(a) The commission is created to consist of eight (8)commissioners. Seven (7) commissioners shall be appointed by the governor, byand with the consent of the senate, each to serve for a term of six (6) yearsnot to exceed two (2) terms. Two (2) commissioners shall be appointed at-largefor a term of six (6) years. The director of the department shall serve as anex officio and eighth member of the commission but shall not vote on mattersbefore the commission. The governor may remove any appointed commissioner asprovided in W.S. 9-1-202.
(b) One (1) commissioner shall be appointed from each of thefollowing districts:
(i) District 1. Counties of Laramie, Albany, Platte and Goshen;
(ii) District 2. Counties of Carbon, Sweetwater, Uinta, Lincoln,Sublette and Teton;
(iii) District 3. Counties of Niobrara, Converse, Natrona andFremont;
(iv) District 4. Counties of Hot Springs, Washakie, Big Horn andPark; and
(v) District 5. Counties of Sheridan, Johnson, Campbell, Crookand Weston.
(c) If any commissioner ceases to be a resident of the districtfrom which he is appointed, his office shall be vacant. All vacancies from anycause shall be filled by appointment by the governor as provided in W.S.28-12-101.
(d) Not more than four (4) members of the commission shall beof the same political party. Each of the commissioners shall qualify by takingthe constitutional oath of office and each shall act without pay except that hemay receive his actual traveling expenses according to law.
(e) Repealed by Laws 1991, ch. 241, 4.
(f) The department may receive on behalf of the state allgrants of money, property or other things of value from the federal government,the state of Wyoming or other public agency or person.
(g) Effective July 1, 1979, appointments and terms shall be inaccordance with W.S. 28-12-101 through 28-12-103.
(h) The commission shall meet as necessary to properly exerciseits functions, but shall meet not less than quarterly to consider thedistribution of grants and loans under W.S. 10-3-401 and 10-3-403.
ARTICLE 2 - POWERS AND DUTIES OF COMMISSION
10-3-201. Powers and duties generally.
(a) The commission shall cooperate with:
(i) The federal aviation administration;
(ii) Any existing federal aviation commission;
(iii) The cities and counties in Wyoming;
(iv) The chambers of commerce, commercial clubs and all aviationand business concerns interested in the development of aeronautics within thestate.
(b) In lieu of the requirements of this subsection, any airportsponsor may directly apply for, receive or disburse federal airport funds, andmay also direct all construction and maintenance of the airport. Theaeronautics commission may designate the airports to be built and maintainedwith the assistance of state or federal funds and is the sole authority todetermine the disbursement of funds for the state's airports. The aeronauticscommission through the department shall be the authority in the state to applyfor, or directly accept, receive, receipt for or disburse any funds granted bythe United States government for airport construction or maintenance. A county,city, town or joint powers board may enter into an agreement with the divisiondescribing the terms and conditions of the agency in accordance with federallaws, rules and regulations and applicable laws of this state. The division mayenforce the proper maintenance of these airports by the counties, cities andtowns or joint powers boards as agreed in the contracts existing between thesponsors of the airports and the federal government. All construction andmaintenance of these airports shall be under the direction of the department.
(c) The department may offer engineering or other technicaladvice to any municipality, county, joint powers board or other qualified partyin connection with the construction, maintenance or operation of airports. Thecommission shall encourage:
(i) Development of private aviation schools;
(ii) Interest in private flying and privately-owned planes;
(iii) Study of aerospace engineering and allied subjects in thevarious schools of Wyoming and assist in forming classes in aviation;
(iv) Repealed By Laws 2003, Ch. 104, 2.
(v) Sponsorship and participation in aerospace educationworkshops.
(d) The commission shall establish policies as may beappropriate for the division to implement the decisions of the commission andthe aeronautical purposes of this title and for the exercise of duties of thedivision. The commission shall provide assistance and advice to the director ofthe department regarding the division's budget. The commission shall nominatecandidates for the position of administrator of the division and upon requestshall advise the department in regards to appointments within the division.
(e) The commission shall assist communities in coordinatingefforts, facilitating, recruiting and attracting and promoting the development,improvement and retention of commercial air service and accommodating militaryair service in the state. The assistance may include studying airline andaircraft profitability, route analysis, air fare monitoring and recommendationsfor legislative changes to enhance air services in the state.
(f) There is created a new position in the office of thegovernor that shall coordinate with the commission to market and advocateairline service in Wyoming pursuant to subsection (e) of this section. Theperson appointed by the governor may be an at-will employee or an at-willcontract employee and may be removed by the governor as provided in W.S.9-1-202.
(g) The commission may promulgate reasonable rules, regulationsand procedures and establish standards as necessary to carry out the functionsof the division.
(h) Repealed By Laws 2008, Ch. 44, 2.
10-3-202. Authority to provide air transportation to departments andagencies of state.
Thedivision may provide air transportation to departments and agencies of stategovernment directly, but may contract for the services under fractionalownership agreements or otherwise under conditions which are considered by thedepartment or agency head to be urgent and to justify the air transportationand when justified within the limits of W.S. 9-4-205(e).
10-3-203. Repealed By Laws 2004, Chapter 79, 1.
10-3-204. Termination of commission.
(a) RepealedBy Laws 2008, Ch. 44, 2.
(b) Effective January 1, 1997, the aeronautics commissioncreated under this chapter shall continue with the powers, duties and authorityit possessed prior to January 1, 1997.
ARTICLE 3 - INVESTIGATIVE AUTHORITY
10-3-301. Conducting investigations and hearings; accidents to bereported.
Thecommission may conduct investigations, inquiries and hearings concerning thelaws of this state relating to aeronautics and accidents or injuries incidentto the operation of aircraft occurring within this state. Members of thecommission may administer oaths and affirmations, certify to all official acts,issue subpoenas and compel the attendance and testimony of witnesses and theproduction of papers, books and documents. All accidents or injuries incidentto the operation of aircraft occurring within this state shall be immediatelyreported to the commission.
10-3-302. Use in evidence of reports of investigations or hearings.
Thereports of investigations or hearings shall only be used in proceedingsinstituted by or in behalf of the commission pursuant to the laws of this staterelating to aeronautics.
ARTICLE 4 - AIRPORT CONSTRUCTION
10-3-401. Grants-in-aid for airport construction and improvement andair service promotion; authority to make; limitation.
(a) The commission may make grants-in-aid from state funds forconstruction and development of airports to counties, cities, towns and jointpowers boards within the state. No grant-in-aid for planning, construction orimprovement of any airport shall be made unless the airport is owned, leased orheld under a state or federal special use permit or agreement, exclusively orjointly, by the county, city, town or joint powers board to which the grant ismade. Grants may be spent for runways, terminals, hangars and otherimprovements and for planning any improvements to the airport. The commissionmay designate state funds for purposes of creating, amending and updating anysystem plan of an airport for the state.
(b) The commission may grant not more than five percent (5.0%)of the amount available for grants-in-aid under subsection (a) of this sectionto counties, cities and towns to promote air service in Wyoming. In accordancewith W.S. 10-3-402, any amount granted under this subsection shall be equallymatched by the recipient county, city or town. No amount granted under thissubsection shall be used for airline subsidies.
(c) Repealed By Laws 2000, Ch. 45, 3.
(d) In administering the grant program, and in consultationwith the Federal Aviation Administration and local airport sponsors, thecommission shall establish, amend and have available, at least one hundredtwenty (120) days before each biennial legislative budget session, a five (5)year capital improvement plan for airports in the state and a system forprioritizing projects to be funded by state and federal grants.
10-3-402. Grants-in-aid for airport construction and improvement;expenditures by county, city or town.
Expenditureof state funds shall be made under the discretion of the commission.
10-3-403. Loans for airport construction and improvement and airservice promotion; authority to make; security; rulemaking authority;limitation.
(a) The commission may make loans to counties, cities and townsand joint powers boards within the state for construction, development andimprovement of airport facilities generating user fees. The loans shall be fromthe permanent mineral trust fund and shall not exceed the aggregate of tenmillion dollars ($10,000,000.00), including all loans made under thissubsection prior to July 1, 2005 and still outstanding on that date.
(b) The term of repayment for a loan under this section shallnot exceed twenty (20) years.
(c) The commission may take a lien against the facilitiesgenerating user fees as security for repayment of loans under this section.
(d) The interest rate for loans under this section shall befive percent (5%) per annum.
(e) The commission shall adopt rules and regulations toadminister loans under this section, including eligibility criteria.
ARTICLE 5 - CIVIL AIR PATROL
10-3-501. Repealed By Laws 2004, ch. 66, 2.
10-3-502. Repealed By Laws 2004, ch. 66, 2.
10-3-503. Repealed By Laws 2004, ch. 66, 2.
ARTICLE 6 - AIR SERVICES FINANCIAL AID
10-3-601. Wyoming air services enhancement; legislative findings;Wyoming aeronautics commission authority to contract for services;requirements.
(a) The legislature finds that an adequate and comprehensivesystem of air service in Wyoming is vital for economic development withinWyoming. Competition among air service providers within the state is virtuallynonexistent and, without competition, services will remain limited andunreliable and high air fares will remain a major impediment to use of airservices by Wyoming residents and businesses.
(b) The Wyoming aeronautics commission may enter intoagreements to provide financial assistance to persons doing business or whowill do business in the state, to economic development organizations within thestate, to joint powers boards or to other entities formed to provide for enhancedair service to communities in Wyoming that have or are seeking commercial airservice, for the enhancement of air services in the state conditioned uponcontractual assurances that specified benefits will accrue to the state throughincreased air traffic and enplanements. For purposes of this article,"enhanced air service" shall include, but not be limited to,assisting airports in the state with commercial air service to have theappropriate level of state or federal security configuration to accommodateproposed air service and aircraft capacity. Benefits accruing to the stateshall include, but not be limited to, increasing the minimum number ofenplanements at airports facing a possible loss of federal airport improvementprogram funding, increasing passenger enplanements at commercial airports inWyoming, increasing frequency or sustaining flight operations from commercialairports in Wyoming to regional airport hubs, lowering airfares for airpassengers and increasing the number of routes flown within the state. Thecommission shall consult with counties, cities, towns, joint powers boards,airport boards or other entities pursuing air service enhancement beforeentering into agreements to provide air service enhancement and shall requirelocal funds for the provision of air service enhancement grants. The amount oflocal funds required for the provision of enhancing air services shall bedetermined by the commission, taking into account the types of service forwhich grants are approved, the diverse characteristics of the communities towhich air service is contracted for and other considerations examined by thecommission.
(c) The commission has primary responsibility and may consultwith or delegate to the aeronautics division of the Wyoming department oftransportation, Wyoming business council or other entities as necessary, todevelop criteria and contracts for financial aid under this section.
(d) All applications for financial aid under this section shallbe submitted to the aeronautics commission. The aeronautics commission shallapprove or deny the application. The applicant shall be promptly notified ofthe decision. In making the decision to approve or deny the application, thecommission shall give priority to an applicant whereby:
(i) The applicant can provide assurances that the enhancementhas a reasonable chance of success and will achieve benchmarks specified by theapplicant;
(ii) Participation by the commission is necessary to the successof the enhancement because funding from other sources for the enhancement isunavailable;
(iii) The applicant will use the proceeds of the financialassistance provided under this section only to secure or enhance air serviceswithin the state or to market or promote the service for which the financialassistance is granted;
(iv) The financial assistance has the reasonable potential inthe opinion of the aeronautics commission to create a substantial amount of airtravel originating within the state;
(v) The applicant has already made or is contractuallycommitted to make a substantial financial and time commitment to theenhancement and local funds are provided to secure a financial grant under thissection, in an amount determined by the commission;
(vi) The applicant will not pledge financial aid grantedpursuant to this section as collateral for any other purpose than is specifiedin the contract between the applicant and the commission;
(vii) The applicant will provide reasonable assurances thatwithin a time specified by the commission, the state shall benefit from itsinvestment by means of commercial airports having sufficient enplanements toretain or reestablish eligibility for federal airport improvement programfunding and that commercial airports in the state will receive increasedrevenues from established passenger facility charges as a result of increasedenplanements or from other benefits.
(e) Before granting any financial aid under this section, thecommission shall enter into an agreement with the applicant providing for abenefit to the state which is commensurate with the level of risk and amount ofthe financial aid, using the criteria specified in paragraph (d)(vii) of thissection. The attorney general shall review and approve the contract before thecommission enters into any agreement under this section.
(f) As used in this article, "commission" means theWyoming aeronautics commission created by W.S. 10-3-101.
(g) The Wyoming aeronautics commission will establishbenchmarks for determining the success of the program.
10-3-602. Wyoming air services enhancement account.
(a) The commission shall establish and maintain a Wyoming airservices enhancement account under this article to provide the financial aidspecified in W.S. 10-3-601 to enhance air services within the state. Any fundsdeposited in the account shall only be expended by the commission as providedin W.S. 10-3-601 and to administer this article.
(b) Any funds appropriated by the legislature to the accountestablished under subsection (a) of this section shall not lapse as provided byW.S. 9-4-207(a), but shall revert to the air services enhancement accountwithin the highway fund on September 30, 2007.
(c) The commission shall report to the joint minerals, businessand economic development interim committee, the joint appropriations interimcommittee and the air transportation liaison committee no later than September30, 2005, with respect to the status of the program under W.S. 10-3-601,including any actions taken and funds expended in consideration of, andpursuant to, any contract entered into under W.S. 10-3-601. If any funds areexpended under a contract prior to June 30, 2006, the commission shall alsoreport no later than that date and annually thereafter with respect to theperformance of any recipient of funds under the contract.
(a) The commission is created to consist of eight (8)commissioners. Seven (7) commissioners shall be appointed by the governor, byand with the consent of the senate, each to serve for a term of six (6) yearsnot to exceed two (2) terms. Two (2) commissioners shall be appointed at-largefor a term of six (6) years. The director of the department shall serve as anex officio and eighth member of the commission but shall not vote on mattersbefore the commission. The governor may remove any appointed commissioner asprovided in W.S. 9-1-202.
(b) One (1) commissioner shall be appointed from each of thefollowing districts:
(i) District 1. Counties of Laramie, Albany, Platte and Goshen;
(ii) District 2. Counties of Carbon, Sweetwater, Uinta, Lincoln,Sublette and Teton;
(iii) District 3. Counties of Niobrara, Converse, Natrona andFremont;
(iv) District 4. Counties of Hot Springs, Washakie, Big Horn andPark; and
(v) District 5. Counties of Sheridan, Johnson, Campbell, Crookand Weston.
(c) If any commissioner ceases to be a resident of the districtfrom which he is appointed, his office shall be vacant. All vacancies from anycause shall be filled by appointment by the governor as provided in W.S.28-12-101.
(d) Not more than four (4) members of the commission shall beof the same political party. Each of the commissioners shall qualify by takingthe constitutional oath of office and each shall act without pay except that hemay receive his actual traveling expenses according to law.
(e) Repealed by Laws 1991, ch. 241, 4.
(f) The department may receive on behalf of the state allgrants of money, property or other things of value from the federal government,the state of Wyoming or other public agency or person.
(g) Effective July 1, 1979, appointments and terms shall be inaccordance with W.S. 28-12-101 through 28-12-103.
(h) The commission shall meet as necessary to properly exerciseits functions, but shall meet not less than quarterly to consider thedistribution of grants and loans under W.S. 10-3-401 and 10-3-403.
ARTICLE 2 - POWERS AND DUTIES OF COMMISSION
10-3-201. Powers and duties generally.
(a) The commission shall cooperate with:
(i) The federal aviation administration;
(ii) Any existing federal aviation commission;
(iii) The cities and counties in Wyoming;
(iv) The chambers of commerce, commercial clubs and all aviationand business concerns interested in the development of aeronautics within thestate.
(b) In lieu of the requirements of this subsection, any airportsponsor may directly apply for, receive or disburse federal airport funds, andmay also direct all construction and maintenance of the airport. Theaeronautics commission may designate the airports to be built and maintainedwith the assistance of state or federal funds and is the sole authority todetermine the disbursement of funds for the state's airports. The aeronauticscommission through the department shall be the authority in the state to applyfor, or directly accept, receive, receipt for or disburse any funds granted bythe United States government for airport construction or maintenance. A county,city, town or joint powers board may enter into an agreement with the divisiondescribing the terms and conditions of the agency in accordance with federallaws, rules and regulations and applicable laws of this state. The division mayenforce the proper maintenance of these airports by the counties, cities andtowns or joint powers boards as agreed in the contracts existing between thesponsors of the airports and the federal government. All construction andmaintenance of these airports shall be under the direction of the department.
(c) The department may offer engineering or other technicaladvice to any municipality, county, joint powers board or other qualified partyin connection with the construction, maintenance or operation of airports. Thecommission shall encourage:
(i) Development of private aviation schools;
(ii) Interest in private flying and privately-owned planes;
(iii) Study of aerospace engineering and allied subjects in thevarious schools of Wyoming and assist in forming classes in aviation;
(iv) Repealed By Laws 2003, Ch. 104, 2.
(v) Sponsorship and participation in aerospace educationworkshops.
(d) The commission shall establish policies as may beappropriate for the division to implement the decisions of the commission andthe aeronautical purposes of this title and for the exercise of duties of thedivision. The commission shall provide assistance and advice to the director ofthe department regarding the division's budget. The commission shall nominatecandidates for the position of administrator of the division and upon requestshall advise the department in regards to appointments within the division.
(e) The commission shall assist communities in coordinatingefforts, facilitating, recruiting and attracting and promoting the development,improvement and retention of commercial air service and accommodating militaryair service in the state. The assistance may include studying airline andaircraft profitability, route analysis, air fare monitoring and recommendationsfor legislative changes to enhance air services in the state.
(f) There is created a new position in the office of thegovernor that shall coordinate with the commission to market and advocateairline service in Wyoming pursuant to subsection (e) of this section. Theperson appointed by the governor may be an at-will employee or an at-willcontract employee and may be removed by the governor as provided in W.S.9-1-202.
(g) The commission may promulgate reasonable rules, regulationsand procedures and establish standards as necessary to carry out the functionsof the division.
(h) Repealed By Laws 2008, Ch. 44, 2.
10-3-202. Authority to provide air transportation to departments andagencies of state.
Thedivision may provide air transportation to departments and agencies of stategovernment directly, but may contract for the services under fractionalownership agreements or otherwise under conditions which are considered by thedepartment or agency head to be urgent and to justify the air transportationand when justified within the limits of W.S. 9-4-205(e).
10-3-203. Repealed By Laws 2004, Chapter 79, 1.
10-3-204. Termination of commission.
(a) RepealedBy Laws 2008, Ch. 44, 2.
(b) Effective January 1, 1997, the aeronautics commissioncreated under this chapter shall continue with the powers, duties and authorityit possessed prior to January 1, 1997.
ARTICLE 3 - INVESTIGATIVE AUTHORITY
10-3-301. Conducting investigations and hearings; accidents to bereported.
Thecommission may conduct investigations, inquiries and hearings concerning thelaws of this state relating to aeronautics and accidents or injuries incidentto the operation of aircraft occurring within this state. Members of thecommission may administer oaths and affirmations, certify to all official acts,issue subpoenas and compel the attendance and testimony of witnesses and theproduction of papers, books and documents. All accidents or injuries incidentto the operation of aircraft occurring within this state shall be immediatelyreported to the commission.
10-3-302. Use in evidence of reports of investigations or hearings.
Thereports of investigations or hearings shall only be used in proceedingsinstituted by or in behalf of the commission pursuant to the laws of this staterelating to aeronautics.
ARTICLE 4 - AIRPORT CONSTRUCTION
10-3-401. Grants-in-aid for airport construction and improvement andair service promotion; authority to make; limitation.
(a) The commission may make grants-in-aid from state funds forconstruction and development of airports to counties, cities, towns and jointpowers boards within the state. No grant-in-aid for planning, construction orimprovement of any airport shall be made unless the airport is owned, leased orheld under a state or federal special use permit or agreement, exclusively orjointly, by the county, city, town or joint powers board to which the grant ismade. Grants may be spent for runways, terminals, hangars and otherimprovements and for planning any improvements to the airport. The commissionmay designate state funds for purposes of creating, amending and updating anysystem plan of an airport for the state.
(b) The commission may grant not more than five percent (5.0%)of the amount available for grants-in-aid under subsection (a) of this sectionto counties, cities and towns to promote air service in Wyoming. In accordancewith W.S. 10-3-402, any amount granted under this subsection shall be equallymatched by the recipient county, city or town. No amount granted under thissubsection shall be used for airline subsidies.
(c) Repealed By Laws 2000, Ch. 45, 3.
(d) In administering the grant program, and in consultationwith the Federal Aviation Administration and local airport sponsors, thecommission shall establish, amend and have available, at least one hundredtwenty (120) days before each biennial legislative budget session, a five (5)year capital improvement plan for airports in the state and a system forprioritizing projects to be funded by state and federal grants.
10-3-402. Grants-in-aid for airport construction and improvement;expenditures by county, city or town.
Expenditureof state funds shall be made under the discretion of the commission.
10-3-403. Loans for airport construction and improvement and airservice promotion; authority to make; security; rulemaking authority;limitation.
(a) The commission may make loans to counties, cities and townsand joint powers boards within the state for construction, development andimprovement of airport facilities generating user fees. The loans shall be fromthe permanent mineral trust fund and shall not exceed the aggregate of tenmillion dollars ($10,000,000.00), including all loans made under thissubsection prior to July 1, 2005 and still outstanding on that date.
(b) The term of repayment for a loan under this section shallnot exceed twenty (20) years.
(c) The commission may take a lien against the facilitiesgenerating user fees as security for repayment of loans under this section.
(d) The interest rate for loans under this section shall befive percent (5%) per annum.
(e) The commission shall adopt rules and regulations toadminister loans under this section, including eligibility criteria.
ARTICLE 5 - CIVIL AIR PATROL
10-3-501. Repealed By Laws 2004, ch. 66, 2.
10-3-502. Repealed By Laws 2004, ch. 66, 2.
10-3-503. Repealed By Laws 2004, ch. 66, 2.
ARTICLE 6 - AIR SERVICES FINANCIAL AID
10-3-601. Wyoming air services enhancement; legislative findings;Wyoming aeronautics commission authority to contract for services;requirements.
(a) The legislature finds that an adequate and comprehensivesystem of air service in Wyoming is vital for economic development withinWyoming. Competition among air service providers within the state is virtuallynonexistent and, without competition, services will remain limited andunreliable and high air fares will remain a major impediment to use of airservices by Wyoming residents and businesses.
(b) The Wyoming aeronautics commission may enter intoagreements to provide financial assistance to persons doing business or whowill do business in the state, to economic development organizations within thestate, to joint powers boards or to other entities formed to provide for enhancedair service to communities in Wyoming that have or are seeking commercial airservice, for the enhancement of air services in the state conditioned uponcontractual assurances that specified benefits will accrue to the state throughincreased air traffic and enplanements. For purposes of this article,"enhanced air service" shall include, but not be limited to,assisting airports in the state with commercial air service to have theappropriate level of state or federal security configuration to accommodateproposed air service and aircraft capacity. Benefits accruing to the stateshall include, but not be limited to, increasing the minimum number ofenplanements at airports facing a possible loss of federal airport improvementprogram funding, increasing passenger enplanements at commercial airports inWyoming, increasing frequency or sustaining flight operations from commercialairports in Wyoming to regional airport hubs, lowering airfares for airpassengers and increasing the number of routes flown within the state. Thecommission shall consult with counties, cities, towns, joint powers boards,airport boards or other entities pursuing air service enhancement beforeentering into agreements to provide air service enhancement and shall requirelocal funds for the provision of air service enhancement grants. The amount oflocal funds required for the provision of enhancing air services shall bedetermined by the commission, taking into account the types of service forwhich grants are approved, the diverse characteristics of the communities towhich air service is contracted for and other considerations examined by thecommission.
(c) The commission has primary responsibility and may consultwith or delegate to the aeronautics division of the Wyoming department oftransportation, Wyoming business council or other entities as necessary, todevelop criteria and contracts for financial aid under this section.
(d) All applications for financial aid under this section shallbe submitted to the aeronautics commission. The aeronautics commission shallapprove or deny the application. The applicant shall be promptly notified ofthe decision. In making the decision to approve or deny the application, thecommission shall give priority to an applicant whereby:
(i) The applicant can provide assurances that the enhancementhas a reasonable chance of success and will achieve benchmarks specified by theapplicant;
(ii) Participation by the commission is necessary to the successof the enhancement because funding from other sources for the enhancement isunavailable;
(iii) The applicant will use the proceeds of the financialassistance provided under this section only to secure or enhance air serviceswithin the state or to market or promote the service for which the financialassistance is granted;
(iv) The financial assistance has the reasonable potential inthe opinion of the aeronautics commission to create a substantial amount of airtravel originating within the state;
(v) The applicant has already made or is contractuallycommitted to make a substantial financial and time commitment to theenhancement and local funds are provided to secure a financial grant under thissection, in an amount determined by the commission;
(vi) The applicant will not pledge financial aid grantedpursuant to this section as collateral for any other purpose than is specifiedin the contract between the applicant and the commission;
(vii) The applicant will provide reasonable assurances thatwithin a time specified by the commission, the state shall benefit from itsinvestment by means of commercial airports having sufficient enplanements toretain or reestablish eligibility for federal airport improvement programfunding and that commercial airports in the state will receive increasedrevenues from established passenger facility charges as a result of increasedenplanements or from other benefits.
(e) Before granting any financial aid under this section, thecommission shall enter into an agreement with the applicant providing for abenefit to the state which is commensurate with the level of risk and amount ofthe financial aid, using the criteria specified in paragraph (d)(vii) of thissection. The attorney general shall review and approve the contract before thecommission enters into any agreement under this section.
(f) As used in this article, "commission" means theWyoming aeronautics commission created by W.S. 10-3-101.
(g) The Wyoming aeronautics commission will establishbenchmarks for determining the success of the program.
10-3-602. Wyoming air services enhancement account.
(a) The commission shall establish and maintain a Wyoming airservices enhancement account under this article to provide the financial aidspecified in W.S. 10-3-601 to enhance air services within the state. Any fundsdeposited in the account shall only be expended by the commission as providedin W.S. 10-3-601 and to administer this article.
(b) Any funds appropriated by the legislature to the accountestablished under subsection (a) of this section shall not lapse as provided byW.S. 9-4-207(a), but shall revert to the air services enhancement accountwithin the highway fund on September 30, 2007.
(c) The commission shall report to the joint minerals, businessand economic development interim committee, the joint appropriations interimcommittee and the air transportation liaison committee no later than September30, 2005, with respect to the status of the program under W.S. 10-3-601,including any actions taken and funds expended in consideration of, andpursuant to, any contract entered into under W.S. 10-3-601. If any funds areexpended under a contract prior to June 30, 2006, the commission shall alsoreport no later than that date and annually thereafter with respect to theperformance of any recipient of funds under the contract.
(a) The commission is created to consist of eight (8)commissioners. Seven (7) commissioners shall be appointed by the governor, byand with the consent of the senate, each to serve for a term of six (6) yearsnot to exceed two (2) terms. Two (2) commissioners shall be appointed at-largefor a term of six (6) years. The director of the department shall serve as anex officio and eighth member of the commission but shall not vote on mattersbefore the commission. The governor may remove any appointed commissioner asprovided in W.S. 9-1-202.
(b) One (1) commissioner shall be appointed from each of thefollowing districts:
(i) District 1. Counties of Laramie, Albany, Platte and Goshen;
(ii) District 2. Counties of Carbon, Sweetwater, Uinta, Lincoln,Sublette and Teton;
(iii) District 3. Counties of Niobrara, Converse, Natrona andFremont;
(iv) District 4. Counties of Hot Springs, Washakie, Big Horn andPark; and
(v) District 5. Counties of Sheridan, Johnson, Campbell, Crookand Weston.
(c) If any commissioner ceases to be a resident of the districtfrom which he is appointed, his office shall be vacant. All vacancies from anycause shall be filled by appointment by the governor as provided in W.S.28-12-101.
(d) Not more than four (4) members of the commission shall beof the same political party. Each of the commissioners shall qualify by takingthe constitutional oath of office and each shall act without pay except that hemay receive his actual traveling expenses according to law.
(e) Repealed by Laws 1991, ch. 241, 4.
(f) The department may receive on behalf of the state allgrants of money, property or other things of value from the federal government,the state of Wyoming or other public agency or person.
(g) Effective July 1, 1979, appointments and terms shall be inaccordance with W.S. 28-12-101 through 28-12-103.
(h) The commission shall meet as necessary to properly exerciseits functions, but shall meet not less than quarterly to consider thedistribution of grants and loans under W.S. 10-3-401 and 10-3-403.
ARTICLE 2 - POWERS AND DUTIES OF COMMISSION
10-3-201. Powers and duties generally.
(a) The commission shall cooperate with:
(i) The federal aviation administration;
(ii) Any existing federal aviation commission;
(iii) The cities and counties in Wyoming;
(iv) The chambers of commerce, commercial clubs and all aviationand business concerns interested in the development of aeronautics within thestate.
(b) In lieu of the requirements of this subsection, any airportsponsor may directly apply for, receive or disburse federal airport funds, andmay also direct all construction and maintenance of the airport. Theaeronautics commission may designate the airports to be built and maintainedwith the assistance of state or federal funds and is the sole authority todetermine the disbursement of funds for the state's airports. The aeronauticscommission through the department shall be the authority in the state to applyfor, or directly accept, receive, receipt for or disburse any funds granted bythe United States government for airport construction or maintenance. A county,city, town or joint powers board may enter into an agreement with the divisiondescribing the terms and conditions of the agency in accordance with federallaws, rules and regulations and applicable laws of this state. The division mayenforce the proper maintenance of these airports by the counties, cities andtowns or joint powers boards as agreed in the contracts existing between thesponsors of the airports and the federal government. All construction andmaintenance of these airports shall be under the direction of the department.
(c) The department may offer engineering or other technicaladvice to any municipality, county, joint powers board or other qualified partyin connection with the construction, maintenance or operation of airports. Thecommission shall encourage:
(i) Development of private aviation schools;
(ii) Interest in private flying and privately-owned planes;
(iii) Study of aerospace engineering and allied subjects in thevarious schools of Wyoming and assist in forming classes in aviation;
(iv) Repealed By Laws 2003, Ch. 104, 2.
(v) Sponsorship and participation in aerospace educationworkshops.
(d) The commission shall establish policies as may beappropriate for the division to implement the decisions of the commission andthe aeronautical purposes of this title and for the exercise of duties of thedivision. The commission shall provide assistance and advice to the director ofthe department regarding the division's budget. The commission shall nominatecandidates for the position of administrator of the division and upon requestshall advise the department in regards to appointments within the division.
(e) The commission shall assist communities in coordinatingefforts, facilitating, recruiting and attracting and promoting the development,improvement and retention of commercial air service and accommodating militaryair service in the state. The assistance may include studying airline andaircraft profitability, route analysis, air fare monitoring and recommendationsfor legislative changes to enhance air services in the state.
(f) There is created a new position in the office of thegovernor that shall coordinate with the commission to market and advocateairline service in Wyoming pursuant to subsection (e) of this section. Theperson appointed by the governor may be an at-will employee or an at-willcontract employee and may be removed by the governor as provided in W.S.9-1-202.
(g) The commission may promulgate reasonable rules, regulationsand procedures and establish standards as necessary to carry out the functionsof the division.
(h) Repealed By Laws 2008, Ch. 44, 2.
10-3-202. Authority to provide air transportation to departments andagencies of state.
Thedivision may provide air transportation to departments and agencies of stategovernment directly, but may contract for the services under fractionalownership agreements or otherwise under conditions which are considered by thedepartment or agency head to be urgent and to justify the air transportationand when justified within the limits of W.S. 9-4-205(e).
10-3-203. Repealed By Laws 2004, Chapter 79, 1.
10-3-204. Termination of commission.
(a) RepealedBy Laws 2008, Ch. 44, 2.
(b) Effective January 1, 1997, the aeronautics commissioncreated under this chapter shall continue with the powers, duties and authorityit possessed prior to January 1, 1997.
ARTICLE 3 - INVESTIGATIVE AUTHORITY
10-3-301. Conducting investigations and hearings; accidents to bereported.
Thecommission may conduct investigations, inquiries and hearings concerning thelaws of this state relating to aeronautics and accidents or injuries incidentto the operation of aircraft occurring within this state. Members of thecommission may administer oaths and affirmations, certify to all official acts,issue subpoenas and compel the attendance and testimony of witnesses and theproduction of papers, books and documents. All accidents or injuries incidentto the operation of aircraft occurring within this state shall be immediatelyreported to the commission.
10-3-302. Use in evidence of reports of investigations or hearings.
Thereports of investigations or hearings shall only be used in proceedingsinstituted by or in behalf of the commission pursuant to the laws of this staterelating to aeronautics.
ARTICLE 4 - AIRPORT CONSTRUCTION
10-3-401. Grants-in-aid for airport construction and improvement andair service promotion; authority to make; limitation.
(a) The commission may make grants-in-aid from state funds forconstruction and development of airports to counties, cities, towns and jointpowers boards within the state. No grant-in-aid for planning, construction orimprovement of any airport shall be made unless the airport is owned, leased orheld under a state or federal special use permit or agreement, exclusively orjointly, by the county, city, town or joint powers board to which the grant ismade. Grants may be spent for runways, terminals, hangars and otherimprovements and for planning any improvements to the airport. The commissionmay designate state funds for purposes of creating, amending and updating anysystem plan of an airport for the state.
(b) The commission may grant not more than five percent (5.0%)of the amount available for grants-in-aid under subsection (a) of this sectionto counties, cities and towns to promote air service in Wyoming. In accordancewith W.S. 10-3-402, any amount granted under this subsection shall be equallymatched by the recipient county, city or town. No amount granted under thissubsection shall be used for airline subsidies.
(c) Repealed By Laws 2000, Ch. 45, 3.
(d) In administering the grant program, and in consultationwith the Federal Aviation Administration and local airport sponsors, thecommission shall establish, amend and have available, at least one hundredtwenty (120) days before each biennial legislative budget session, a five (5)year capital improvement plan for airports in the state and a system forprioritizing projects to be funded by state and federal grants.
10-3-402. Grants-in-aid for airport construction and improvement;expenditures by county, city or town.
Expenditureof state funds shall be made under the discretion of the commission.
10-3-403. Loans for airport construction and improvement and airservice promotion; authority to make; security; rulemaking authority;limitation.
(a) The commission may make loans to counties, cities and townsand joint powers boards within the state for construction, development andimprovement of airport facilities generating user fees. The loans shall be fromthe permanent mineral trust fund and shall not exceed the aggregate of tenmillion dollars ($10,000,000.00), including all loans made under thissubsection prior to July 1, 2005 and still outstanding on that date.
(b) The term of repayment for a loan under this section shallnot exceed twenty (20) years.
(c) The commission may take a lien against the facilitiesgenerating user fees as security for repayment of loans under this section.
(d) The interest rate for loans under this section shall befive percent (5%) per annum.
(e) The commission shall adopt rules and regulations toadminister loans under this section, including eligibility criteria.
ARTICLE 5 - CIVIL AIR PATROL
10-3-501. Repealed By Laws 2004, ch. 66, 2.
10-3-502. Repealed By Laws 2004, ch. 66, 2.
10-3-503. Repealed By Laws 2004, ch. 66, 2.
ARTICLE 6 - AIR SERVICES FINANCIAL AID
10-3-601. Wyoming air services enhancement; legislative findings;Wyoming aeronautics commission authority to contract for services;requirements.
(a) The legislature finds that an adequate and comprehensivesystem of air service in Wyoming is vital for economic development withinWyoming. Competition among air service providers within the state is virtuallynonexistent and, without competition, services will remain limited andunreliable and high air fares will remain a major impediment to use of airservices by Wyoming residents and businesses.
(b) The Wyoming aeronautics commission may enter intoagreements to provide financial assistance to persons doing business or whowill do business in the state, to economic development organizations within thestate, to joint powers boards or to other entities formed to provide for enhancedair service to communities in Wyoming that have or are seeking commercial airservice, for the enhancement of air services in the state conditioned uponcontractual assurances that specified benefits will accrue to the state throughincreased air traffic and enplanements. For purposes of this article,"enhanced air service" shall include, but not be limited to,assisting airports in the state with commercial air service to have theappropriate level of state or federal security configuration to accommodateproposed air service and aircraft capacity. Benefits accruing to the stateshall include, but not be limited to, increasing the minimum number ofenplanements at airports facing a possible loss of federal airport improvementprogram funding, increasing passenger enplanements at commercial airports inWyoming, increasing frequency or sustaining flight operations from commercialairports in Wyoming to regional airport hubs, lowering airfares for airpassengers and increasing the number of routes flown within the state. Thecommission shall consult with counties, cities, towns, joint powers boards,airport boards or other entities pursuing air service enhancement beforeentering into agreements to provide air service enhancement and shall requirelocal funds for the provision of air service enhancement grants. The amount oflocal funds required for the provision of enhancing air services shall bedetermined by the commission, taking into account the types of service forwhich grants are approved, the diverse characteristics of the communities towhich air service is contracted for and other considerations examined by thecommission.
(c) The commission has primary responsibility and may consultwith or delegate to the aeronautics division of the Wyoming department oftransportation, Wyoming business council or other entities as necessary, todevelop criteria and contracts for financial aid under this section.
(d) All applications for financial aid under this section shallbe submitted to the aeronautics commission. The aeronautics commission shallapprove or deny the application. The applicant shall be promptly notified ofthe decision. In making the decision to approve or deny the application, thecommission shall give priority to an applicant whereby:
(i) The applicant can provide assurances that the enhancementhas a reasonable chance of success and will achieve benchmarks specified by theapplicant;
(ii) Participation by the commission is necessary to the successof the enhancement because funding from other sources for the enhancement isunavailable;
(iii) The applicant will use the proceeds of the financialassistance provided under this section only to secure or enhance air serviceswithin the state or to market or promote the service for which the financialassistance is granted;
(iv) The financial assistance has the reasonable potential inthe opinion of the aeronautics commission to create a substantial amount of airtravel originating within the state;
(v) The applicant has already made or is contractuallycommitted to make a substantial financial and time commitment to theenhancement and local funds are provided to secure a financial grant under thissection, in an amount determined by the commission;
(vi) The applicant will not pledge financial aid grantedpursuant to this section as collateral for any other purpose than is specifiedin the contract between the applicant and the commission;
(vii) The applicant will provide reasonable assurances thatwithin a time specified by the commission, the state shall benefit from itsinvestment by means of commercial airports having sufficient enplanements toretain or reestablish eligibility for federal airport improvement programfunding and that commercial airports in the state will receive increasedrevenues from established passenger facility charges as a result of increasedenplanements or from other benefits.
(e) Before granting any financial aid under this section, thecommission shall enter into an agreement with the applicant providing for abenefit to the state which is commensurate with the level of risk and amount ofthe financial aid, using the criteria specified in paragraph (d)(vii) of thissection. The attorney general shall review and approve the contract before thecommission enters into any agreement under this section.
(f) As used in this article, "commission" means theWyoming aeronautics commission created by W.S. 10-3-101.
(g) The Wyoming aeronautics commission will establishbenchmarks for determining the success of the program.
10-3-602. Wyoming air services enhancement account.
(a) The commission shall establish and maintain a Wyoming airservices enhancement account under this article to provide the financial aidspecified in W.S. 10-3-601 to enhance air services within the state. Any fundsdeposited in the account shall only be expended by the commission as providedin W.S. 10-3-601 and to administer this article.
(b) Any funds appropriated by the legislature to the accountestablished under subsection (a) of this section shall not lapse as provided byW.S. 9-4-207(a), but shall revert to the air services enhancement accountwithin the highway fund on September 30, 2007.
(c) The commission shall report to the joint minerals, businessand economic development interim committee, the joint appropriations interimcommittee and the air transportation liaison committee no later than September30, 2005, with respect to the status of the program under W.S. 10-3-601,including any actions taken and funds expended in consideration of, andpursuant to, any contract entered into under W.S. 10-3-601. If any funds areexpended under a contract prior to June 30, 2006, the commission shall alsoreport no later than that date and annually thereafter with respect to theperformance of any recipient of funds under the contract.
