Bill Text: IN HB1319 | 2010 | Regular Session | Introduced
Bill Title: Airport development by INDOT.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-01-13 - First reading: referred to Committee on Roads and Transportation [HB1319 Detail]
Download: Indiana-2010-HB1319-Introduced.html
Citations Affected: IC 8-21; IC 9-21-2-5.
Synopsis: Airport development by INDOT. Requires the Indiana
department of transportation to: (1) designate, establish, and maintain
access points to and from airports, landing fields, and other navigation
facilities; (2) annually revise and publish the state airport system plan
and the state airways system plan; (3) publish an electronic guide and
adopt rules to assist airports, aviation boards, and municipalities in
developing local airports; and (4) include minimum standards for
airport signage in the Indiana manual on Uniform Traffic Control
Devices for Streets and Highways.
Effective: July 1, 2010.
January 13, 2010, read first time and referred to Committee on Roads and Transportation.
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or
A BILL FOR AN ACT to amend the Indiana Code concerning
transportation.
(1) encourage, foster, and assist in the development of aeronautics in this state;
(2) encourage the establishment of airports, landing fields, and other navigation facilities;
(3) designate, establish, and maintain access points to and from airports, landing fields, and other navigation facilities, including focusing on preventive maintenance and rehabilitation projects.
(b) The department shall cooperate with and assist the federal government, the political subdivisions of this state, and others engaged in aeronautics or the advancement of aeronautics and shall seek to coordinate the aeronautical activities of these bodies.
(c) All rules prescribed by the department concerning aeronautics shall be kept in conformity with, and limited to as nearly as may be, the then current federal legislation governing aeronautics and the
regulations duly promulgated thereunder.
(d) The department shall develop and continuously annually update
a proposed state airports system plan which will best serve the interests
of the state and its political subdivisions. Such state airports system
plan shall be coordinated with the national airport plan prepared by the
federal agency fostering civil aviation.
(e) The department may shall publish and revise from time to time
annually a state airways system plan, and maps, directories, or other
materials deemed necessary may be sold by the department at a price
which shall be fixed by the department. All money accruing from the
sale of any such publication:
(1) shall be paid into the state treasury;
(2) shall be credited to the department; and
(3) is hereby appropriated to such department to be used for
future publications by the department, without reversion to the
general fund of the state at the end of any fiscal year. However,
any time the balance in said fund exceeds ten thousand dollars
($10,000), such excess shall revert to the general fund of the state.
(f) The department may offer the engineering or other technical
advice of the department, without charge, to any municipality or person
desiring them in connection with the construction, maintenance, or
operation or proposed construction, maintenance, or operation of an
airport or landing field.
(g) The department may recommend necessary legislation to
advance the interests of the state in aeronautics and represent the state
in aeronautical matters before federal agencies and other state agencies.
(h) The department shall have the power to approve or disapprove
all purchases made by any municipality of any land to be used by said
municipality for the establishment of any airport or landing field, and
the establishment by any municipality of any airport or landing field.
(i) The department may participate as party plaintiff or defendant,
or as intervener on behalf of the state or any municipality or citizen
thereof in any controversy having to do with any claimed encroachment
by the federal government or any foreign state upon any state or
individual rights pertaining to aeronautics.
(j) Municipalities are authorized to cooperate with the department
in the development of aeronautics and aeronautical facilities and
services of other agencies of the state to the utmost extent possible, and
such agencies are authorized and directed to make available such
facilities and services.
(k) The department, or any employee designated by it, shall have the
power to hold investigations, and hearings concerning matters covered
by this chapter and orders and rules of the department, in accordance
with IC 4-21.5. All hearings so conducted shall be open to the public.
The reports of investigations or hearings, or any part thereof, shall not
be admitted in evidence or used for any purpose in any suit, action, or
proceeding, growing out of any matter referred to in said investigation,
hearing, or report thereof, except in case of criminal or other
proceedings instituted in behalf of the department or this state under
the provisions of this chapter and other laws of this state.
(l) The department may render advice in the acquisition,
development, operation, or maintenance of airports owned, controlled,
or operated, or to be owned, controlled, or operated, by municipalities
in this state.
(m) The department may not grant any exclusive right for the use of
any airway, airport, landing field, or other air navigation facility under
its jurisdiction. This subsection shall not prevent the making of leases
in accordance with other provisions of this chapter.
(n) Gifts or grants of money for aeronautical purposes may be
received by the state and shall be deposited in an aviation fund.
Disbursal of such funds shall be for aeronautical purposes only or for
the purpose for which they were given or granted. Gifts or grants of
property for aeronautical purposes may be received by the state and
shall be used for the purpose given or granted. Gifts or grants of money
or property for aeronautical purposes must be administered in the same
manner as other gifts and grants received by the state are administered.
(o) The department may adopt rules under IC 4-22-2 and subject to
IC 8-9.5-2.6(7) for the control of aircraft accident sites in Indiana. Until
representatives of appropriate federal agencies arrive on the site of an
aircraft accident, state and local law enforcement agencies and accident
investigation agencies shall comply with any rules adopted by the
department under this section.
(p) The department may, with written approval of the budget
agency, purchase and operate aircraft forfeited under IC 34-24-1 (or
IC 34-4-30.1 before its repeal). When the department acquires an
aircraft, it shall pay all proper expenses of the proceedings for
forfeiture and sale, including expenses of seizure, maintenance of
custody, and advertising and court costs.
(q) The department shall publish an electronic guide to assist
airports, boards (as defined in IC 8-22-1-5), and municipalities in
doing the following:
(1) Developing strategies to design programs that qualify for
entitlement funding through the federal airport improvement
program (AIP).
(2) Increasing the ranking or score of airports on the AIP
national prioritization formula.
(3) Developing projects and programs that benefit the
national airspace system in order to procure AIP
discretionary funds.
The department shall review and update the guide published under
this subsection at least annually.
(1) State grants to airports from the grant fund to match federal Aviation Trust Fund grants.
(2) State grants to airports from the grant fund for airport development projects for which federal grants are not available.
(3) Loans to airports from the loan fund for airport development projects.
(4) Improvement and enhancement of ground access to airports, including doing the following:
(A) Improving roadway signage.
(B) Decreasing ground access congestion.
(C) Planning for multimodal ground access.
(b) The rules must establish the following for both grants and loans:
(1) Standards of eligibility.
(2) The maximum amount of money for which any one (1) airport or airport development project is eligible.
(3) Application procedures.
(4) The local matching funds that are required.
(5) Other provisions to administer the grant and loan programs.
