SECOND REGULAR SESSION
SENATE BILL NO. 968
91ST GENERAL ASSEMBLY
INTRODUCED BY SENATORS WESTFALL AND CHILDERS.
Read 1st time January 17, 2002, and 1,000 copies ordered printed.
TERRY L. SPIELER, Secretary.
4091S.01I
AN ACT
To repeal sections 144.805, 155.080 and 305.230, RSMo, relating to aviation improvement, and to enact in lieu thereof three new sections relating to the same subject.
Section A. Sections 144.805, 155.080 and 305.230, RSMo, are repealed and three new sections enacted in lieu thereof, to be known as sections 144.805, 155.080 and 305.230, to read as follows:
144.805. 1. In addition to the exemptions granted pursuant to the provisions of section 144.030, there shall also be specifically exempted from the provisions of sections 144.010 to 144.525, sections 144.600 to 144.748, and section 238.235, RSMo, and the provisions of any local sales tax law, as defined in section 32.085, RSMo, and from the computation of the tax levied, assessed or payable pursuant to sections 144.010 to 144.525, sections 144.600 to 144.748, and section 238.235, RSMo, and the provisions of any local sales tax law, as defined in section 32.085, RSMo, all sales of aviation jet fuel in a given calendar year to common carriers engaged in the interstate air transportation of passengers and cargo, and the storage, use and consumption of such aviation jet fuel by such common carriers, if such common carrier has first paid to the state of Missouri, in accordance with the provisions of this chapter, state sales and use taxes pursuant to the foregoing provisions and applicable to the purchase, storage, use or consumption of such aviation jet fuel in a maximum and aggregate amount of one million five hundred thousand dollars of state sales and use taxes in such calendar year.
2. To qualify for the exemption prescribed in subsection 1 of this section, the common carrier shall furnish to the seller a certificate in writing to the effect that an exemption pursuant to this section is applicable to the aviation jet fuel so purchased, stored, used and consumed. The director of revenue shall permit any such common carrier to enter into a direct-pay agreement with the department of revenue, pursuant to which such common carrier may pay directly to the department of revenue any applicable sales and use taxes on such aviation jet fuel up to the maximum aggregate amount of one million five hundred thousand dollars in each calendar year. The director of revenue shall adopt appropriate rules and regulations to implement the provisions of this section, and to permit appropriate claims for refunds of any excess sales and use taxes collected in calendar year 1993 or any subsequent year with respect to any such common carrier and aviation jet fuel.
3. The provisions of this section shall apply to all purchases and deliveries of aviation jet fuel from and after May 10, 1993.
4. [Effective September 1, 1998, all sales and use tax revenues upon aviation jet fuel received pursuant to this chapter, less the amounts specifically designated pursuant to the constitution or pursuant to section 144.701, for other purposes, shall be deposited to the credit of the aviation trust fund established pursuant to section 305.230, RSMo; provided however, the amount of such state sales and use tax revenues deposited to the credit of such aviation trust fund shall not exceed five million dollars in each calendar year.
5.] The provisions of this section and section 144.807 shall expire on December 31, 2003.
155.080. 1. There is hereby imposed a use tax on each gallon of aviation fuel used in propelling aircraft with reciprocating engines. The tax is imposed at the rate of nine cents per gallon. Such tax is to be collected and remitted to this state or paid to this state in the same manner and method and at the same time as is prescribed by chapter 142, RSMo, for the collection of the motor fuel tax imposed on each gallon of motor fuel used in propelling motor vehicles upon the public highways of Missouri.
2. All applicable provisions contained in chapter 142, RSMo, governing administration, collection and enforcement of the state motor fuel tax shall apply to this section, including but not limited to reporting, penalties and interest.
3. Each commercial agricultural aircraft operator may apply for a refund of the tax it has paid for aviation fuel used in a commercial agricultural aircraft. All such applications for refunds shall be made in accordance with the procedures specified in chapter 142, RSMo, for refunds of motor fuel taxes paid. If any person who is eligible to receive a refund of aviation fuel tax fails to apply for a refund as provided in chapter 142, RSMo, [he makes a gift of his refund to the aviation trust fund] the refund amount shall be deposited to the credit of the aviation trust fund pursuant to section 305.230, RSMo.
4. All sales and use tax revenues upon aviation jet fuel received pursuant to chapter 144, RSMo, except those amounts specifically designated pursuant to section 144.701, RSMo, shall be deposited to the credit of the aviation trust fund established pursuant to section 305.230, RSMo.
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. In making grants, the commission shall consider whether the local community has given financial support to the airport in the past. Priority shall be given to airports with local funding for the past five years with no reduction in such funding. 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] ninety percent [state/twenty] state/ten 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;
(3) As total funds with no local match, up to five hundred thousand dollars per year may be used for the cost of operating existing air traffic control towers that do not receive funding from the Federal Aviation Administration or the United States Department of Defense, except no more than one hundred twenty-five thousand dollars per year may be used for any individual control tower.
5. In the event of a natural or manmade disaster which closes any runway or renders inoperative any electronic or visual landing aid at 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] commission. For projects designated as emergencies by the [Missouri department of transportation] commission, all requirements relating to normal procurement of engineering and construction 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.