HB0182 - Aeronautics commission-amended authority.
|
2001 |
State of Wyoming |
01LSO-0503 |
HOUSE BILL NO. HB0182
Aeronautics commission-amended authority.
Sponsored by: Representative(s) Illoway, Hessenthaler,
Huckfeldt, Simpson
and Warren and Senator(s)
Coe, Decaria and
Peck
A BILL
for
1 AN ACT relating to the
authority of the aeronautics
2
commission; increasing the size of the commission as
3
specified; requiring the commission to meet as specified;
4
specifying that joint powers boards may participate in the
5
grant-in-aid program; establishing expanded duties of the
6
commission as specified; requiring a report; amending the
7
authority of the department of transportation to provide
8 air
transportation to state agencies as specified; amending
9
ratios of matching funds necessary for projects to proceed;
10 creating a revolving loan program as
specified; repealing a
11 duty of the commission; and providing for an
effective
12 date.
13
14 Be It Enacted by the Legislature of the State of Wyoming:
15
Page 1
1 Section
1. W.S.
10-3-101(a) and by creating a new
2
subsection (h), 10-3-201(b), (c)(intro), (ii) and (iii) and
3
by creating new subsections (d) through (g), 10-3-202,
4
10-3-401(a), (b) and by creating a new subsection (d),
5
10-3-402 and 10-3-403(a) are amended to read:
6
7 10-3-101. Creation; composition;
appointment; term;
8 removal; qualifications;
vacancies; compensation; office;
9 acceptance of grants.
10
11 (a) The
commission is created to consist of seven (7)
13 with the consent of the senate, each to
serve for a term of
14 six (6) years. Two (2) commissioners shall
be appointed
15 at-large for a term of six (6) years. The director of the
16 department shall
serve as an ex officio member of the
17 commission, but
shall not vote on matters before the
18 commission.
The governor may remove any commissioner as
19 provided in W.S. 9-1-202.
20
21 (h) The commission shall meet as necessary to
22 properly
exercise its functions, but shall meet not less
23 than
semiannually to consider the distribution of grants
24 and
loans under W.S. 10-3-401 and 10-3-403.
Page 2
1
2 10-3-201. Powers and duties generally.
3
4 (b) The
aeronautics commission may designate the
5
airports to be built and maintained with the assistance of
6
state or federal funds and is the sole authority to
7
determine the disbursement of funds for the state's
8
airports. The aeronautics commission through the department
9
shall be the authority in the state to apply for, or
10 directly accept, receive, receipt for or
disburse any funds
11 granted by the United States government for
airport
12 construction or maintenance. A county, city,
town or other
political
subdivision joint powers board
may enter into an
14 agreement with the division describing the
terms and
15 conditions of the agency in accordance with
federal laws,
16 rules and regulations and applicable laws of
this state.
17 The division may enforce the proper
maintenance of these
18 airports by the counties, cities and towns or joint powers
19 boards
as agreed in the contracts existing between the
20 sponsors of the airports and the federal
government. All
21 construction and maintenance of these
airports shall be
22 under the direction of the department division.
23
Page 3
1 (c) The department division
may offer engineering or
2
other technical advice to any municipality,
county, joint
3 powers board or other qualified party in
connection with
4 the
construction, maintenance or operation of airports. The
5 commission
shall encourage:
6
7 (ii) Interest in
private flying and
8
privately-owned planes; and
9
10 (iii) Study of
aeronautical engineering and
11 allied subjects in the various schools of
Wyoming and
12 assist in forming classes in aviation.;
13
14 (d) The commission shall establish policies as may be
15 appropriate
for the division to implement the decisions of
16 the
commission and the aeronautical purposes of this title
17 and
for the exercise of duties of the division.
18
19 (e) The commission shall assist communities in
20 coordinating
efforts, facilitating, recruiting and
21 attracting
and promoting the development, improvement and
22 retention
of commercial air service in the state. The
23 assistance
may include studying airline and aircraft
24 profitability,
route analysis, air fare monitoring and
Page 4
1 recommendations for legislative changes to enhance air
2 services in the state.
3
4 (f) The commission may
promulgate reasonable rules,
5 regulations and procedures and
establish standards as
6 necessary to carry out the functions
of the division.
7
8 (g) No later than
September 1, 2006, the commission
9 shall submit a report to the joint
transportation and
10 highways
interim committee detailing the duties performed
11 by
the division and commission, including recommendations
12 regarding
the structure and functions of the division and
13 commission,
and whether the division and commission should
14 continue
their duties within the department or operate as a
15 separate
operating agency and commission, respectively.
16
17 10-3-202. Authority to provide air
transportation to
18 departments and agencies of state.
19
20 The department
may division shall not provide
air
21 transportation to departments and agencies
of state
22 government directly,
but may contract for such services
23 under fractional
ownership agreements or otherwise under
24 conditions which are considered by the
department or agency
Page 5
1
head to be urgent and to justify such air transportation
2 and
when justified within the limits of W.S. 9-4-204(p) and
3 9-4-205(e).
4
5 10-3-401. Grants-in-aid for airport
construction and
6 improvement and air
service promotion; authority to make;
7 limitation.
8
9 (a) The
commission may make grants-in-aid from state
10 funds for construction and development of
airports to
11 counties, cities,
and towns and
joint powers boards within
12 the state. No grant-in-aid for planning,
construction or
13 improvement of any airport shall be made
unless the airport
14 is owned, leased or held under a state or
federal special
15 use permit or agreement, exclusively or
jointly, by the
16 county, city,
or town or
joint powers board to which the
17 grant is made. Each
grant shall be limited to five hundred
thousand dollars
($500,000.00). Grants may be spent for
19 runways, terminals, hangars and other
improvements and for
20 planning any such improvements to the
airport. The
21 commission may designate state funds for
purposes of
22 creating, amending and updating any system
plan of an
23 airport for the state.
24
Page 6
1 (b) The
commission may grant not more than five
percent (5.0%) ten percent (10%) of the amount available
3 for
grants-in-aid under subsection (a) of this section to
4
counties, cities, and towns and joint powers
boards to
5
promote air service in Wyoming. In
accordance with W.S.
10-3-402, any amount granted under this subsection shall be
equally matched by the recipient county, city or town. No
8 amount
granted under this subsection shall be used for
9 airline
subsidies.
10
11 (d) In administering the grant program, and in
12 consultation
with the Federal Aviation Administration and
13 local
airport sponsors, the commission shall establish,
14 amend
and have available, at least one hundred twenty (120)
15 days
before each biennial legislative budget session, a
16 five
(5) year capital improvement plan for airports in the
17 state
and a system for prioritizing projects to be funded
18 by
state and federal grants.
19
20 10-3-402. Grants-in-aid for airport
construction and
21 improvement; expenditures by county, city or town.
22
23 (a) No
expenditure of state funds shall be made under
24 W.S. 10-3-401 unless the county, city, or town or joint
Page 7
1 powers board expends at least fifty percent (50%) of the
2 local-state share of any project for which the
grant-in-aid
3 is
made in accordance with the formula established in
4 subsection (b) of this section. However, the
commission may
5 grant
in excess of fifty percent (50%) of the local-state
7 the
applicant is utilizing all other local revenue sources
8 reasonably
and legally available to finance a project.
9
10 (b) Expenditures of state funds made under W.S.
11 10-3-401
shall be made on a matching fund basis. If federal
12 funds
are involved, the matching formula shall be ninety
13 percent
(90%) federal funds, eight percent (8%) state funds
14 and
two percent (2%) local funds. If federal funds are not
15 involved,
the matching ratio between state and local funds
16 shall
be determined by the commission.
17
18 10-3-403. Loans for airport
construction and
19 improvement and air service promotion; authority to make;
20 security; rulemaking authority; limitation.
21
22 (a) The
commission may make loans to counties, cities
23 and towns and joint powers boards within the
state for
24 construction, development and improvement of
airport
Page 8
1
facilities generating user fees. The loans shall be from
2 the permanent mineral trust a revolving loan fund which
is
3 hereby established and shall not exceed the
aggregate of
4 two million dollars ($2,000,000.00) four million dollars
5 ($4,000,000.00), not including all loans made under this
6 subsection prior to July 1, 1999 2001
and still outstanding
7 on
that date. No single loan shall exceed five hundred
thousand dollars ($500,000.00).
9
10 Section 2. W.S. 10-3-201(c)(iv) is repealed.
11
12 Section 3. This act is effective July 1, 2001.
13
14 (END)
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