10-6-103. Operating aircraft while under influence of alcohol or drug; penalty.
(a) No person may act as a crew member of a civil aircraft within eight (8) hours after the consumption of any alcoholic beverage, or while under the influence of any intoxicating liquor, or while using any drug that affects his faculties in any way contrary to safety.
(b) Any person convicted of violating W.S. 10-6-103(a) shall be punished by a fine not to exceed five hundred dollars ($500.00), by imprisonment not to exceed six (6) months, or both.
Propose a change10-6-104. Penalty for violation of W.S. 10-4-101 through 10-4-303.
A person who violates any provision of W.S. 10-4-101 through 10-4-303 is guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed five hundred dollars ($500.00), by imprisonment for not more than six (6) months, or both.
Propose a change10-7-102. 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.
Propose a change10-7-103. 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) Members 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) Not 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. The commercial air service improvement plan shall include the following:
(i) A summary of the activities of the commission, other state agencies, boards, commissions and councils and local communities related to achieving sustainability in commercial air service for the benefit of citizens, tourists, local communities and the state;
(ii) Recommendations for initiatives 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 communities. To the extent feasible, the recommended strategy shall include a one (1) carrier system offering up to three (3) daily flights 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) Not take any action intended to interfere with existing commercial air services operating out of commercial air service communities in this state;
(ii) Determine the level of financial support required of participating commercial air service communities.
(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. The commission may make reasonable adjustments to the level of financial support determined by the council under paragraph (o)(ii) of this section.
Propose a change10-7-104. Contracts 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 section before it is executed. Beginning September 30, 2019, and by September 30 annually thereafter, the commission shall provide a report on any contracts entered into under this section 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 section, and shall analyze the performance of any recipient of funds under any contract.
Propose a change10-7-105. Wyoming commercial air service improvement account.
There is created the Wyoming commercial air service improvement account. Funds 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.
Propose a change