1
2
3
4
5
6
7 LONG TITLE
8 General Description:
9 This bill requires certain municipalities, counties, or airport authorities that own
10 airports in another municipality or county to maintain an advisory board.
11 Highlighted Provisions:
12 This bill:
13 ▸ defines terms;
14 ▸ requires certain municipalities, counties, or airport authorities that own airports in
15 another municipality or county to maintain an advisory board;
16 ▸ provides for membership on the advisory board;
17 ▸ provides for selection of a chair of the advisory board;
18 ▸ provides for transition and terms of board members;
19 ▸ allows municipalities or counties where an extraterritorial airport is located to create
20 an extraterritorial airport advisory board;
21 ▸ allows an advisory role for selection of a fixed base operator for each airport; and
22 ▸ requires a report to the Transportation Interim Committee.
23 Money Appropriated in this Bill:
24 None
25 Other Special Clauses:
26 None
27 Utah Code Sections Affected:
28 ENACTS:
29 72-10-203.5, Utah Code Annotated 1953
30
31 Be it enacted by the Legislature of the state of Utah:
32 Section 1. Section 72-10-203.5 is enacted to read:
33 72-10-203.5. Advisory boards of airports and extraterritorial airports.
34 (1) For purposes of this section:
35 (a) "Airport owner" means the municipality, county, or airport authority that owns one
36 or more airports.
37 (b) "Extraterritorial airport" means an airport, including the airport facilities, real
38 estate, or other assets related to the operation of an airport, outside the municipality or county
39 and within the boundary of a different municipality or county.
40 (2) (a) If an airport owner that owns an international airport also owns one or more
41 extraterritorial airports, the airport owner shall create and maintain an advisory board as
42 described in this section.
43 (b) The advisory board shall advise and consult the airport owner according to the
44 process set forth in ordinance, rule, or regulation of the airport owner.
45 (3) (a) An advisory board described in Subsection (2) shall consist of eleven members,
46 appointed as follows:
47 (i) one individual from each of municipality or county in which an extraterritorial
48 airport is located, appointed:
49 (A) according to an ordinance or policy in place in each municipality or county for
50 appointing individuals to a board, if any; or
51 (B) if no ordinance or policy described in Subsection (3)(a)(i)(A) exists, by the chief
52 executive officer of the municipality or county, with advice and consent from the legislative
53 body of the municipality or county in which the extraterritorial airport is located; and
54 (ii) as many individuals as necessary, appointed by the chief executive officer of the
55 airport owner, with advice and consent from the legislative body of the airport owner, when
56 added to the individuals appointed under Subsection (3)(a)(i), to equal eleven total members on
57 the advisory board.
58 (b) The airport owner shall ensure that members of the advisory board have the
59 following qualifications:
60 (i) at least one member with experience in commercial or industrial construction
61 projects with a budget of at least $10,000,000; and
62 (ii) at least one member with experience in management and oversight of an entity with
63 an operating budget of at least $10,000,000.
64 (4) (a) (i) Except as provided in Subsections (4)(b) and (6)(b), the term of office for
65 members of the advisory board shall be four years or until a successor is appointed, qualified,
66 seated, and has taken the oath of office.
67 (ii) A member of the advisory board may serve two terms.
68 (b) When a vacancy occurs on the board for any reason, the replacement shall be
69 appointed according to the procedures set forth in Subsection (3) for the member who vacated
70 the seat, and the replacement shall serve for the remainder of the unexpired term.
71 (5) The advisory board shall select a chair of the advisory board.
72 (6) (a) For an airport owner that owns and operates an extraterritorial airport as of
73 March 9, 2017, that has an advisory board in place, the members of the advisory board may
74 complete the member's respective current term on the advisory board.
75 (b) After March 9, 2017, and upon expiration of the current term of each member of
76 the advisory board serving as of March 9, 2017, the airport owner shall ensure that the
77 membership of the advisory board transitions to reflect the requirements of this section.
78 (7) (a) The chief executive officer of each municipality or county in which an
79 extraterritorial airport is located, with the advice and consent of the respective legislative body
80 of the municipality or county, may create an extraterritorial airport advisory board to represent
81 the interests of the extraterritorial airport.
82 (b) The extraterritorial airport advisory boards described in Subsection (7)(a) shall
83 meet at least quarterly, and:
84 (i) shall provide advisory support to the member of the advisory board representing the
85 municipality or county; and
86 (ii) may advise in the request for proposals process of a fixed base operator for the
87 respective extraterritorial airport.
88 (8) The airport owner, in consultation with the airport advisory board, shall, consistent
89 with the requirements of federal law, study, produce an analysis, and advise regarding the
90 highest and best use and operational strategy for each airport, including all lands, facilities, and
91 assets owned by the airport owner.
92 (9) An airport owner, in consultation with the State Tax Commission and the county
93 assessor of a county in which an extraterritorial airport is located, shall explore in good faith
94 whether a municipality or county where an extraterritorial airport is located receives
95 airport-related tax disbursements to which the municipality or county is entitled
96 (10) An airport owner shall report annually to the Transportation Interim Committee
97 regarding the requirements in this section.