Michigan Compiled Laws
327-1945-VIIA. - Chapter Viia. Acquisition and Operation of Airports, Landing Fields, and Other Aeronautical Facilities by Regional Airport Authorities (259.137...259.149)
Section 259.138 - Definitions.

Sec. 138.
(1) Unless specified otherwise in this chapter, definitions in chapter II apply to terms used in this chapter.
(2) As used in this chapter:
(a) "Airport" means a publicly owned airport licensed by the department under section 86 and includes all airport facilities at the airport. An airport is publicly owned if the portion used for the landing and taking off of aircraft is owned, operated, controlled, leased to, or leased by the United States or an agency or department of the United States, this state, a local government, or another public corporation.
(b) "Airport facilities" means any of the following at an airport:
(i) Real or personal property, or an interest in real or personal property, used for the landing, taking off, taxiing, parking, or storing of aircraft, or for receiving or discharging passengers or cargo, an appurtenant area used for an airport building or other facility, and any appurtenant right-of-way.
(ii) Real or personal property, including an easement, used for over-flight, noise abatement, a clear zone, a side transition zone, an environmental mitigation requirement, utilities, a drainage system, a right-of-way, or any other requirement imposed as a condition of approving the acquisition, construction, expansion, or operation of other airport facilities, whether or not located within the boundaries of the local government.
(iii) Structures, buildings, and improvements, including aeronautical and nonaeronautical, commercial or noncommercial structures, concessions, roadways, beacons, markers, communication systems, and navigational aids.
(iv) Any other improvements or facilities necessary, useful, or intended for use in the operation of an airport.
(c) "Approval date" means, for airports certificated under 14 CFR part 139, the date of the issuance by the FAA to the regional authority assuming operational jurisdiction of the airport of a certificate under 14 CFR part 139 with respect to the airport, and the concurrence by the FAA of the designation of the regional authority as a sponsor of the airport, including the FAA's approval of the assignment of existing grant agreements to the regional authority, or, for an uncertificated airport, the date specified in the agreement pursuant to which the airport is to be transferred to the regional authority, as approved by the FAA.
(d) "Board" means the governing body of a regional authority appointed under section 140.
(e) "Chief executive officer" means the chief administrative officer of a regional authority.
(f) "Enplanement" means a domestic, territorial, or international revenue passenger who boards an aircraft that departs from the airport.
(g) "FAA" means the Federal Aviation Administration of the United States Department of Transportation, or any successor agency.
(h) "Fiscal year" means the annual period that is the fiscal year of the local government or another annual period established by the board.
(i) "Legislative body" means the elected body of a local government that has legislative powers.
(j) "Local government" means a county, city, township, or village that creates the regional authority.
(k) "Regional authority" means a regional airport authority created under section 139 and governed by a board.
(l) "Sponsor" means a public agency authorized by 49 USC 47101 to 47134 to submit requests for, accept, and be responsible for performing all of the assurances associated with accepting grant agreements with respect to airports from the FAA or this state, and to perform some duties and responsibilities previously assumed by the local government that owns or operates the airport before the transfer of operational jurisdiction of the airport to an authority created under this chapter by virtue of the local government's acceptance before the approval date of grants for the benefit of the airport from the FAA or another agency of the United States or this state.
History: Add. 2015, Act 95, Imd. Eff. June 30, 2015

Structure Michigan Compiled Laws

Michigan Compiled Laws

Chapter 259 - Aviation

Act 327 of 1945 - Aeronautics Code of the State of Michigan (259.1 - 259.208)

327-1945-VIIA. - Chapter Viia. Acquisition and Operation of Airports, Landing Fields, and Other Aeronautical Facilities by Regional Airport Authorities (259.137...259.149)

Section 259.137 - Chapter Short Title.

Section 259.138 - Definitions.

Section 259.139 - Authority as Public Body Corporate; Intent to Incorporate Regional Authority; Resolution; Presumption of Validity; Rules Prohibited.

Section 259.140 - Board; Membership; Terms; Qualifications; Appointment; Expiration; Resignation; Vacancy; Removal; First Meeting; Election of Officers; Withdrawal of Power From Chief Executive Officer; Compensation; Expenses; Action of Board by Reso...

Section 259.141 - Meetings; Audit Committee.

Section 259.142 - Chief Executive Officer; Chief Financial Officer; Appointment; Qualifications; Duties and Responsibilities; Regional Authority; Procurement Policies and Procedures; Purchasing Contracts and Agreements; Members of Board or Officer, A...

Section 259.143 - Regional Authority; Powers; Limitations; Actions by Local Government.

Section 259.144 - Approval Date; Powers and Duties of Regional Authority and Local Government; Assumption of Actions, Commitments, and Proceedings by Regional Authority; Right and Authority to Occupy, Operate, Control, and Use Airport Facilities; Acq...

Section 259.145 - Transfer of Operational Jurisdiction Over Airport to Regional Authority; Contracts Not Impaired; Relief of Local Government From Certain Costs and Responsibilities; Duties of Local Government; Transitional Services; Payment of Costs...

Section 259.146 - Employees; Transfer to Regional Authority; Dates; Terms of Employment; Collective Bargaining Agreement; Regional Authority as Employer; Retirement System or Pension Plan; Transfer of Amounts Under Subsection (3); Assumption of Retir...

Section 259.147 - Transfer of Operational Jurisdiction of Other Publicly Owned Airports to Regional Authority.

Section 259.148 - Issuance of Bonds, Notes, or Other Evidences of Indebtedness by Regional Authority.

Section 259.149 - Purposes of Regional Authority; Effectuation; Payment of Taxes or Assessments Not Required.