Pre-filed December 10, 1996, and 1,000 copies ordered printed.

Read 2nd time January 15, 1997, and referred to the Committee on Transportation.

Reported from the Committee March 27, 1997, with recommendation that the bill do pass with Senate Committee Amendment No. 1.

Taken up for Perfection April 16, 1997. Bill declared Perfected and Ordered Printed, as amended.

TERRY L. SPIELER, Secretary.

S0189.01P

To repeal section 305.230, RSMo 1994, and section 43.265, RSMo Supp. 1996, relating to airports, and to enact two new sections relating to the same subject.

Be it enacted by the General Assembly of the State of Missouri, as follows:

     Section A. Section 305.230, RSMo 1994, and section 43.265, RSMo Supp. 1996, are repealed and two new sections enacted in lieu thereof to be known as sections 43.265 and 305.230, to read as follows:

     43.265. There is hereby created in the state treasury the "Highway Patrol's Motor Vehicle and Aircraft Revolving Fund", which shall be administered by the superintendent of the highway patrol. All funds received by the highway patrol from [government agencies for purchase of highway patrol motor vehicles and from any other source for the purchase of highway patrol aircraft or aircraft parts shall be credited to the fund.]:

     (1) Government agencies for purchase of highway patrol motor vehicles;

     (2) Any other source for the purchase of highway patrol aircraft or aircraft parts; and

     (3) Government agencies for the reimbursement of costs associated with aircraft flights flown on their behalf by the highway patrol;

shall be credited to the fund. The state treasurer is the custodian of the fund and shall approve disbursements from the fund subject to appropriation and as provided by law and the constitution of this state at the request of the superintendent of the highway patrol. The balances from this fund shall be used for the purchase of highway patrol motor vehicles, highway patrol aircraft or aircraft parts and for no other purpose. Any unexpended balance in fund at the end of the fiscal year shall be exempt from the provisions of section [33.808,] 33.080, RSMo, relating to the transfer of unexpended balances to the general revenue fund.

     305.230. 1. The state highways and transportation commission shall administer an aeronautics program within this state. The state commission shall encourage, foster and participate with the political subdivisions of this state in the promotion and development of aeronautics. The state commission may provide financial assistance in the form of grants from funds appropriated for such purpose to any political subdivision or instrumentality of this state acting independently or jointly or to the owner or owners of any privately owned airport designated as a reliever by the Federal Aviation Administration for the planning, acquisition, construction, improvement or maintenance of airports, or for other aeronautical purposes.

     2. Any political subdivision or instrumentality of this state or the owner or owners of any privately owned airport designated as a reliever by the Federal Aviation Administration receiving state funds for the purchase, construction, or improvement, except maintenance, of an airport shall agree before any funds are paid to it to control by ownership or lease the airport for a period equal to the useful life of the project as determined by the state commission following the last payment of state or federal funds to it. In the event an airport authority ceases to exist for any reason, this obligation shall be carried out by the governing body which created the authority.

     3. Unless otherwise provided, grants to political subdivisions, instrumentalities or to the owner or owners of any privately owned airport designated as a reliever by the Federal Aviation Administration shall be made from the aviation trust fund. The aviation trust fund is a revolving trust fund exempt from the provisions of section 33.080, RSMo, relating to the transfer of funds to the general revenue funds of the state by the state treasurer. All interest earned upon the balance in the aviation trust fund shall be deposited to the credit of the same fund.

     4. The moneys in the aviation trust fund shall be administered by the state commission and, when appropriated, shall be used for the following purposes:

     (1) As matching funds on an up to eighty percent state/twenty percent local basis, except in the case where federal funds are being matched, when the ratio of state and local funds used to match the federal funds shall be fifty percent state/fifty percent local:

     (a) For preventive maintenance of runways, taxiways and aircraft parking areas, and for emergency repairs of the same;

     (b) For the acquisition of land for the development and improvement of airports;

     (c) For the earthwork and drainage necessary for the construction, reconstruction or repair of runways, taxiways, and aircraft parking areas;

     (d) For the construction, or restoration of runways, taxiways, or aircraft parking areas;

     (e) For the acquisition of land or easements necessary to satisfy Federal Aviation Administration safety requirements;

     (f) For the identification, marking or removal of natural or manmade obstructions to airport control zone surfaces and safety areas;

     (g) For the installation of runway, taxiway, boundary, ramp, or obstruction lights, together with any work directly related to the electrical equipment;

     (h) For the erection of fencing on or around the perimeter of an airport;

     (i) For purchase, installation or repair of air navigational and landing aid facilities and communication equipment;

     (j) For engineering related to a project funded under the provisions of this section and technical studies or consultation related to aeronautics;

     (k) For airport planning projects including master plans and site selection for development of new airports, for updating or establishing master plans and airport layout plans at existing airports;

     (l) For the purchase, installation, or repair of safety equipment and such other capital improvements and equipment as may be required for the safe and efficient operation of the airport;

     (2) As total funds, with no local match:

     (a) For providing air markers, windsocks, and other items determined to be in the interest of the safety of the general flying public;

     (b) For the printing and distribution of state aeronautical charts and state airport directories on an annual basis, and a newsletter on a quarterly basis or the publishing and distribution of any public interest information deemed necessary by the state commission;

     (c) For the conducting of aviation safety workshops;

     (d) For the promotion of aerospace education.

     5. The general assembly may appropriate to the aviation trust fund an amount not to exceed five million dollars in each fiscal year for the purposes of this section. If on January thirty-first of any year, the unobligated balance of the aviation trust fund exceeds five million dollars, no appropriation shall be made for the following fiscal year.

     6. In the event of a natural or manmade disaster which closes any runway or renders inoperative any electronic or visual landing aid on an airport, any funds appropriated for the purpose of capital improvements or maintenance of airports may be made immediately available for necessary repairs once they are approved by the Missouri department of transportation. For projects designated as emergencies by the Missouri department of transportation, all requirements relating to normal procurement of engineering and construction services are waived.

     7. As used in this section, the term "instrumentality of the state" shall mean any state educational institution as defined in section 176.010, RSMo or any state agency which owns or operates an airport on January 1, 1997.