HB812: relative to state acquisition of privately-owned airports.

CHAPTER 28

HB 812 – FINAL VERSION

07Jan2004… 2552h

15Apr2004… 1174eba

2004 SESSION

03-0873

09/10

HOUSE BILL 812

AN ACT relative to state acquisition of privately-owned airports.

SPONSORS: Rep. E. Smith, Ches 26; Rep. Leber, Merr 35; Sen. Morse, Dist 22

COMMITTEE: Public Works and Highways

AMENDED ANALYSIS

This bill establishes new requirements for state acquisition of airports in New Hampshire.

The bill also requires the director of the division of aeronautics and the aviation users advisory board to prepare a report on the preservation of privately-owned airports, in coordination with municipalities.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

07Jan2004… 2552h

15Apr2004… 1174eba

03-0873

09/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Four

AN ACT relative to state acquisition of privately-owned airports.

Be it Enacted by the Senate and House of Representatives in General Court convened:

28:1 Purchase or Transfer of Airports. RSA 422:19 is repealed and reenacted to read as follows:

422:19 Purchase or Transfer of Airports.

I. All registered privately-owned airports open to the public within the state offered for sale by an owner after July 2, 1989, shall be offered for sale to the state of New Hampshire in the first instance. The state of New Hampshire, acting through the commissioner with the approval of governor and council and the long range capital planning and utilization committee, shall have a right to match any verifiable bona fide offer made for such airports within the limits of funds available to the director for this purpose. The state shall have 90 days from the date of notification by owner that said airport is for sale to serve notice of intent to acquire under this section and to notify the long range capital planning and utilization committee.

II. Airports purchased under this section shall be held and maintained as airports in the statewide airport system and shall be offered for sale or transfer to a local municipality, county, or airport authority. If the state is unable to sell or transfer an airport to a local municipality, county, or airport authority within 5 years, the property shall be offered for sale or lease to any party for any purpose.

III. The commissioner shall request and maintain through the budget process, bonding authority in the amount of $5,000,000 for purchase of airports or option to purchase in accordance with this chapter.

IV. The state of New Hampshire, acting through the director, with the approval of the commissioner, shall present a request for a proposed purchase under this section or a public taking under RSA 4:29, to the long range capital planning and utilization committee for its approval.

V. The long range capital planning and utilization committee shall have 30 days after receipt of the request to render its decision on an airport acquisition.

VI. After approval of an airport acquisition by the long range capital planning and utilization committee, the commissioner shall seek final approval of the airport acquisition from the governor and executive council. As part of the approval process, the executive council shall hold a public hearing, within 30 days after approval by the long range capital planning and utilization committee, or comment in the municipality where the airport facility is located and shall render a decision within 30 days after the hearing.

28:2 Report Required. The director of the division of aeronautics, department of transportation, and the aviation users advisory board shall study and prepare a report on the preservation of privately-owned airports, in coordination with municipalities. The director of the division of aeronautics shall submit the report, on or before November 1, 2004, to the members of the long range planning and utilization committee, the governor, and the executive council.

28:3 Effective Date. This act shall take effect upon its passage.

(Approved: April 23, 2004)

(Effective Date: April 23, 2004)