First Regular Session
Sixty-second General Assembly
LLS NO. 99-0093.01 Duane Gall HOUSE BILL 99-1034
STATE OF COLORADO
BY REPRESENTATIVES Smith and Miller;
also SENATORS Dennis and Thiebaut.
TRANSPORTATION & ENERGY
APPROPRIATIONS
A BILL FOR AN ACT
101 CONCERNING INTRASTATE COMMERCIAL AIR SERVICE IN COLORADO, AND
102 MAKING AN APPROPRIATION THEREFOR.
Bill Summary
(Note: This summary applies to this bill as introduced and does
not necessarily reflect any amendments that may be subsequently
adopted.)
Commuter Air Service Interim Study Committee. Declares the
importance of intrastate commercial air transportation to the economic
well-being of Colorado's rural communities, especially in view of the
extreme road travel conditions prevalent in the state and the seasonal
nature of the ski and tourism industries.
Directs the transportation commission (commission) to confer and
consult with federal, state, and local officials and members of the public
concerning the adoption of intermodal approaches to addressing the
state's transportation needs and to advise the executive director of the
department of transportation on ways to include aviation as part of the
integrated statewide transportation system propounded by the executive
director pursuant to existing statutes.
Dedicates a portion of state sales and use tax revenue attributable
to sales or use of vehicles and related items, not to exceed $3 million per
year, for a 5-year period to the aviation fund. Specifies that such revenue
is to be used only for safety improvements or remote weather stations and
not for the purchase of navigational aids, extension of runways, or other
purposes not directly related to safety, passenger security, or improved
reporting of hazardous weather conditions.
1 Be it enacted by the General Assembly of the State of Colorado:
[ ] denotes HOUSE amendment. { } denotes SENATE amendment.
Capital letters indicate new material to be added to existing statute.
Dashes through the words indicate material to be deleted from existing statute.
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1 SECTION 1. Legislative declaration. (1) The general assembly
2 hereby finds, determines, and declares that:
3 (a) The health, safety, and welfare of the people of the state are
4 dependent upon the continued existence and expansion of intrastate
5 commercial air service in the state;
6 (b) There are many unique factors that necessitate intrastate
7 commercial air service in Colorado, such as the seasonal demand for air
8 service and the significant distances and extreme road travel conditions
9 from the state's outlying areas to major airports such as Denver
10 international airport and Colorado Springs;
11 (c) The availability of intrastate commercial air service is crucial
12 to the economic livelihood of the state's outlying communities;
13 (d) Safety improvements at existing rural airports would enhance
14 the available infrastructure and increase the reliability of the intrastate air
15 transportation system; and
16 (e) Aviation, including intrastate commercial air service, should
17 be included as part of an integrated statewide transportation system.
18 SECTION 2. 43-1-106 (8) (a), Colorado Revised Statutes, is
19 amended to read:
20 43-1-106. Transportation commission - powers and duties.
21 (8) In addition to all other powers and duties imposed upon it by law, the
22 commission has the following powers and duties:
23 (a) To formulate the general policy with respect to the
24 management, construction, and maintenance of public highways and other
25 transportation systems in the state and, in that capacity:
26 (I) To receive delegations, including county commissioners, and
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1 municipal officials, STATE AND LOCAL OFFICIALS FROM OTHER STATES,
2 AND FEDERAL OFFICIALS interested therein;
3 (II) TO ADVISE THE EXECUTIVE DIRECTOR ON WAYS TO INCLUDE
4 AVIATION AS PART OF THE INTEGRATED STATEWIDE TRANSPORTATION
5 SYSTEM PROPOUNDED BY THE EXECUTIVE DIRECTOR PURSUANT TO SECTION
6 43-1-105;
7 SECTION 3. 39-26-123 (2) (a) (I) (A), Colorado Revised
8 Statutes, is amended to read:
9 39-26-123. Receipts - disposition - repeal.
10 (2) (a) (I) (A) Eighty-five percent of all receipts collected under the
11 provisions of this article shall be credited to the old age pension fund.
12 For the fiscal year commencing July 1, 1997, and for ten succeeding
13 fiscal years thereafter, the remaining fifteen percent shall be allocated
14 between AMONG and credited to the general fund, and the highway users
15 tax fund, AND THE AVIATION FUND, as a portion of the sales and use taxes
16 attributable to sales or use of vehicles and related items, as follows: Ten
17 percent of net revenue from sales and use tax to the highway users tax
18 fund and five percent thereof to the general fund; EXCEPT THAT, FOR THE
19 FISCAL YEARS BEGINNING ON AND AFTER JULY 1, 1999, AND BEFORE JULY
20 1, 2004, TEN PERCENT OF NET REVENUE FROM SALES AND USE TAX TO THE
21 AVIATION FUND CREATED IN SECTION 43-10-109, C.R.S., NOT TO EXCEED
22 THREE MILLION DOLLARS, WITH THE REMAINING TEN PERCENT OF NET
23 REVENUE IN EXCESS OF THREE MILLION DOLLARS TO THE HIGHWAY USERS
24 TAX FUND, AND FIVE PERCENT THEREOF TO THE GENERAL FUND. IF THE TEN
25 PERCENT OF NET REVENUE FROM SALES AND USE TAX TO BE CREDITED TO
26 THE AVIATION FUND PURSUANT TO THIS SUB-SUBPARAGRAPH (A) FOR THE
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1 FISCAL YEARS BEGINNING ON AND AFTER JULY 1, 1999, AND BEFORE JULY
2 1, 2004, IS LESS THAN SIX MILLION DOLLARS IN A FISCAL YEAR, THE TEN
3 PERCENT OF NET REVENUE SHALL BE CREDITED TO THE AVIATION FUND
4 AND HIGHWAY USERS TAX FUND IN EQUAL AMOUNTS.
5 SECTION 4. 43-10-109 (2) (a), Colorado Revised Statutes, is
6 amended to read:
7 43-10-109. Aviation fund created. (2) (a) (I) In accordance with
8 section 18 of article X of the Colorado constitution, for the 1991-92 fiscal
9 year, and each fiscal year thereafter, one hundred percent of the sales and
10 use taxes collected during that fiscal year by the state pursuant to sections
11 39-26-104 and 39-26-202, C.R.S., on aviation fuels used in
12 turbo-propeller or jet engine aircraft shall be credited to the aviation fund.
13 (II) FOR THE 1999-2000 FISCAL YEAR AND EACH FISCAL YEAR
14 THEREAFTER, TO AND INCLUDING THE 2003-04 FISCAL YEAR, A PORTION OF
15 THE SALES AND USE TAXES ATTRIBUTABLE TO THE SALES OR USE OF
16 VEHICLES AND RELATED ITEMS SHALL BE CREDITED TO THE AVIATION FUND
17 WITH THE AMOUNT DETERMINED PURSUANT TO SECTION 39-26-123 (2) (a)
18 (I) (A), C.R.S.
19 SECTION 5. 43-10-110 (1), Colorado Revised Statutes, is
20 amended, and the said 43-10-110 is further amended BY THE
21 ADDITION OF A NEW SUBSECTION, to read:
22 43-10-110. Revenues in aviation fund - disbursements -
23 definitions. (1) (a) In accordance with section 18 of article X of the
24 Colorado constitution, moneys in CREDITED TO the fund PURSUANT TO
25 SECTION 43-10-109 (2) (a) (I) shall be used exclusively for aviation
26 purposes.
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1 (b) MONEYS CREDITED TO THE FUND PURSUANT TO SECTION
2 43-10-109 (2) (a) (II) SHALL BE USED EXCLUSIVELY FOR SAFETY
3 IMPROVEMENTS AND SECURITY MEASURES AT QUALIFIED AIRPORTS IN
4 OUTLYING AREAS AND FOR CONSTRUCTION AND OPERATION OF REMOTE
5 WEATHER STATIONS THROUGHOUT THE STATE. SUCH MONEYS SHALL NOT
6 BE USED FOR THE PURCHASE OF NAVIGATIONAL AIDS, EXTENSION OF
7 RUNWAYS, OR OTHER PURPOSES NOT DIRECTLY RELATED TO SAFETY,
8 SECURITY, OR IMPROVED REPORTING OF HAZARDOUS WEATHER
9 CONDITIONS.
10 (1.5) FOR PURPOSES OF THIS SECTION:
11 (a) "OUTLYING AREA" MEANS AN AREA OTHER THAN DENVER OR
12 COLORADO SPRINGS.
13 (b) "QUALIFIED AIRPORT" MEANS THE FOLLOWING: ASPEN-PITKIN
14 COUNTY AIRPORT; CORTEZ-MONTEZUMA COUNTY AIRPORT;
15 DURANGO-LA PLATA COUNTY AIRPORT; EAGLE COUNTY REGIONAL
16 AIRPORT; FORT COLLINS-LOVELAND MUNICIPAL AIRPORT; GUNNISON
17 COUNTY AIRPORT; LAMAR MUNICIPAL AIRPORT; MONTROSE REGIONAL
18 AIRPORT; PUEBLO MEMORIAL AIRPORT; SAN LUIS VALLEY REGIONAL
19 AIRPORT; STEAMBOAT SPRINGS MUNICIPAL AIRPORT; TELLURIDE
20 REGIONAL AIRPORT; WALKER FIELD AIRPORT; YAMPA VALLEY AIRPORT;
21 AND ANY OTHER AIRPORT LOCATED IN AN OUTLYING AREA OF THE STATE
22 THAT THE BOARD DETERMINES TO BE QUALIFIED FOR PURPOSES OF THIS
23 SECTION.
24 SECTION 6. Appropriation. In addition to any other
25 appropriation, there is hereby appropriated, out of any moneys in the
26 aviation fund created pursuant to section 43-10-109, Colorado Revised
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1 Statutes, to the department of transportation for allocation to the division
2 of aeronautics, for the fiscal year beginning July 1, 1999, the sum of three
3 million dollars ($3,000,000), or so much thereof as may be necessary, for
4 use by the division in accordance with section 43-10-110 (1) (b),
5 Colorado Revised Statutes.
6 SECTION 7. Safety clause. The general assembly hereby finds,
7 determines, and declares that this act is necessary for the immediate
8 preservation of the public peace, health, and safety.