(a) Authorization; Resolution; Appointment and Removal of Commissioners. (1) Two (2) or more municipalities may, by resolution of each, create a public body, corporate and politic, to be known as a regional airport authority, which shall be authorized to exercise its functions upon the issuance by the secretary of state of a certificate of incorporation. The governing body of each municipality shall, pursuant to its resolution, appoint one (1) person as a commissioner of the authority; provided, that if the regional airport authority consists of an even number of municipalities, an additional commissioner shall be appointed by the governor.(2) In addition to the procedure set forth in subdivision (a)(1), one (1) or more municipalities and one (1) or more counties may, by resolution of each, create a public body, corporate and politic, to be known as a regional airport authority, which shall be authorized to exercise its functions upon the issuance by the secretary of state of a certificate of incorporation. The governing body of each participating municipality and the governing body of each participating county shall, pursuant to its resolution, appoint two (2) persons as commissioners of the authority. When the appointed commissioners convene, their first item of business shall be to appoint one (1) additional commissioner. If the commissioners cannot agree on the appointment of the additional commissioner, that position shall be filled by appointment of the governor.(3) In addition to the procedures set forth in subdivisions (a)(1) and (2), when three (3) or more municipalities and counties and at least one (1) political subdivision of another state jointly create and participate in a regional airport commission, then all such municipalities, counties, and the political subdivisions of another state who have participated in such regional airport commission, may, by resolution of each, create a public body, corporate and politic, to be known as a regional airport authority, which shall be authorized to exercise its functions upon the issuance by the secretary of state of a certificate of incorporation.(4) (A) A commissioner or all of the commissioners of an authority may be removed for incompetency, failure or neglect to perform the duties required by law, malfeasance, misfeasance, misconduct or corruption in office or for any other good and sufficient reason.(B) If the governor makes an appointment pursuant to subdivision (a)(1) or (a)(2), the governor is authorized to remove the commissioner so appointed upon written charges and after a public hearing.(C) The governing body of the municipality, county, or the commissioners of the regional airport authority, as appropriate, that made the original appointment or appointments pursuant to subdivision (a)(1) or (a)(2) are authorized to remove the commissioner or commissioners so appointed by a two-thirds (⅔) vote of the governing body of the municipality, county, or regional airport authority, as appropriate, upon written charges and after a public hearing.(D) If removed, a vacancy shall exist on the authority of the commissioner or commissioners so removed and the vacancy shall be filled for the unexpired term by the governing body of the municipality, county, or the commissioners of the regional airport authority or the governor, as appropriate, in the same manner as in the case of the original appointment.
(1) Two (2) or more municipalities may, by resolution of each, create a public body, corporate and politic, to be known as a regional airport authority, which shall be authorized to exercise its functions upon the issuance by the secretary of state of a certificate of incorporation. The governing body of each municipality shall, pursuant to its resolution, appoint one (1) person as a commissioner of the authority; provided, that if the regional airport authority consists of an even number of municipalities, an additional commissioner shall be appointed by the governor.
(2) In addition to the procedure set forth in subdivision (a)(1), one (1) or more municipalities and one (1) or more counties may, by resolution of each, create a public body, corporate and politic, to be known as a regional airport authority, which shall be authorized to exercise its functions upon the issuance by the secretary of state of a certificate of incorporation. The governing body of each participating municipality and the governing body of each participating county shall, pursuant to its resolution, appoint two (2) persons as commissioners of the authority. When the appointed commissioners convene, their first item of business shall be to appoint one (1) additional commissioner. If the commissioners cannot agree on the appointment of the additional commissioner, that position shall be filled by appointment of the governor.
(3) In addition to the procedures set forth in subdivisions (a)(1) and (2), when three (3) or more municipalities and counties and at least one (1) political subdivision of another state jointly create and participate in a regional airport commission, then all such municipalities, counties, and the political subdivisions of another state who have participated in such regional airport commission, may, by resolution of each, create a public body, corporate and politic, to be known as a regional airport authority, which shall be authorized to exercise its functions upon the issuance by the secretary of state of a certificate of incorporation.
(4) (A) A commissioner or all of the commissioners of an authority may be removed for incompetency, failure or neglect to perform the duties required by law, malfeasance, misfeasance, misconduct or corruption in office or for any other good and sufficient reason.(B) If the governor makes an appointment pursuant to subdivision (a)(1) or (a)(2), the governor is authorized to remove the commissioner so appointed upon written charges and after a public hearing.(C) The governing body of the municipality, county, or the commissioners of the regional airport authority, as appropriate, that made the original appointment or appointments pursuant to subdivision (a)(1) or (a)(2) are authorized to remove the commissioner or commissioners so appointed by a two-thirds (⅔) vote of the governing body of the municipality, county, or regional airport authority, as appropriate, upon written charges and after a public hearing.(D) If removed, a vacancy shall exist on the authority of the commissioner or commissioners so removed and the vacancy shall be filled for the unexpired term by the governing body of the municipality, county, or the commissioners of the regional airport authority or the governor, as appropriate, in the same manner as in the case of the original appointment.
(A) A commissioner or all of the commissioners of an authority may be removed for incompetency, failure or neglect to perform the duties required by law, malfeasance, misfeasance, misconduct or corruption in office or for any other good and sufficient reason.
(B) If the governor makes an appointment pursuant to subdivision (a)(1) or (a)(2), the governor is authorized to remove the commissioner so appointed upon written charges and after a public hearing.
(C) The governing body of the municipality, county, or the commissioners of the regional airport authority, as appropriate, that made the original appointment or appointments pursuant to subdivision (a)(1) or (a)(2) are authorized to remove the commissioner or commissioners so appointed by a two-thirds (⅔) vote of the governing body of the municipality, county, or regional airport authority, as appropriate, upon written charges and after a public hearing.
(D) If removed, a vacancy shall exist on the authority of the commissioner or commissioners so removed and the vacancy shall be filled for the unexpired term by the governing body of the municipality, county, or the commissioners of the regional airport authority or the governor, as appropriate, in the same manner as in the case of the original appointment.
(b) Increase in Municipalities Served. A regional airport authority may be increased from time to time to serve one (1) or more additional municipalities if each additional municipality and each of the municipalities then included in the regional authority and the commissioners of the regional authority, respectively, adopt a resolution consenting to the increase; provided, that if a municipal airport authority for any municipality seeking to be included in the regional authority is then in existence, the commissioners of the municipal authority consent to the inclusion of the municipality in the regional authority; and provided further, that if the municipal authority has any bonds outstanding, that the holders of at least sixty percent (60%) of the bonds consent, in writing, to the inclusion of the municipality in the regional authority. Upon the inclusion of any municipality in the regional authority, all rights, contracts, obligations, and property, real and personal, of the municipal authority shall be in the name of and vest in the regional authority.
(c) Decrease in Municipalities Served. A regional airport authority may be decreased if each of the municipalities then included in the regional authority and the commissioners of the regional authority consent to the decrease and make provisions for the retention or disposition of its assets and liabilities; provided, that if the regional authority has any bonds outstanding, no decrease shall be effected unless the holders of at least sixty percent (60%) of the bonds consent to the decrease in writing.
(d) Notice and Hearing as to Ordinances and Resolutions. A municipality shall not adopt any ordinance or resolution authorized by this section without a public hearing. Notice of the hearing shall be given at least ten (10) days prior to the hearing in a newspaper published in the municipality, or, if there is no newspaper published in the municipality, then in a newspaper having general circulation in the municipality.
(e) Term of Commissioners — Vacancies. All commissioners of a regional airport authority created in accordance with subdivision (a)(1) or (a)(2) shall be appointed for terms of five (5) years each, except that a vacancy occurring other than by expiration of term shall be filled for the unexpired term in the same manner as the original appointments. Appointments at the expiration of a term shall be filled by the governing body of the participating municipality, the governing body of the participating county, or by the commissioners or the governor, as appropriate, that made the original appointments in accordance with subdivision (a)(1) or (a)(2).
(f) Notwithstanding this section to the contrary:(1) The governing body of an existing regional airport authority created pursuant to subdivision (a)(3) is vacated and reconstituted pursuant to this subsection (f).(2) The governing body of a regional airport authority created pursuant to subdivision (a)(3) is a board of commissioners of twelve (12) persons appointed as follows:(A) Two (2) persons to be appointed by the speaker of the house of representatives, one (1) of whom is a resident of a participating political subdivision of another state, and one (1) of whom is a resident of the participating county in which the airport is located;(B) Two (2) persons to be appointed by the speaker of the senate, one (1) of whom is a resident of a participating municipality located in the county in which the airport is located and that does not border the participating political subdivision of another state, and one (1) of whom is a resident of the participating municipality located in the county in which the airport is not located;(C) Three (3) persons to be appointed by the governor, two (2) of whom are residents of a participating county in which the airport is not located, and one (1) of whom is a resident of a participating municipality located in a county in which the airport is not located;(D) One (1) person appointed by the executive officer of the participating county in which the airport is located and approved by its governing body;(E) One (1) person appointed by the executive officer of the participating municipality located in the county in which the airport is located and that does not border a participating political subdivision of another state and approved by its governing body;(F) One (1) person appointed by the executive officer of a participating municipality located in the county in which the airport is located and that borders a participating political subdivision of another state and approved by its governing body;(G) One (1) person appointed by the executive officer of a participating county in which the airport is not located and approved by its governing body; and(H) One (1) person appointed by the executive officer of a participating municipality located in the county in which the airport is not located and approved by its governing body.(3) Persons appointed to the board must have no financial interest in an airport or its concessions at the time of the commissioner's appointment and during the commissioner's tenure on the board.(4) In order to stagger the terms of the newly appointed board, initial appointments are made as follows:(A) Commissioners appointed under subdivision (f)(2)(C) serve initial two-year terms;(B) Commissioners appointed under subdivision (f)(2)(A) serve initial three-year terms;(C) Commissioners appointed under subdivision (f)(2)(B) serve initial four-year terms; and(D) Commissioners appointed under subdivisions (f)(2)(D)-(H) serve initial five-year terms;(5) Following the expiration of a commissioner's initial term, as prescribed in subdivision (f)(4), all terms are four (4) years, to begin on July 1 and terminate on June 30, four (4) years thereafter. The beginning of an initial term is deemed to be July 1 of the calendar year in which the appointment occurs, regardless of whether the actual appointment date occurs before or after July 1 of that year;(6) In making the appointments to the board, the appointing authorities shall strive to ensure that the membership is representative of the geographic and demographic composition of this state, the participating municipalities and counties of this state, or the political subdivisions of another state, and that at least one (1) commissioner is a female;(7) In addition to subdivision (f)(6), in making the appointments to the board, the appointing authorities shall ensure that each commissioner is generally a person of excellent character and reputation. It is the legislative intent that each commissioner be a person in good standing and reputation in one (1) of the following fields:(A) Engineering or architecture, with a license to practice in the state and an active practice in such profession for the preceding five (5) years;(B) Law, with a license to practice before the highest court in this state for a period of not less than five (5) years;(C) Industry, business, or commerce;(D) Public safety;(E) Aviation; or(F) Finance;(8) A commissioner:(A) Serves in such capacity until the expiration of the term to which the commissioner was appointed and until the commissioner's successor is duly appointed and qualified; and(B) May be removed by the commissioner's appointing authority with or without cause. A vacancy created by the removal of a commissioner is filled by the appointing authority in the same manner as the original appointment;(9) The authority shall submit quarterly reports or briefings of the activities, plans, and conditions of the authority, and any proposals for capital expansion or improvements to members of the legislative body of each participating municipality and county of this state and political subdivision of another state; the governor; the speaker of the house of representatives; and the speaker of the senate prior to the expansion or improvements;(10) The authority shall maintain its books and prepare its financial statements in a timely manner satisfactory to the state and pay the state for all costs the state incurs in reviewing and auditing the authority's finances; and(11) The authority is subject to all other provisions of this chapter to the extent otherwise applicable, except as provided by this subsection (f).
(1) The governing body of an existing regional airport authority created pursuant to subdivision (a)(3) is vacated and reconstituted pursuant to this subsection (f).
(2) The governing body of a regional airport authority created pursuant to subdivision (a)(3) is a board of commissioners of twelve (12) persons appointed as follows:(A) Two (2) persons to be appointed by the speaker of the house of representatives, one (1) of whom is a resident of a participating political subdivision of another state, and one (1) of whom is a resident of the participating county in which the airport is located;(B) Two (2) persons to be appointed by the speaker of the senate, one (1) of whom is a resident of a participating municipality located in the county in which the airport is located and that does not border the participating political subdivision of another state, and one (1) of whom is a resident of the participating municipality located in the county in which the airport is not located;(C) Three (3) persons to be appointed by the governor, two (2) of whom are residents of a participating county in which the airport is not located, and one (1) of whom is a resident of a participating municipality located in a county in which the airport is not located;(D) One (1) person appointed by the executive officer of the participating county in which the airport is located and approved by its governing body;(E) One (1) person appointed by the executive officer of the participating municipality located in the county in which the airport is located and that does not border a participating political subdivision of another state and approved by its governing body;(F) One (1) person appointed by the executive officer of a participating municipality located in the county in which the airport is located and that borders a participating political subdivision of another state and approved by its governing body;(G) One (1) person appointed by the executive officer of a participating county in which the airport is not located and approved by its governing body; and(H) One (1) person appointed by the executive officer of a participating municipality located in the county in which the airport is not located and approved by its governing body.
(A) Two (2) persons to be appointed by the speaker of the house of representatives, one (1) of whom is a resident of a participating political subdivision of another state, and one (1) of whom is a resident of the participating county in which the airport is located;
(B) Two (2) persons to be appointed by the speaker of the senate, one (1) of whom is a resident of a participating municipality located in the county in which the airport is located and that does not border the participating political subdivision of another state, and one (1) of whom is a resident of the participating municipality located in the county in which the airport is not located;
(C) Three (3) persons to be appointed by the governor, two (2) of whom are residents of a participating county in which the airport is not located, and one (1) of whom is a resident of a participating municipality located in a county in which the airport is not located;
(D) One (1) person appointed by the executive officer of the participating county in which the airport is located and approved by its governing body;
(E) One (1) person appointed by the executive officer of the participating municipality located in the county in which the airport is located and that does not border a participating political subdivision of another state and approved by its governing body;
(F) One (1) person appointed by the executive officer of a participating municipality located in the county in which the airport is located and that borders a participating political subdivision of another state and approved by its governing body;
(G) One (1) person appointed by the executive officer of a participating county in which the airport is not located and approved by its governing body; and
(H) One (1) person appointed by the executive officer of a participating municipality located in the county in which the airport is not located and approved by its governing body.
(3) Persons appointed to the board must have no financial interest in an airport or its concessions at the time of the commissioner's appointment and during the commissioner's tenure on the board.
(4) In order to stagger the terms of the newly appointed board, initial appointments are made as follows:(A) Commissioners appointed under subdivision (f)(2)(C) serve initial two-year terms;(B) Commissioners appointed under subdivision (f)(2)(A) serve initial three-year terms;(C) Commissioners appointed under subdivision (f)(2)(B) serve initial four-year terms; and(D) Commissioners appointed under subdivisions (f)(2)(D)-(H) serve initial five-year terms;
(A) Commissioners appointed under subdivision (f)(2)(C) serve initial two-year terms;
(B) Commissioners appointed under subdivision (f)(2)(A) serve initial three-year terms;
(C) Commissioners appointed under subdivision (f)(2)(B) serve initial four-year terms; and
(D) Commissioners appointed under subdivisions (f)(2)(D)-(H) serve initial five-year terms;
(5) Following the expiration of a commissioner's initial term, as prescribed in subdivision (f)(4), all terms are four (4) years, to begin on July 1 and terminate on June 30, four (4) years thereafter. The beginning of an initial term is deemed to be July 1 of the calendar year in which the appointment occurs, regardless of whether the actual appointment date occurs before or after July 1 of that year;
(6) In making the appointments to the board, the appointing authorities shall strive to ensure that the membership is representative of the geographic and demographic composition of this state, the participating municipalities and counties of this state, or the political subdivisions of another state, and that at least one (1) commissioner is a female;
(7) In addition to subdivision (f)(6), in making the appointments to the board, the appointing authorities shall ensure that each commissioner is generally a person of excellent character and reputation. It is the legislative intent that each commissioner be a person in good standing and reputation in one (1) of the following fields:(A) Engineering or architecture, with a license to practice in the state and an active practice in such profession for the preceding five (5) years;(B) Law, with a license to practice before the highest court in this state for a period of not less than five (5) years;(C) Industry, business, or commerce;(D) Public safety;(E) Aviation; or(F) Finance;
(A) Engineering or architecture, with a license to practice in the state and an active practice in such profession for the preceding five (5) years;
(B) Law, with a license to practice before the highest court in this state for a period of not less than five (5) years;
(C) Industry, business, or commerce;
(D) Public safety;
(E) Aviation; or
(F) Finance;
(8) A commissioner:(A) Serves in such capacity until the expiration of the term to which the commissioner was appointed and until the commissioner's successor is duly appointed and qualified; and(B) May be removed by the commissioner's appointing authority with or without cause. A vacancy created by the removal of a commissioner is filled by the appointing authority in the same manner as the original appointment;
(A) Serves in such capacity until the expiration of the term to which the commissioner was appointed and until the commissioner's successor is duly appointed and qualified; and
(B) May be removed by the commissioner's appointing authority with or without cause. A vacancy created by the removal of a commissioner is filled by the appointing authority in the same manner as the original appointment;
(9) The authority shall submit quarterly reports or briefings of the activities, plans, and conditions of the authority, and any proposals for capital expansion or improvements to members of the legislative body of each participating municipality and county of this state and political subdivision of another state; the governor; the speaker of the house of representatives; and the speaker of the senate prior to the expansion or improvements;
(10) The authority shall maintain its books and prepare its financial statements in a timely manner satisfactory to the state and pay the state for all costs the state incurs in reviewing and auditing the authority's finances; and
(11) The authority is subject to all other provisions of this chapter to the extent otherwise applicable, except as provided by this subsection (f).