Sixty-first General Assembly
LLS NO. 970339.01 MKD
SENATE BILL 97146
STATE OF COLORADO
BY SENATOR Thiebaut;
also REPRESENTATIVE Entz.
TRANSPORTATION
APPROPRIATIONS
A BILL FOR AN ACT
CONCERNING INTRASTATE AIR SERVICE IN COLORADO, AND
MAKING AN APPROPRIATION THEREFOR.
Bill Summary
(Note: This summary applies to this bill as introduced
and does not necessarily reflect any amendments which may be subsequently
adopted.)
Establishes the Colorado air service assistance grant
program in the aeronautics division of the department of transportation.
Creates the Colorado airport assistance board for purposes of
reviewing grant proposals and making recommendations to the division
regarding grant awards. Sets forth appointment procedures for
filling such board positions. Provides that qualified airports
may apply to the board for a grant for intrastate air service
providers for purposes of maintaining or increasing such air service.
Specifies criteria for the board to use in determining whether
to recommend the disbursement of a grant to the division. Requires
the division to distribute those grant moneys recommended by the
board directly to the air service providers named in the grant
proposal.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Article 10 of title 43, Colorado Revised Statutes, 1993 Repl. Vol., as amended, is amended BY THE ADDITION OF THE FOLLOWING NEW SECTIONS to read:
4310117. Colorado air service assistance grant program legislative declaration. (1) THE GENERAL ASSEMBLY HEREBY FINDS, DETERMINES, AND DECLARES THAT:
(a) THE HEALTH, SAFETY, AND WELFARE OF THE PEOPLE OF THE STATE ARE DEPENDENT UPON THE CONTINUED EXISTENCE AND EXPANSION OF INTRASTATE AIR SERVICE IN THE STATE;
(b) THE INCREASED COSTS OF OPERATING OUT OF DENVER INTERNATIONAL AIRPORT (DIA) HAS FORCED AIR CARRIERS TO DROP OR SIGNIFICANTLY REDUCE SERVICE ON THEIR LESS PROFITABLE INTRASTATE ROUTES;
(c) THERE ARE MANY UNIQUE FACTORS THAT NECESSITATE INTRASTATE AIR SERVICE IN COLORADO, SUCH AS THE SEASONAL DEMAND FOR AIR SERVICE TO SUPPORT THE SKI AND TOURISM INDUSTRIES, AND SIGNIFICANT DISTANCES AND EXTREME ROAD TRAVEL CONDITIONS FROM THE STATE'S OUTLYING AREAS TO MAJOR AIRPORTS SUCH AS DIA AND COLORADO SPRINGS;
(d) THE AVAILABILITY OF INTRASTATE AIR SERVICE IS CRUCIAL TO THE ECONOMIC LIVELIHOOD OF THE STATE'S OUTLYING COMMUNITIES WHOSE AIR SERVICE NEEDS VARY NOTICEABLY DEPENDING ON EACH COMMUNITY'S UNIQUE CHARACTERISTICS;
(e) THE STATE SHOULD ALLOW CERTAIN AIRPORTS IN OUTLYING AREAS OF THE STATE TO DEVELOP PROGRAMS TO INCREASE OR MAINTAIN AIR SERVICE;
(f) WHILE THESE PROGRAMS SHOULD BE FUNDED BY THE STATE, EACH AIRPORT SHOULD BE GIVEN THE ABILITY TO IMPOSE CONDITIONS ON THE USE OF SUCH FUNDS IN A MANNER THAT SUITS ITS PARTICULAR INTRASTATE AIR SERVICE NEEDS; AND
(g) THE PUBLIC PURPOSE TO BE SERVED BY THE COLORADO AIR SERVICE ASSISTANCE GRANT PROGRAM CREATED IN SECTION 4310118 OUTWEIGHS ALL OTHER INDIVIDUAL INTERESTS.
4310118. Colorado air service assistance grant program board creation. (1) (a) IN ORDER TO SUPPORT INTRASTATE AIR SERVICE IN COLORADO, THERE IS HEREBY ESTABLISHED IN THE AERONAUTICS DIVISION OF THE DEPARTMENT OF TRANSPORTATION A COLORADO AIRPORT ASSISTANCE PROGRAM THROUGH WHICH ANY QUALIFIED AIRPORT OR CONSORTIUM OF QUALIFIED AIRPORTS MAY MAKE A GRANT PROPOSAL TO THE COLORADO AIRPORT ASSISTANCE BOARD, WHICH BOARD IS HEREBY CREATED, FOR GRANT MONEYS FOR INTRASTATE AIR SERVICE PROVIDERS TO ENABLE SUCH PROVIDERS TO COMMENCE, MAINTAIN, OR INCREASE INTRASTATE AIR SERVICE WITHIN THE STATE.
(b) THIRTEEN BOARD MEMBERS SHALL BE APPOINTED BY THE GOVERNOR WITH THE CONSENT OF THE SENATE. THE BOARD SHALL BE COMPOSED OF ONE REPRESENTATIVE FROM EACH QUALIFIED AIRPORT, AND MEMBERS SHALL SERVE FOR FOURYEAR TERMS COMMENCING IN JULY OF THE YEAR OF APPOINTMENT. ANY VACANCY OCCURRING DURING THE TERM OF OFFICE OF ANY MEMBER SHALL BE FILLED BY APPOINTMENT BY THE GOVERNOR OF A QUALIFIED PERSON FOR THE UNEXPIRED PORTION OF A REGULAR TERM. SUCH APPOINTMENT TO AN UNEXPIRED PORTION OF A REGULAR TERM SHALL BE SUBJECT TO THE ADVICE AND CONSENT OF THE SENATE.
(c) THE GOVERNOR MAY REMOVE ANY MEMBER OF THE BOARD FOR MALFEASANCE IN OFFICE, FAILURE TO REGULARLY ATTEND MEETINGS OF THE BOARD, FAILURE TO PERFORM THE OBLIGATIONS OF THE APPOINTMENT IN A TIMELY MANNER, OR ANY CAUSE THAT RENDERS SUCH A MEMBER INCAPABLE OR UNFIT TO DISCHARGE THE DUTIES OF OFFICE, AND ANY SUCH REMOVAL, WHEN MADE, SHALL NOT BE SUBJECT TO REVIEW.
(d) EACH MEMBER OF THE BOARD SHALL SERVE WITHOUT COMPENSATION; EXCEPT THAT THE MEMBERS SHALL BE REIMBURSED FOR ANY ACTUAL AND NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF THEIR DUTIES UNDER THIS SECTION, WITH MILEAGE RATES NOT TO EXCEED THOSE AUTHORIZED FOR THE DEPARTMENT OF TRANSPORTATION.
(e) THE BOARD SHALL, BY RULE, ESTABLISH POLICIES AND PROCEDURES TO CONDUCT ITS BUSINESS, TO IMPLEMENT THE GRANT PROGRAM, AND TO MEASURE THE PERFORMANCE OF AIR SERVICE PROVIDERS WHO RECEIVE GRANTS UNDER THIS SECTION.
(2) FOR PURPOSES OF THIS SECTION, "QUALIFIED AIRPORT" MEANS THE FOLLOWING: ASPENPITKIN COUNTY AIRPORT; CORTEZMONTEZUMA COUNTY AIRPORT; DURANGOLA PLATA COUNTY AIRPORT; EAGLE COUNTY REGIONAL AIRPORT; FORT COLLINSLOVELAND MUNICIPAL AIRPORT; GUNNISON COUNTY AIRPORT; LAMAR MUNICIPAL AIRPORT; MONTROSE REGIONAL AIRPORT; PUEBLO MEMORIAL AIRPORT; SAN LUIS VALLEY REGIONAL AIRPORT; TELLURIDE REGIONAL AIRPORT; WALKER FIELD AIRPORT; AND YAMPA VALLEY REGIONAL/STEAMBOAT SPRINGS MUNICIPAL AIRPORT.
(3) IN ORDER FOR AN AIR SERVICE PROVIDER TO RECEIVE A GRANT, A QUALIFIED AIRPORT OR CONSORTIUM OF QUALIFIED AIRPORTS SHALL SUBMIT A GRANT PROPOSAL TO THE BOARD THAT SETS FORTH CONDITIONS FOR THE USE OF GRANT MONEYS BY THE NAMED AIR SERVICE PROVIDER OR PROVIDERS. THE BOARD SHALL THEN MAKE RECOMMENDATIONS TO THE DIVISION FOR GRANT DISBURSEMENTS. AT A MINIMUM, A GRANT PROPOSAL SHALL DEMONSTRATE THE FOLLOWING:
(a) THAT THE GRANT WILL ONLY BE USED FOR THE PROVISION OF INTRASTATE AIR SERVICE IN ACCORDANCE WITH ANY CONDITIONS SET FORTH IN THE GRANT PROPOSAL UNDER WHICH THE GRANT IS AWARDED AND NOT TO MAINTAIN OR INCREASE AIR SERVICE TO OUTOFSTATE AIRPORTS.
(b) THAT THE GRANT WILL NOT EXCEED MORE THAN TEN PERCENT OF THE TOTAL GRANT MONEYS AVAILABLE FOR THE COLORADO AIRPORT ASSISTANCE GRANT PROGRAM.
(4) A QUALIFIED AIRPORT OR CONSORTIUM OF QUALIFIED AIRPORTS SHALL COMMIT AN AMOUNT EQUAL TO AT LEAST TEN PERCENT OF THE AMOUNT REQUESTED IN THE GRANT PROPOSAL TO THE AIR SERVICE PROVIDER NAMED IN THE PROPOSAL.
(5) THE DIVISION SHALL DISTRIBUTE APPROVED GRANT MONEYS DIRECTLY TO THE AIR SERVICE PROVIDER OR PROVIDERS NAMED IN THE GRANT PROPOSAL AS RECOMMENDED BY THE BOARD.
SECTION 2. Appropriation. In addition to any other appropriation, there is hereby appropriated, out of any moneys in the general fund not otherwise appropriated, to the department of transportation for allocation to the aeronautics division for the fiscal year beginning July 1, 1997, the sum of ____________ ($ ), or so much thereof as may be necessary, for the implementation of the Colorado air service assistance grant program created in section 4310118, Colorado Revised Statutes.
SECTION 3. 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.