305.230. Aeronautics program, highways and transportation commission to administer--purposes--aviation trust fund, administration, uses--appropriation--immediate availability of funds in the event of - Missouri Statutes

Aeronautics program, highways and transportation commission toadminister--purposes--aviation trust fund, administration,uses--appropriation--immediate availability of funds in the eventof a disaster.

305.230. 1. The state highways and transportation commission shalladminister an aeronautics program within this state. The commission shallencourage, foster and participate with the political subdivisions of thisstate in the promotion and development of aeronautics. The commission mayprovide financial assistance in the form of grants from funds appropriated forsuch purpose to any political subdivision or instrumentality of this stateacting independently or jointly or to the owner or owners of any privatelyowned airport designated as a reliever by the Federal Aviation Administrationfor the planning, acquisition, construction, improvement or maintenance ofairports, or for other aeronautical purposes.

2. Any political subdivision or instrumentality of this state or theowner or owners of any privately owned airport designated as a reliever by theFederal Aviation Administration receiving state funds for the purchase,construction, or improvement, except maintenance, of an airport shall agreebefore any funds are paid to it to control by ownership or lease the airportfor a period equal to the useful life of the project as determined by thecommission following the last payment of state or federal funds to it. In theevent an airport authority ceases to exist for any reason, this obligationshall 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 airportdesignated as a reliever by the Federal Aviation Administration shall be madefrom the aviation trust fund. In making grants, the commission shall considerwhether the local community has given financial support to the airport in thepast. Priority shall be given to airports with local funding for the pastfive years with no reduction in such funding. The aviation trust fund is arevolving 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 bythe state treasurer. All interest earned upon the balance in the aviationtrust fund shall be deposited to the credit of the same fund.

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

(1) As matching funds on an up to ninety percent state/ten percent localbasis, except in the case where federal funds are being matched, when theratio of state and local funds used to match the federal funds shall be fiftypercent state/fifty percent local:

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

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

(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, oraircraft parking areas;

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

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

(g) For the installation of runway, taxiway, boundary, ramp, orobstruction lights, together with any work directly related to the electricalequipment;

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

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

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

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

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

(m) If at least six million dollars is deposited into the aviation trustfund in the previous calendar year, up to two million dollars may be expendedannually upon the study or promotion of expanded domestic or internationalscheduled commercial service, the study or promotion of intrastate scheduledcommercial service, or to assist airport sponsors participating in a federallyfunded air service program supporting intrastate scheduled commercial service;

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

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

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

(c) For the conducting of aviation safety workshops;

(d) For the promotion of aerospace education;

(3) As total funds with no local match, up to five hundred thousanddollars per year may be used for the cost of operating existing air trafficcontrol towers that do not receive funding from the Federal AviationAdministration or the United States Department of Defense, except no more thanone hundred sixty-seven thousand dollars per year may be used for anyindividual control tower;

(4) As total funds with a local match, up to five hundred thousanddollars per year may be used for air traffic control towers partially fundedby the federal government under a cost-share program. Any expenditures underthis program require a nonfederal match, comprised of a ratio of fifty percentstate and fifty percent local funds. No more than one hundred thousanddollars per year may be expended for any individual control tower.

5. In the event of a natural or manmade disaster which closes any runwayor renders inoperative any electronic or visual landing aid at an airport, anyfunds appropriated for the purpose of capital improvements or maintenance ofairports may be made immediately available for necessary repairs once they areapproved by the commission. For projects designated as emergencies by thecommission, all requirements relating to normal procurement of engineering andconstruction services are waived.

6. 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 owned or operated an airport on January 1,1997, and continues to own or operate such airport.

(L. 1945 p. 1315 § 1, A.L. 1965 p. 501, A.L. 1971 S.B. 351, A.L. 1978 H.B. 1116 & 1117, A.L. 1985 S.B. 145 & 166, A.L. 1986 S.B. 550, A.L. 1991 S.B. 6, A.L. 1998 S.B. 619, A.L. 2002 H.B. 1196, A.L. 2005 S.B. 396, A.L. 2008 S.B. 930 & 947)

CROSS REFERENCE:

Aviation trust fund, created, RSMo 155.090