Colorado § 43-10-109 Aviation fund created

Colorado Statutes

§ 43-10-109 — Aviation fund created

Colorado § 43-10-109

Title 43Transportation

Art.Aeronautics Division

This text of Colorado § 43-10-109 (Aviation fund created) is published on Counsel Stack Legal Research, covering Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Colo. Rev. Stat. § 43-10-109 (2026).

Text

(1)There is hereby created in the state treasury a fund to be known as the aviation fund, which consists of all revenues credited thereto pursuant to section 39-27-112 (2)(b) and all revenues credited thereto in accordance with subsection (2) of this section within the total revenues prescribed by the general assembly pursuant to section 43-1-112.5. All interest derived from the deposit and investment of money in the fund must be credited to the fund. At the end of any fiscal year, all unexpended and unencumbered money in the fund must remain therein and must not be credited or transferred to the general fund or any other fund, except as directed by the general assembly acting by bill and subject to section 18 of article X of the Colorado constitution.

(2)(a) (I) In accordance

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(1) There is hereby created in the state
treasury a fund to be known as the aviation fund, which consists of all revenues
credited thereto pursuant to section 39-27-112 (2)(b) and all revenues credited
thereto in accordance with subsection (2) of this section within the total revenues
prescribed by the general assembly pursuant to section 43-1-112.5. All interest
derived from the deposit and investment of money in the fund must be credited to
the fund. At the end of any fiscal year, all unexpended and unencumbered money in
the fund must remain therein and must not be credited or transferred to the general
fund or any other fund, except as directed by the general assembly acting by bill
and subject to section 18 of article X of the Colorado constitution.

(2) (a) (I) In accordance with section 18 of article X of the Colorado
constitution, for the 1991-92 fiscal year, and each fiscal year thereafter, one
hundred percent of the sales and use taxes collected during that fiscal year by the
state pursuant to sections 39-26-104 and 39-26-202 on aviation fuels used in
turbo-propeller or jet engine aircraft shall be credited to the fund.

(II) If a temporary reduction of the state sales and use tax rates pursuant to
section 39-26-901 is in effect, the state treasurer shall credit additional sales and
use taxes collected on other property and services to the fund so that the fund
receives an amount equal to the amount that it would have received if the sales and
use tax rates had not been temporarily reduced for that fiscal year.

(b) Such credit shall be made by the state treasurer as soon as possible after
the twentieth day of the month following the collection of such sales and use taxes.

(c) It is not the intent of the general assembly that the moneys available for
expenditure pursuant to the provisions of this subsection (2) be used to supplant
any federal moneys which may be available to airports, governmental entities
operating FAA-designated public-use airports, or the division pursuant to federal
law.

(3) The money in the fund is hereby continuously appropriated to the division
for the purposes authorized by law. In each fiscal year, the transportation
commission shall budget and allocate an amount not to exceed five percent of the
total amount of revenues credited to the fund pursuant to section 39-27-112 (2)(b)
and subsection (2) of this section during the preceding fiscal year to be used to
defray any administrative costs incurred by the division and the board in
implementing and administering this article 10. The board shall recommend to the
commission an amount to be allocated by the commission for administrative costs.
The general assembly shall appropriate from the fund an amount to the department
of revenue for the reasonable expenses incurred in administering section 39-26-715 (1)(a)(I) and (2)(a) and as provided in section 39-27-112 (2)(b).

(4) Repealed.

Legislative History

Source: L. 91: Entire article added, p. 1050, � 3, effective July 1; entire section amended, p. 2395, � 18, effective July 1. L. 91, 1st Ex. Sess.: Entire section amended, p. 4, � 6, effective July 1. L. 93: (1) and (3) amended, p. 1514, � 17, effective June 6. L. 97: (1) and (3) amended, p. 786, � 6, effective May 8. L. 2000: (3) amended, p. 673, � 3, effective May 22. L. 2003: (3) amended and (4) added, p. 2605, � 1, effective July 1. L. 2004: (3) amended, p. 1047, � 22, effective July 1. L. 2006: (3) amended, p. 541, � 3, effective July 1. L. 2009: (2)(c), (4)(a)(I), and (4)(a)(II) amended, (HB 09-1066), ch. 82, p. 302, � 4, effective August 5. L. 2017: (4) repealed, (SB 17-231), ch. 174, p. 635, � 8, effective August 9. L. 2019: (1) and (3) amended, (HB 19-1209), ch. 91, p. 337, � 3, effective August 2. L. 2024: (2)(a) amended, (SB 24-228), ch. 170, p. 905, � 16, effective May 14. L. 2025: (1) amended, (SB 25-275), ch. 377, p. 2108, � 332, effective August 6.