Commercial air service improvement.

ORIGINAL
Senate
ENGROSSED
File No
.
SF0040

ENROLLED ACT NO. 40,

SENATE

SIXTY-FOURTH LEGISLATURE OF THE STATE OF
WYOMING
2018 Budget Session

AN ACT relating to aeronautics; establishing the Wyoming Commercial Air Service Improvement Act; providing legislative findings; creating the Wyoming commercial air service improvement council; prescribing duties; providing for a commercial air service improvement plan; providing a sunset date; transferring rights, duties, obligations and liabilities of the council as specified; authorizing the aeronautics commission to enter into contracts related to commercial air service improvement; requiring reports; creating an account; providing appropriations; and providing for an effective date.

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

Section 1
.

(a)

The legislature finds that:

(i)

The reliability and quality of c
ommercial air service directly affects
Wyoming
'
s
ability to promote and achieve the goals of the legislative and executive branches
'
economic initiatives
;

(ii)

There is an imminent need to develop and pursue a long
‑
term plan
for commercial air service in Wyoming
through a coordinated approach to enable:

(A)

Increased economic competitiveness, expansion and diversification
in Wyoming
;

(B)

Wyoming and its citizens to secure reliable commercial air service in this state; and

(C)

The legislative and executive branches to promote and achieve the goals of their economic initiatives.

(iii)

Coordinated efforts
between the state, local communities and industry to improve commercial air service in Wyoming
are
necessary to fulfill the purposes of the Wyoming Commercial Air Service Improvement Act created by section 2 of this act.

Section 2
.

W.S. 10
‑
7
‑
101 through 10
‑
7
‑
105
are created to read:

CHAPTER 7
COMMERCIAL AIR SERVICE IMPROVEMENT

10
‑
7
‑
101
.

Short title.

This chapter may be cited as the
"
Wyoming Commercial Air Service Improvement Act.
"

10
‑
7
‑
102
.

Definitions.

(a)

As used in this chapter:

(i)

"
Commercial air service improvement plan
"
means a coordinated and comprehensive
ten (10) year
plan intended to improve commercial air service in this state, as developed by the council pursuant to this chapter;

(ii)

"
Council
"
means the Wyoming commercial air service improvement council created by this chapter.

10
‑
7
‑
103
.

Wyoming commercial air service improvement council; creation;

transfer of
rights
, duties,

obligations
and liabilities
.

(a)

There is created
the
Wyoming commercial air service improvement council consisting of eleven (11) voting members and four (4) nonvoting members.
For administrative purposes, the council shall be within the department.

(b)

There shall be two (2) legislative voting members on the council as follows:

(i)

One (1) member of the senate appointed by the president of the senate;

(ii)

One (1) member of the house of representatives appointed by the speaker of the house of representatives.

(
c
)

With the advice and consent of the
commission
and subject to the requirements of this section, the governor shall appoint the remaining nine (9) voting members to the council
.

Appointments to the council shall include, to the extent practicable, at least one (1) resident of each county served by an airport with commercial air service and shall include
:

(i)

Two (2) members
of
the commission;

(ii)

Two (2) business members of the
economically needed diversity options for Wyoming

(
ENDOW
)
executive council or other business representatives
participating in ENDOW executive council initiatives
;

(iii)

One (1) member
of
the Wyoming association of municipalities;

(iv)

One (1) member
of
the Wyoming county commissioners association;

(v)

One (1) commercial air service member of the Wyoming airport operators association;

(vi)

Two (2) members from the public at-large, including one (1) who shall represent a critical need community and one (1) who shall represent a growth community as designated by the commission.

(
d
)

The following four (4) nonvoting members or their designees
shall also serve on the council
:

(i)

The governor;

(ii)

The director of the department;

(iii)

The executive director of the office of tourism;

(iv)

The chief executive officer of the Wyoming business council.

(
e
)

The governor may, in accordance with W.S. 9
‑
1
‑
202, remove any voting member he appoints.

(
f
)

If a vacancy occurs with respect to a voting member, the vacancy shall
be filled by the governor
,
with a person holding the same or similar qualifications as the person who vacated the position
.
The new member shall serve the remainder of the term for which the vacating member was appointed.

(
g
)

The voting members of the council shall elect a chairman from among their members.

(
h
)

M
ember
s
of the council shall
not
receive compensation, but when engaged in the performance of
their
duties
they
may receive
reimbursement for
travel expenses in the same manner and amount as state employees.

(
j
)

The council shall meet as often as necessary to conduct business or at the request of the chairman or the governor. A majority of voting members shall constitute a quorum for the transaction of business and for the exercise of any power or function of the council.

(
k
)

The
department shall provide administrative services and staffing for the council
.

(m)

Funding for expenses of the council shall come from the budget of the department.

(
n
)

N
ot later than August 1, 2018, the council shall
prepare and
, with the approval of the commission,
submit
a commercial air service improvement plan
to the governor for his approval
and
to
the joint minerals, business and economic development interim committee
and the joint appropriations committee
.
T
he

commercial air service improvement
plan
shall

include
the following
:

(
i
)

A summary of t
he activities of
the commission, other
state agencies, boards, commissions and councils and local communities
related
to achiev
ing
sustainability in commercial air service for the benefit of citizens, tourists, local co
mmunities and the state;

(
ii)

Recommendations for i
nitiatives and specific actions:

(
A
)

To develop efficient and effective implementation of a long
‑
term, viable strategy for sustainable commercial air service in this state, which
may
include decreasing costs, increasing passengers and providing industry standard reliability to commercial air service communiti
es. To the extent feasible, the recommended
strategy shall include a one (1) carrier system offering
up to
three (3) daily f
lights to a major hub from each
participating commercial air service community in the state; and

(B
)

That are coordinated with the commission and local communities to ensure state and community commercial air service projects are developed in furtherance of the purposes of this chapter and individual community needs.

(iii)

Performance benchmarks, policy recommendations, budget requests, a time period for
formulating
marketing
,
and a schedule for full implementation of steps necessary to establish and maintain sustainable
, reliable and quality
commercial air service in this state.

(
o
)

In developing the commercial air service improvement plan, the council shall
:

(i)

N
ot take any action intended to interfere with
existing
commercial air services operating out of commercial air se
rvice communities in
this state;

(ii)

Determine the level of fi
nancial support required of
participating commercial air service communit
ies
.

(
p
)

Not later than November 15, 2018, the council shall prepare and submit
a status report on the implementation of the commercial air service improvement plan
to the
commission, the
governor and the joint minerals, business and economic development interim committee.

(
q
)

Effective March 15, 2019, the council shall cease to exist and all its rights, duties, obligations and liabilities under this section shall be transferred to the commission.

T
he commission may make
reasonable
adjustments to the level of financial support determined by the council under paragraph (
o
)(ii) of this section.

10
‑
7
‑
104
.

C
ontracts to improve commercial air service.

The
commission
may, after competitive bidding, enter into contracts

to procure commercial air service
,

to
obtain
professional, financial
or
technical assistance directly related to the
commercial air service improvement
plan
or for any other purposes necessary to implement the commercial air service improvement plan
. The attorney general shall review and approve any contract under this subsection before it is executed. Beginning
September 30
, 201
9
, and by
September 30
annually thereafter, the
commission
shall provide a report on any contracts entered into under this subsection to the
governor, the
joint minerals, business and economic development interim committee, the joint appropriations committee
and
the air transportation liaison committee.
The report shall describe
any actions taken and funds expended in consideration of, and pursuant to, any contract entered into under this subsection, and
shall
analyze
the performance of
any recipient of funds under any
contract.

10
‑
7
‑
10
5
.

Wyoming commercial air service improvement account.

There is created the Wyoming commercial air service improvement account.
F
unds in the account are continuously appropriated
to the
account and shall be expended only on contracts and other expenses necessary to implement the commercial air services improvement plan pursuant to W.S. 10-7-104 and then only after further legislative authorization.
Notwithstanding W.S. 9
‑
2
‑
1008, 9
‑
2
‑
1012(e) and 9
‑
4
‑
207(a), any funds within the account and any interest earned thereon shall not lapse or revert until directed by the legislature.

Section 3
.

W.S. 10
‑
1
‑
101(a)(xi) is amended to read:

10
‑
1
‑
101
.

Definitions.

(a)

As used in this act:

(xi)

"
This act
"
means W.S. 10
‑
1
‑
101 through
10
‑
6
‑
104
10
‑
7
‑
10
5
.

Section 4.

(a)

There is appropriated fifteen million dollars ($15,000,000.00) from the legislative stabilization reserve account to the Wyoming commercial air service improvement account, as created by this act.

(b)

In addition to the appropriation contained in subsection (a) of this section, there is appropriated one million dollars ($1,000,000.00) from the legislative stabilization reserve account to the aeronautics commission for continuation of the air service enhancement program. These funds shall only be expended in the period beginning July 1, 2019 and ending June 30, 2020. Notwithstanding any other provision of law, this appropriation shall not be transferred or expended for any other purpose and any unexpended, unobligated funds remaining from this appropriation shall revert to legislative stabilization reserve account on June 30, 2020.

(
c)

Upon the effective date of this section:

(i)

The appropriation contained in 2018 House Bill 0001, section 321(a)(ii) to the economic diversification account created by W.S. 9-12-1404(a) shall be reduced fifteen million dollars ($15,000,000.00);

(ii)

2018 House Bill 0001, section 321(a)(ii)(C) shall not be effective.
Section
5
.

This act is effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.

(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

1