Bill Summary for S 795 (2019-2020)

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Summary date: 

May 18 2020
S.L. 2020-19

Bill Information:

View NCGA Bill Details2019-2020 Session
Senate Bill 795 (Local) Filed Monday, May 18, 2020
Intro. by McInnis.

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Bill summary

Renames the Laurinburg-Maxton Airport Commission (Commission) as the Southeast Regional Airport Authority. Charges the Authority with continuing to be a body corporate and politic, having hereby enumerated and otherwise conferred powers and jurisdiction. Does not change the name of the Laurinburg-Maxton Airport.

Details Authority membership and appointment. Sets terms of service at two years, beginning on January 1, with terms staggered. Limits service to two successive terms, with initial terms counted as a term, and allows for service upon lapse of two years following the most recent term served. Provides for counting of appointed terms. Prohibits members from serving 60 days beyond the member's term. Provides for  filling of vacancies. Requires members to take oaths of office. Excludes from successive membership restrictions the Scotland County Economic Development Director, who is an ex officio member. Provides for initial membership of the Authority.

Provides for member suspension or removal by the appointing authority for (1) cause affecting the member's duties and responsibilities as a member of the Authority, (2) misfeasance, malfeasance, or nonfeasance in office, (3) conduct tending to undermine the Authority's decisions, and (4) conduct exposing the Authority to liability for damages. Limits a member's personal liability within their scope as Authority members except for malfeasance.

Provides for the election of Authority officers, Authority meetings, and member compensation. Enumerates 18 powers of the Authority, including rulemaking, fee collection, real and personal property purchase, and bond issuance.

Deems the Authority eligible for the same tax and license fee exemptions and sales and use tax refunds as those provided for municipal corporations under state law.

Vests all right, title, and interest of the Commission in and to the Laurinburg-Maxton Airport property and facilities and all other properties owned by the Commission, real, personal, tangible or intangible, in the Authority, with no further action necessary to effectuate the vestment. Deems any lands acquired, owned, controlled, or occupied by the Authority to be so for a public purpose.

Requires the Authority to annually report to the Laurinburg City Council, Maxton Town Council, and the Scotland County Board of Commissioners regarding operations and transactions conducted pursuant to the act. Prohibits the Authority from pledging the credit of or imposing any obligation on either city, town, or county unless expressly granted by law.

Vests all rights and powers granted to counties and municipalities by general law relating to the development, regulation, and control of municipal airports and the regulation of aircraft, present and future, in the Authority. Authorizes the City of Laurinburg, Town of Maxton, and Scotland County to delegate their powers under these acts to the Authority, allowing the Authority to have concurrent rights with municipalities and counties to control, regulate, and provide for the development of aviation in Scotland County. 

Authorizes the City of Laurinburg City Council, Town of Maxton Town Council, and Scotland County Board of Commissioners to appropriate funds to carry out the act's provisions, and authorizes the Authority to expend the appropriated funds for joint airport purposes and to pledge the credit of the Authority to the extent of the appropriated funds. 

Includes a severability clause.

Provides for current Commission members' terms to expire December 31, 2020. Requires initial terms of Authority members to begin January 1, 2021.

Makes conforming repeals of specified session laws regarding the Laurinburg-Maxton Airport and the Commission.