Senate bill NO. 263

INTRODUCED BY K. Regier

By Request of the ****

A BILL FOR AN ACT ENTITLED: "AN ACT REVISING AIRPORT AUTHORITY CONTRACTING LAWS; ALLOWING AUTHORITIES TO ENTER INTO CERTAIN CONTRACTS, LEASES, AND ARRANGEMENTS FOR 50 YEARS; AND AMENDING SECTION 67-11-211, MCA.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

Section 1. Section 67-11-211, MCA, is amended to read:

"67-11-211. Granting of operation and use privileges. (1) In connection with the operation of an airport or air navigation facility owned or controlled by an authority, the authority may enter into contracts, leases, and other arrangements for terms not to exceed 40 50 years with any persons:

(a)        granting the privilege of using or improving the airport or air navigation facility or any portion or facility of or space in the airport or air navigation facility for commercial purposes;

(b)        conferring the privilege of supplying goods, commodities, things, services, or facilities at the airport or air navigation facility; and

(c)        making available services to be furnished by the authority or its agents at the airport or air navigation facility.

(2)        In each case, the authority may establish the terms and conditions and fix the charges, rentals, or fees for the privileges or services, which must be reasonable and uniform for the same class of privilege or service; provided that the public may not be deprived of its rightful, equal, and uniform use of the airport, air navigation facility, or portion or facility of the airport or air navigation facility.

(3)          Except as may be limited by the terms and conditions of any grant, loan, or agreement authorized by 67-11-305, an authority may by contract, lease, or other arrangement, upon a consideration fixed by it, grant to any qualified person for a term not to exceed 40 50 years the privilege of operating, as agent of the authority or otherwise, any airport owned or controlled by the authority; provided that a person may not be granted any authority to operate an airport other than as a public airport or to enter into any contracts, leases, or other arrangements in connection with the operation of the airport which the authority might not have undertaken under subsections (1) and (2)."