HB1397 97TH GENERAL ASSEMBLY

LRB097 10139 HEP 50325 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB1397

Introduced , by Rep. André M. Thapedi - Patrick J. Verschoore - Charles E. Jefferson

SYNOPSIS AS INTRODUCED:

30 ILCS 105/5.786 new
620 ILCS 5/34c new

Amends the State Finance Act and the Illinois Aeronautics Act. Creates the Baggage Fee Sharing Program and the Baggage Fee Sharing Revolving Fund. Provides that the Department of Transportation shall collect a fee equal to 6.25% of all fees charged and collected in this State by persons operating aircraft for hire or reward for simultaneously transporting tangible personal property. Provides for the disposition of the collected fees. Provides limitations and exceptions to the Baggage Fee Sharing Program. Provides that the Department may adopt rules to implement the program. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning transportation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The State Finance Act is amended by adding Section 5.786 as follows:

(30 ILCS 105/5.786 new)

Sec. 5.786. The Baggage Fee Sharing Revolving Fund.

Section 10. The Illinois Aeronautics Act is amended by adding Section 34c as follows:

(620 ILCS 5/34c new)

Sec. 34c. Baggage Fee Sharing Program.

(a) In all air navigation facilities located in this State that are not owned or controlled by the federal government, the Department shall collect a fee from any person operating aircraft for hire or reward in this State who charges and collects a fee in this State, from any person, for that traveling person to simultaneously transport tangible personal property on any civil aircraft operating in the State's airways, subject to the following conditions:

(1) The shared fee to be collected by the Department pursuant to this Section shall be equal to the rate of 6.25% of all fees charged and collected in this State;

(2) All shared fees collected by the Department pursuant to this Section shall be disbursed within 60 days after receipt as follows: 2% to the county that the shared fee was collected for deposit into the General Corporate Fund; 2% to the Department of Transportation of this State for administrative expenses related to the implementation of this Section; 96% to the State Treasurer for deposit into the Baggage Fee Sharing Resolving Fund;

(3) Within 30 days of the deposit of the shared fees into the Baggage Fee Sharing Revolving Fund, the Treasurer shall disburse the shared fees as follows: 40% to the Department; 25% to the Underground Storage Tank Fund; 15% to the Office of Business and Workforce Diversity of the Department of Transportation of this State; 10% to the Division of Highways of the Department of Transportation of this State; 10% to the Division of Public and Intermodal Transportation of the Department of Transportation of this State. The Treasurer shall deposit all investment earnings arising from balances in the Baggage Fee Sharing Revolving Fund into the Fund;

(4) The shared fee to be collected by the Department pursuant to this Section is limited to those fees actually collected in air navigation facilities in this State by operators of aircraft for hire or reward from any person physically present in this State.

(b) Fees charged and collected in this State by air schools, flying clubs, and sport parachutists are exempt from the provisions of this Section.

(c) The Department may promulgate rules that it finds appropriate to implement the Baggage Fee Sharing Program created by this Section.

(d) The Baggage Fee Sharing Revolving Fund is created in the State Treasury. Funds in the Baggage Fee Sharing Revolving Fund shall be distributed in accordance with this Section.

Section 99. Effective date. This Act takes effect upon becoming law.