Air services financial aid.

WORKING DRAFT

ORIGINAL SENATE

FILE

NO.
0114

ENROLLED ACT NO. 44, SENATE

FIFTY-NINTH LEGISLATURE OF THE STATE OF WYOMING
2007 GENERAL SESSION

AN ACT relating to air service enhancements; specifying services that qualify as air service enhancements; clarifying conditions that the aeronautics commission shall consider on applications for funding from the air services enhancement account; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.

W.S. 10
‑
3
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601(b), (d)(i), (ii), (v) and (vii) is amended to read:

10
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3
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601.

Wyoming air services enhancement; legislative findings; Wyoming aeronautics commission authority to contract for services; requirements.

(b)

The Wyoming aeronautics commission may enter into agreements to provide financial assistance to persons doing business or who will do business in the state, to economic development organizations within the state, to joint powers boards or to other entities formed to provide for enhanced air service to communities in Wyoming that have or are seeking commercial air service, for the enhancement of air services in the state conditioned upon contractual assurances that specified benefits will accrue to the state through increased 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 the appropriate level of state or federal security configuration to accommodate proposed air service and aircraft capacity.
Benefits accruing to the state shall include, but not be limited to, increasing the minimum number of enplanements at airports facing a possible loss of federal airport improvement program funding, increasing passenger enplanements at commercial airports in Wyoming, increasing frequency or sustaining flight operations from commercial airports in Wyoming to regional airport hubs, lowering airfares for air passengers and increasing the number of routes flown within the state. The commission shall consult with counties, cities, towns, joint powers boards, airport boards or other entities pursuing air service enhancement before entering into agreements to provide air service enhancement and shall require local funds for the provision of air service enhancement grants. The amount of local funds required for the provision of enhancing air services shall be determined by the commission, taking into account the types of service for which grants are approved, the diverse characteristics of the communities to which air service is contracted for and other considerations examined by the commission.

(d)

All applications for financial aid under this section shall be submitted to the aeronautics commission. The aeronautics commission shall approve or deny the application. The applicant shall be promptly notified of the decision. In making the decision to approve or deny the application, the commission shall give priority to an applicant whereby:

(i)

The applicant can provide assurances that the
enterprise
enhancement
has a reasonable chance of success and will achieve benchmarks specified by the applicant;

(ii)

Participation by the commission is necessary to the success of the
enterprise
enhancement
because funding
from other sources
for the
enterprise
enhancement
is unavailable
;
in the traditional capital markets, or because funding has been offered on terms that would substantially hinder the success of the enterprise;

(v)

The applicant has already made or is contractually committed to make a substantial financial and time commitment to the
enterprise
enhancement
and local funds are provided to secure a financial grant under this section, in an amount determined by the commission;

(vii)

The applicant will provide reasonable assurances that within a time specified by the commission, the state shall benefit from its investment by means of commercial airports having sufficient enplanements to retain or reestablish eligibility for federal airport improvement program funding and that commercial airports in the state will receive increased revenues from established passenger facility charges as a result of increased enplanements
by the enterprise
or from other benefits.

Section 2.

This act is effective July 1, 2007.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the Senate.

Chief Clerk

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