Illinois General Assembly - Full Text of Public Act 093-0585
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Public Act 093-0585


 

Public Act 93-0585 of the 93rd General Assembly


Public Act 93-0585

SB172 Enrolled                       LRB093 07082 SJM 07234 b

    AN ACT in relation to air transportation.

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

    Section  1.  Short  title.   This Act may be cited as the
I-FLY Act.

    Section 5.  Findings.  The General Assembly  finds  that,
in  order  to  create,  retain,  and  stabilize  reliable air
service  to  commercial  service  airports  outside  of  Cook
County, improve  accessibility  to  business  and  industrial
centers,  augment the State's tourism industry, and encourage
the development of facilities  and  support  initiatives  for
community  growth,  cooperation  between the State, airports,
and communities is essential.  The General  Assembly  further
finds  that  a  State  grant  program  is  the best method to
achieve these ends.

    Section 10.  Definitions.  As used in this Act:
    "Air carrier" means an entity  that  provides  commercial
passenger air transportation.
    "Commission" means the Air Service Commission.

    Section 15.  I-FLY Fund.
    (a)  The  I-FLY  Fund is created as a special fund in the
State treasury. Moneys may be deposited into the  Fund  from:
(1)  appropriations made by the General Assembly and units of
local government to the Fund, (2) federal  moneys  designated
for  the Fund, and (3) any grants or gifts designated for the
Fund.
    (b)  The  moneys  in  the  Fund  shall  be  used  by  the
Commission,   subject   to  appropriation,  for  air  carrier
recruitment and retention program  grants  and  for  planning
grants.

    Section  20. Air Service Commission. There is created the
Air Service Commission. The Commission  shall  consist  of  5
members,  each  of whom has airport management or air carrier
experience, or both. The members shall be  appointed  by  the
Governor, with the advice and consent of the Senate, each one
from  a different geographical region of the State outside of
Cook County. The Governor shall designate one of the  members
as the chairperson.
    Members  shall  serve for a term of 4 years, except that,
for the initial members appointed, one shall serve for a term
of 5 years, one for a term of 4 years, one for a  term  of  3
years,  one  for a term of 2 years, and one for a term of one
year. Initial terms shall commence  on  July  1,  2003.  Each
member  shall  serve  until  a  successor  is  appointed  and
qualified.  Vacancies  shall  be filled in the same manner as
initial appointments. The members shall not receive a  salary
but  shall  be reimbursed for the necessary expenses incurred
in the performance of their duties.
    The  Commission  shall  administer  this   Act   and   is
authorized  to  do  all  things  reasonable  and necessary to
accomplish the goals of the I-FLY Program.

    Section 25.  I-FLY Program.
    (a)  The Commission shall establish  the  I-FLY  Program.
The Program shall consist of the following components:
         (1)  air carrier recruitment and retention grants as
    described in subsection (c); and
         (2)  planning grants under subsection (d).
    The  Commission  may  make  grants under this Act only to
airports that are located completely outside of Cook County.
    (b)  During any one-year period, an airport may receive a
grant  for  only  one  of  the  2  components  specified   in
subsection (a).
    (c)  Air   carrier   recruitment  and  retention  program
grants.
         (1)  An  airport  may   receive   an   air   carrier
    recruitment   and   retention   program  grant  from  the
    Commission only if:
              (A)  it is capable of supporting  takeoffs  and
         landings by aircraft that have at least 19 passenger
         seats  or  have  made improvements or commitments to
         the Commission to provide this capability; and
              (B)  it has a commitment from an air carrier to
         start or continue air service to the community  that
         the  airport  serves   subject  to financial support
         from the State and from the airport or unit of local
         government that the airport serves. The   commitment
         must  specify that the air carrier would not provide
         or continue to provide service to the  community  if
         financial assistance were not available.
         (2)  An  application  for an air carrier recruitment
    and retention program grant must contain commitments from
    the airport or the unit of local government in which  the
    airport  is located as to the amount of the total project
    cost, the contribution from the unit of local  government
    or airport, the method in which the contribution from the
    airport  or  unit  of local government will be generated,
    and the requested State contribution.
         (3)  The  air  carrier  recruitment  and   retention
    program  grant  shall  be used to guarantee the financial
    viability  of  air  carriers  providing  reasonable   air
    service at the airport. A grant under this subsection (c)
    to  a  particular  airport  may  be  in  only  one of the
    following 3 forms:
              (A)  A grant may be used to guarantee  that  an
         air  carrier  shall  receive  an  agreed  amount  of
         revenue per flight.
              (B)  A grant may be used to guarantee a reduced
         or subsidized consumer ticket price.
              (C)  A  grant may be used to guarantee a profit
         goal established by the air carrier and airport.
         (4)  During the first year of  a  grant  under  this
    subsection (c), the grant shall pay 80% of the total cost
    of  the  guarantee  and  the  airport  or  unit  of local
    government in which the airport is located shall pay  20%
    of  the  total  cost  of the guarantee. During the second
    year of a grant under  this  subsection  (c),  the  grant
    shall  pay 50% of the total cost of the guarantee and the
    airport or the unit of  local  government  in  which  the
    airport is located shall pay 50% of the total cost of the
    guarantee.
         (5)  The  total State funding for a grant under this
    subsection (c) to a particular  airport  may  not  exceed
    $1,000,000 in any year.
         (6)  An  airport  that  has  received a 2-year grant
    under this subsection (c) may apply for another grant for
    an additional  2-year  period;  however,  the  Commission
    shall,  in  determining  whether  to  make a grant for an
    additional 2-year period, give priority to other airports
    that have not previously  received  a  grant  under  this
    subsection  (c).  The Commission shall also give priority
    in making grants under this subsection (c) to airports at
    which the Commission determines that a 2-year  grant  may
    result  in the creation of stable and reliable commercial
    air service without an additional grant.
    (d)  Planning  grants.  An  airport  may  apply  for  and
receive a planning grant to conduct  feasibility  studies  or
business  plans designed to study the recruitment, retention,
or expansion of an air carrier at the airport. To be eligible
for a grant under this subsection (d), the airport must  have
the  potential  for  initial  or  expanded air service as the
Commission determines through  its  evaluation  process.  The
grant  shall  pay  70%  of  the total cost of the feasibility
studies or business plans and the  airport  or  the  unit  of
local  government  in  which the airport is located shall pay
30% of the total cost of the feasibility studies or  business
plans. An airport may receive only one planning grant.

    Section  90.   The State Finance Act is amended by adding
Section 5.595 as follows:

    (30 ILCS 105/5.595 new)
    Sec. 5.595.  The I-FLY Fund.

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

Effective Date: 8/22/2003