or management contracts. Requires the appointing authorities to appoint initial members by October 1, 2013. Requires that members, when practical, have experience in aviation, logistics, construction and/or facilities management, law, or accounting and/or finance. Provides for staggered terms for members, as indicated. Specifies that initial four-year terms expire December 31, 2017, and all initial two-year terms expire December 31, 2015. Sets out additional rules and regulations for Commission members. Provides that any member can be suspended or removed from office by a majority vote of the other members for cause affecting that member's duties and responsibilities or other specified instances of misconduct. Allows members to continue to serve until a successor has been duly appointed and qualified, but not for more than 60 days beyond the end of the term.

Establishes that actions of the Authority will be determined by a majority vote of the members that are present and voting in a duly called meeting at which a quorum is present. Requires monthly Commission meetings. Members will receive payment and reimbursement for travel, lodging, and meal expenses in the course of transacting business on behalf of the Commission. Meetings and closed sessions of the Commission must be conducted in accordance with GS Chapter 143, Article 33C.

Sets out administrative procedures for electing the officers of the Commission and bookkeeping. Provides that the Commission will be deemed a "special district" as defined in GS 159-7 and conduct fiscal affairs in accordance with the provisions of the Local Government Budget and Fiscal Contral Act.

Provides that the initial budget of the Authority will be the budget established by the City Council of the City of Charlotte for the Airport for the period July 1, 2013, through June 30, 2014, until the initial budget is revised by the Commission. Establishes that the financial affairs of the Authority will be governed by the Local Government Finance Act.

Sets out 18 powers and duties of the Commission, including acquiring, administering, or otherwise regulating airports and/or landing fields for use by airplanes and other aircraft and all facilities incidental to their operation, within the limits of Mecklenburg County.

Clarifies that the Commission cannot exercise the power of eminent domain. Any such acquisition of property for airport purposes must be exercised by the City. Provides the Commission has the same tax exemptions in regards to taxes and license fees as provided for the city by state law. The Commission cannot levy any tax.

Provides that the Commission has control, on behalf of Charlotte, of the airport property, facilities, and all other property held or owned by Charlotte with respect to the Airport, real or personal, tangible or intangible, including cash and cash equivalents as well as other financial instruments. Sets out specific funds and charges the Commission now has control over.

Provides that the Commission acts on behalf of Charlotte in regards to all rights, duties, and obligations of the city in any commercial or development agreements pertaining to or related to airport property. Sets out six requirements of the Commission in regards to these agreements, including honoring and being bound by all pending or executory land or real property purchase contracts by Charlotte with respect to property and lands to be acquired for and in connection with the airport.

Provides that the Commission can employ an executive director and at the director's request Charlotte will continue to provide such services to the Commission as it currently provides to the Airport Department. Provides that the employees of Charlotte's Aviation Department will be employed and paid by the Commission. All benefits currently available to the employees will continue to exist as Commission employees.

Provides that the powers of the Commission created by this act are to be construed liberally in favor of the Commission. Requires the Commission, in its initial decisions, to consider the consultant recommendations made to Charlotte in 2013 concerning governance of the airport.

Creates the Charlotte Douglas International Airport Oversight Committee consisting of five members, one appointed by each of the following: the Governor, President Pro Tempore, Speaker, Mayor of Charlotte, and the City Council of Charlotte. The Committee is tasked with monitoring the actions of the Commission and making regular reports and recommendations to the Mayor and City Council containing information on five points, including whether the airport continues to be one of the best performing lowest cost major hub airports and whether the operations of the Commission comply with the provisions of this act. The Committee will terminate on July 1, 2015.

Includes a severability clause.