Colorado § 43-10-110 - Revenues in aviation fund - disbursements.

§ 43-10-110. Revenues in aviation fund - disbursements.

(1) (a) In accordance with section 18 of article X of the Colorado constitution, moneys in the fund shall be used exclusively for aviation purposes.

(b) Repealed.

(2) (a) (I) The board shall transfer from the fund, on a monthly basis, to the airport operating fund of the governmental or airport entity operating the FAA-designated public-use airport an amount equal to four cents per gallon of gasoline, as defined in section 39-27-101 (12), C.R.S., sold at such airport and an amount equal to sixty-five percent of any sales and use taxes collected by the state on aviation fuel sold for use at such airport by turbo-propeller or jet engine aircraft and credited to the fund pursuant to section 43-10-109 (2).

(II) If an intergovernmental agreement is entered into pursuant to the provisions of article 46.5 of title 24, C.R.S., the portion of the sales and use tax revenues that would otherwise be transferred to the governmental entity operating an airport in the state at which commercial passenger service is provided and that has entered into an intergovernmental agreement under article 46.5 of title 24, C.R.S., shall be transferred to the Colorado business incentive fund created in section 24-46.5-102, C.R.S. If such an intergovernmental agreement is entered into, moneys shall be transferred by the state treasurer for the length of the intergovernmental agreement, and, following the conclusion of the agreement, or if no agreement is entered into, the moneys shall be transferred to such governmental entity in accordance with the provisions of this section.

(b) The transfer of moneys pursuant to this subsection (2) shall be based upon monthly reports made by the department of revenue, pursuant to the provisions of sections 39-26-715 (1)(a)(I) and (2)(a) and 39-27-102 (1)(a)(IV)(C), C.R.S., and transmitted to the division. Such moneys shall only be used for aviation purposes. Moneys in the fund derived from the sale of gasoline and aviation fuel at airports not qualified to receive revenue pursuant to the provisions of this subsection (2) shall remain in the fund.

(3) Moneys in the fund not transferred to a governmental or airport entity operating an FAA-designated public-use airport as provided in subsection (2) of this section and not allocated for administrative expenses shall be used by the board exclusively for aviation purposes, including the awarding of grants pursuant to the state aviation system grant program established by the general assembly pursuant to section 43-10-108.5 and including the awarding of contracts as authorized in this article.

Source: L. 91: Entire article added, p. 1050, § 3, effective July 1; entire section amended, p. 2396, § 19, effective July 1. L. 91, 1st Ex. Sess.: Entire section amended, p. 5, § 7, effective July 1. L. 96: (3) amended, p. 635, § 4, effective May 1; (2) amended, p. 964, § 2, effective May 23. L. 97: (2)(a)(II) amended, p. 787, § 7, effective May 8. L. 2000: (1) amended, p. 674, § 6, effective May 22; (2)(a) amended, p. 1330, § 1, effective May 26. L. 2003: (2)(a)(I) amended, p. 1819, § 8, effective August 6. L. 2004: (2)(b) amended, p. 1048, § 23, effective July 1. L. 2006: (3) amended, p. 541, § 4, effective July 1. L. 2009: (2)(a)(I), (2)(b), and (3) amended, (HB 09-1066), ch. 82, p. 303, § 5, effective August 5.

Editor's note: (1) The amendments to this section made by chapter 1, L. 91, First Extraordinary Session, page 3, section 7, supersede the amendments made by chapter 330, L. 91, page 2396, section 19. Although both acts contained a July 1, 1991, effective date, the Governor did not sign the act enacted at the First Extraordinary Session until July 5. The act contained in chapter 1 from the First Extraordinary Session was subject to an interrogatory submitted to the Supreme Court by the Governor. The court held the act constitutional on its face. (See In re House Bill 91S-1005, 814 P.2d 875 (Colo. 1991).)

(2) Subsection (1)(b)(II) provided for the repeal of subsection (1)(b), effective July 1, 2003. (See L. 2000, p. 674.)

Cross references: For the legislative declaration contained in the 2000 act amending subsection (1), see section 1 of chapter 166, Session Laws of Colorado 2000; for the legislative declaration contained in the 2003 act amending subsection (2)(a)(I), see section 1 of chapter 278, Session Laws of Colorado 2003.

ANNOTATION

Statute, in conjunction with article 46.5 of title 24, does not violate the following constitutional provisions: Article XI, section 2, concerning aid to corporations; article V, section 24, concerning appropriations to private institutions; article II, section 11, concerning irrevocable grants of special privileges; article V, section 25, concerning special legislation; and article XI, section 3, concerning public debt of the state. In re House Bill 91S-1005, 814 P.2d 875 (Colo. 1991).