HOUSE BILL 971061
BY REPRESENTATIVES Smith, Dyer, Epps, Gotlieb, Miller, Reeser, and Sullivant;
also SENATORS Bishop, B. Alexander, Chlouber,
Dennis, Matsunaka, and Wattenberg.
CONCERNING PERFORMANCE REPORTS REQUIRED TO BE FILED
WITH THE AERONAUTICS DIVISION BY INTRASTATE AIR CARRIERS.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. 2446.5103
(1) (b) (I), Colorado Revised Statutes, 1988 Repl. Vol., as amended,
is amended to read:
2446.5103. Intergovernmental
agreements. (1) (b) (I) ANY
ENTITY ESTABLISHING A NEW BUSINESS FACILITY OR OPERATION AND PARTICIPATING
IN THE PROVISIONS OF THIS ARTICLE SHALL GIVE DUE CONSIDERATION
TO THE PROVISION OF INTRASTATE AIR SERVICE TO ALL AREAS OF COLORADO.
ANY SUCH ENTITY SHALL FILE REPORTS AS REQUIRED UNDER SECTION 2446.6103.
The state shall consider each of the following guidelines in determining
whether to enter into an intergovernmental agreement:
(A) The significance of the support and
financial incentives to be provided by the local jurisdiction
in which the new business facility OR OPERATION is to be located;
(B) The significance of the number of
jobs in the state which are likely to be generated directly or
indirectly as a result of the new business facility OR OPERATION
and ancillary facilities thereto;
(C) The extent to which the entity establishing
the new business facility OR OPERATION intends to employ Colorado
residents at the new business facility OR OPERATION and ancillary
facilities thereto;
(D) The extent to which the entity establishing
the new business facility OR OPERATION intends to contract with
Colorado residents and Coloradobased companies for services
and goods at the new business facility OR OPERATION and ancillary
facilities thereto; and
(E) The extent of the public benefits
to be derived from the agreement.
SECTION 2. 2446.6103
(1), Colorado Revised Statutes, 1988 Repl. Vol., as amended, is
amended to read:
2446.6103. Intrastate air
carriers ontime performance oversales
reports to aeronautics division. (1) (a) Any
air carrier that provides intrastate air service within Colorado
shall file a semiannual report with the aeronautics division regarding
the ontime performance and the number of passengers denied
boarding on intrastate flights by the air carrier during the sixmonth
period covered by the report. The report shall be submitted within
thirty days after the end of the sixmonth period covered
by the report with the sixmonth period ending June 30 and
December 31.
(b) ANY AIR CARRIER THAT FAILS TO FILE
A REPORT WHEN DUE, AS REQUIRED BY THIS SUBSECTION (1), AND THAT
FAILS TO CURE SUCH FAILURE WITHIN THIRTY DAYS AFTER NOTIFICATION
BY THE DIVISION OF SUCH FAILURE MAY, AFTER NOTICE AND HEARING
CONDUCTED BY THE AERONAUTICAL BOARD PURSUANT TO SECTION 244105,
BE SUBJECT TO THE IMPOSITION OF A MONETARY PENALTY OF NOT LESS
THAN TWO THOUSAND FIVE HUNDRED DOLLARS NOR MORE THAN FIVE THOUSAND
DOLLARS FOR EACH VIOLATION. MONEYS COLLECTED PURSUANT TO THIS
PARAGRAPH (b) SHALL BE TRANSMITTED TO THE STATE TREASURER, WHO
SHALL CREDIT THE SAME TO THE AVIATION FUND, CREATED IN SECTION
4310109, C.R.S.
(c) AS USED IN THIS SECTION, UNLESS THE
CONTEXT OTHERWISE REQUIRES, "AIR CARRIER" MEANS ANY
PERSON UNDERTAKING BY ANY MEANS, DIRECTLY OR INDIRECTLY, TO PROVIDE
INTRASTATE AIR TRANSPORTATION IN AIRCRAFT WITH SEATING CAPACITY
FOR ONE HUNDRED OR FEWER PASSENGERS.
SECTION 3. 2446.6103
(2), Colorado Revised Statutes, 1988 Repl. Vol., as amended, is
amended BY THE ADDITION OF THE FOLLOWING NEW PARAGRAPHS to read:
2446.6103. Intrastate air
carriers ontime performance oversales
reports to aeronautics division. (2) The
report filed pursuant to subsection (1) of this section shall
include the following information for each flight by the air carrier
during the sixmonth period covered by the report that originated
and terminated at points within Colorado:
(j) THE MECHANICAL DEFECTS DISCOVERED
AND REPAIRS MADE FOR EACH OPERATION OF THE FLIGHT;
(k) FOR DELAYED OR CANCELED FLIGHTS, ANY
WEATHER CONDITIONS CONTRIBUTING TO THE DELAY OR CANCELLATION.
SECTION 4. 4310105
(1), Colorado Revised Statutes, 1993 Repl. Vol., is amended BY
THE ADDITION OF A NEW PARAGRAPH to read:
4310105. Duties of the
board. (1) The board has the
following duties:
(g) TO ENFORCE THE PROVISIONS OF SECTION
2446.6103 (1), C.R.S., WITH RESPECT TO REQUIRED REPORTING
BY INTRASTATE AIR CARRIERS. THE BOARD MAY DESIGNATE AN EMPLOYEE
OF THE DIVISION THAT HAS ADMINISTRATIVE RESPONSIBILITIES TO ACT
AS A HEARING OFFICER OR MAY USE THE SERVICES OF AN ADMINISTRATIVE
LAW JUDGE APPOINTED PURSUANT TO PART 10 OF ARTICLE 30 OF TITLE
24, C.R.S., TO CONDUCT ANY HEARING REQUIRED TO ENFORCE THE PROVISIONS
OF SECTION 2446.6103 (1), C.R.S.
SECTION 5. 4310101,
Colorado Revised Statutes, 1993 Repl. Vol., is amended to read:
4310101. Legislative declaration.
The general assembly hereby declares that there exists a need
to promote the safe operation and accessibility of general aviation
AND INTRASTATE COMMERCIAL AVIATION in this state; that improvement
of general aviation AND INTRASTATE COMMERCIAL AVIATION transportation
facilities will promote diversified economic development across
the state; and that accessibility to airport facilities for residents
of this state is crucial in the event of a medical or other type
of emergency.
SECTION 6. 4310109
(1) and (3), Colorado Revised Statutes, 1993 Repl. Vol., are amended
to read:
4310109. Aviation fund
created. (1) There is hereby
created in the state treasury a fund to be known as the aviation
fund, referred to in this article as the "fund", which
shall consist of all revenues credited thereto pursuant to section
SECTIONS 2446.6103 (1) (b) AND 3927112
(2) (b), C.R.S., and all revenues credited thereto in accordance
with subsection (2) of this section within the total revenues
prescribed by the general assembly pursuant to section 431112.5.
All interest derived from the deposit and investment of moneys
in the fund shall be credited to the fund. At the end of any fiscal
year, all unexpended and unencumbered moneys in the fund shall
remain therein and shall not be credited or transferred to the
general fund or any other fund, except as directed by the general
assembly acting by bill and subject to the provisions of section
18 of article X of the Colorado constitution.
(3) The moneys in the fund shall be subject
to annual appropriation by the general assembly, and except that,
in each fiscal year, the general assembly shall appropriate an
amount not to exceed five percent of the total amount of revenues
credited to the fund pursuant to section 3927112 (2)
(b), C.R.S., and subsection (2) of this section during the preceding
fiscal year to be used to defray any administrative costs incurred
by the division and the board in implementing and administering
the provisions of this article. ANY MONETARY PENALTIES COLLECTED
PURSUANT TO SECTION 2446.6103 (1) (b), C.R.S., ARE
CONTINUOUSLY APPROPRIATED TO THE DIVISION TO DEFRAY ANY ADMINISTRATIVE
EXPENSES INCURRED BY THE DIVISION AND THE BOARD IN ENFORCING THE
PROVISIONS OF SECTION 2446.6103 (1), C.R.S. The general
assembly shall also appropriate from the fund an amount to the
department of revenue for the reasonable expenses incurred in
administering sections 3926114 (1) (a) (VII) and 3926203
(1) (c) and as provided in section 3927112 (2) (b),
C.R.S.
SECTION 7. 4310110
(2) (a) (II), Colorado Revised Statutes, 1993 Repl. Vol., as amended,
is amended to read:
4310110. Revenues in aviation
fund disbursements. (2) (a) (II) Except
as otherwise provided in subparagraph (I) of this paragraph (a),
if an intergovernmental agreement is entered into pursuant to
the provisions of section 2446.5103
(1) ARTICLE 46.5 OF TITLE 24, C.R.S.,
the portion of the sales and use tax revenues that would otherwise
be transferred to the governmental entity operating the
largest AN airport in the state AT
WHICH COMMERCIAL PASSENGER SERVICE IS PROVIDED AND THAT HAS ENTERED
INTO AN INTERGOVERNMENTAL AGREEMENT UNDER ARTICLE 46.5 OF TITLE
24, C.R.S., shall be transferred to the Colorado business incentive
fund created in section 2446.5102, C.R.S. If such
an intergovernmental agreement is entered into, moneys shall be
transferred by the state treasurer beginning
July 1, 1991, for the length of the
intergovernmental agreement, and, following the conclusion of
the agreement, or if no agreement is entered into, the moneys
shall be transferred to such governmental entity in accordance
with the provisions of this section.
SECTION 8. Appropriation.
In addition to any other appropriation, there is hereby appropriated,
out of any moneys in the Colorado business incentive fund, to
the department of local affairs for allocation to the economic
development commission, for the fiscal year beginning July 1,
1997, the sum of five million five hundred thousand dollars ($5,500,000),
or so much thereof as may be necessary, for the implementation
of article 46.5 of title 24, Colorado Revised Statutes.
SECTION 9. Effective
date applicability. This act shall take effect
upon passage, and shall apply to reports not filed when due under
section 2446.6103, Colorado Revised Statutes, on or
after said date.
SECTION 10. Safety
clause. The general assembly hereby finds, determines, and
declares that this act is necessary for the immediate preservation
of the public peace, health, and safety.
____________________________ ____________________________
Charles E. Berry Tom Norton
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Judith M. Rodrigue Joan M. Albi
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE OF COLORADO