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REFERENCE TITLE: airports; nonprofit corporation lessees; liability |
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State of Arizona Senate Fifty-first Legislature First Regular Session 2013
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SB 1272 |
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Introduced by Senators Shooter, Pancrazi
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AN ACT
amending section 28-8424, Arizona Revised Statutes; relating to airports.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 28-8424, Arizona Revised Statutes, is amended to read:
28-8424. Nonprofit corporation lessees; status; authority; exemptions
A. A nonprofit corporation that is a lessee as provided in section 28‑8423:
1. Is a validly organized and existing body politic and corporate exercising its powers for the benefit of the people, for the improvement of the people's health and welfare and for the increase of the people's traffic and prosperity.
2. Is engaged in a public purpose essential to transportation and communication.
3. Performs an essential governmental function as an agency or instrumentality of the city, town, county or state.
4. Is exempt from property taxation by this state or an agency of this state.
5. Possesses and may exercise police powers and other governmental powers on the terms, conditions, limitations, restrictions and agreements provided in the lease agreements.
6. May issue bonds, incur obligations and pledge its revenues as security for the payment of bonds and obligations for airport and air terminal purposes to the extent provided by the lease agreement as it exists or as it may be amended, without regard to any statutory limitation of indebtedness of corporations having authorized capital stock.
7. May assume exclusive liability, municipal or otherwise, or hold harmless a city, town, county or this state for or defend against any legal or financial obligations that may arise during the course and scope of its operation of airport facilities if the assumption is expressly designated in the lease agreement.
B. The following do not apply to a nonprofit corporation that leases the Grand Canyon national park airport as provided in section 28‑8423:
1. Chapter 20, article 2 of this title.
2. Title 33, chapter 7, article 6.
3. Title 41, chapter 4, article articles 5 and 6.
4. Title 41, chapter 6.
5. Title 41, chapter 23.