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Public Airport Authority Act Modernization

Concerning modernization of the public airport authority act.
2023 Regular Session
Local Government
Bill Summary

The "Public Airport Authority Act" (act) authorizes a county or a municipality, or a combination of counties and municipalities, to create an airport authority to operate an airport located within the county or municipality or the combination of counties and municipalities. The bill modernizes the act as follows:

  • Section 1 of the bill defines "inflation" as the annual percentage change in the United States department of labor, bureau of labor statistics, consumer price index for Denver-Aurora-Lakewood for all items paid by all urban consumers, or its successor index;
  • Section 2 clarifies the extent of the power of a county, a municipality, or a combination of counties and municipalities, to terminate an airport authority by requiring that a terminating county, municipality, or combination assume the terminated authority's outstanding financial and contractual obligations and requiring that a terminating county, municipality, or combination operate and maintain the airport that the airport authority previously operated, and receive and hold title to the land on which the airport is located;
  • Section 3 clarifies that members of an airport authority's board of commissioners (board) do not receive compensation for their services, members of a board are subject to the statutory ethics and conflict of interest provisions that apply to local government officials, a member of a board who was appointed to fill a vacancy may be appointed to serve a successive term, and that board meetings are subject to statutory open meetings requirements;
  • Section 3 changes the requirement that 60% of board members be present for a quorum to 50%;
  • Section 3 clarifies that the majority vote of all members of a board is required for questions involving the inclusion in or exclusion from an airport authority of a municipality or county and for authorizing an expenditure greater than $250,000;
  • Section 3 modifies the process by which a board procures contracts, including updating the process for a board to award a contract to the lowest bidder after soliciting an invitation for bids and clarifying that the process to award a contract to the lowest bidder applies only to capital improvement projects and the purchase of new vehicles and equipment;
  • Section 4 clarifies an airport authority's powers to remove hazards and encroachments, impose fees on airport users to defray the cost of operating an airport, and regulate commercial activities conducted within at an airport authority ;
  • Section 4 clarifies that an airport authority must follow local zoning regulations when erecting structures within an airport authority and that an airport authority may invest surplus money in a local government investment pool;
  • Section 4 allows an airport authority to request that a county or municipality within which the airport authority is located levy a tax for the airport authority's benefit or modify or adopt certain local zoning regulations;
  • Section 5 clarifies that tenants or users of an airport that an airport authority operates are not entitled to any of the tax exemptions that apply to airport authorities; and
  • Section 6 makes a conforming amendment to clarify that a member of a board is a local government official.

(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)

(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)


Became Law


Bill Text

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