WEST virginia legislature
2020 regular session
Introduced
Senate Bill 539
By Senator Maynard
[Introduced January 20,
2020; referred
to the Committee on the Judiciary]
A BILL to amend and reenact §8-29A-3 of the Code of West Virginia, 1931, as amended, relating to providing that county airport authorities may not prohibit the carry or possession of firearms by those lawful to carry or possess firearms in all public, nonsecure areas of an airport.
Be it enacted by the Legislature of West Virginia:
ARTICLE 29A. COUNTY AIRPORT AUTHORITIES.
§8-29A-3. Powers generally.
(a) The authority is
hereby authorized and empowered to may acquire, equip, construct,
improve, maintain and operate a public airport within the county, with all
usual and convenient appurtenances and facilities pertaining thereto,
including, but not limited to, an industrial park and a waterworks or sewerage
system or a combined waterworks and sewerage system, and said airport shall be
for the convenience and accommodation of the inhabitants of the county and the
public generally.
(b) A county airport authority
is hereby given power and authority as follows may:
(1) To Make
and adopt all necessary bylaws, rules and regulations for its organization and
operations not inconsistent with state and federal law: Provided,
That the authority may not make and adopt rules and regulations prohibiting the carry or possession of firearms by those
lawful to carry or possess firearms in all public, nonsecure areas.
(2) To Elect
its own officers, to appoint committees and to employ and fix the compensation
for personnel including attorneys necessary for its operation;
(3) To Delegate
any authority given to it by law to any of its officers, committees, agents or
employees;
(4) To Enter
into contracts with any person, governmental department, firm or corporation,
and generally to do any and all things necessary or convenient for the purpose
of acquiring, equipping, constructing, maintaining, improving, extending,
financing and operating a public airport, including the development of an
industrial park in the same general area;
(5) To Apply
for, receive and use grants-in-aid, donations and contributions from any source
or sources, including, but not limited to, the federal government and any
agency thereof, and the State of West Virginia, and to accept and use bequests,
devises, gifts and donations from any person, firm or corporation;
(6) To Enter
into any agreement with any person, including the federal or state government,
or any agency or subdivision thereof, in connection with obtaining funds for
its purposes, which agreement may contain such provisions, covenants, terms and
conditions as the authority may deem advisable;
(7) To Accept
contributions from time to time by the county commission and by any persons
that shall desire so to do;
(8) To Acquire
lands, structures or buildings and hold title thereto in its own name,
including, whenever it shall be deemed determined necessary by
the authority, to take or acquire such property either in fee or as easements,
to purchase same directly or through its agents from the owner or owners
thereof, or to exercise the power of eminent domain in the manner provided for
condemnation proceedings in chapter 54 of this code inasmuch as such these
purposes are hereby declared to be public uses for which private property may
be taken: Provided, That such the right of eminent domain shall
may not apply to the development of an industrial park;
(9) To Sell,
lease or otherwise dispose of any real estate which it may own;
(10) To Purchase,
own, hold, sell and dispose of personal property;
(11) To Borrow
money and execute and deliver negotiable notes, mortgage bonds, revenue bonds,
other bonds, debentures and other evidences of indebtedness therefor, and give
such security therefor as shall be is requisite, including giving
a mortgage or deed of trust on its airport properties and facilities or
assigning or pledging the gross or net revenues therefrom;
(12) To Raise
funds by the issuance and sale of revenue bonds or refunding bonds in the
manner provided by the applicable provisions of §8-16-1 et seq. of this
code, it being hereby expressly provided that, for that purpose, a county
airport authority shall be treated as a municipality or board as those terms
are used in said article sixteen §8-16-1 et seq. of this code;
(13) To Acquire,
construct, establish, equip, maintain and operate, within a reasonable distance
of the airport, a waterworks, a sewerage system or a combined waterworks and
sewerage system for its own use and for the use of any person, and to finance
the same by the issuance of revenue bonds as provided in this article:
Provided, That no existing waterworks or sewerage system, or any part
thereof, may be acquired without the prior consent and approval of the Public
Service Commission;
(14) To Establish,
charge and collect reasonable fees and charges for services or for the use of
any part of its property or facilities, or for both services and such use;
(15) To Lease
its airport and all or any part of the appurtenances and facilities therewith
to any available lessee, subject to all constitutional and statutory
limitations with respect thereto, at such rental and upon such terms and
conditions as the authority shall deem proper: Provided, That such
the lease shall be for some purpose associated with airport activities
and subordinate to any mortgage or deed of trust executed by the authority; and
(16) To Expend
its funds in the execution of the powers and authority herein given.
NOTE: The purpose of this bill is to clarify that no county airport authority in the state has the power to regulate the possession or carrying of a firearm by those lawful to do so in the unrestricted areas of the properties they manage.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.