HB298: Airport fees and charges; limits authority to impose off-site fees.

HOUSE BILL NO. 298
Offered January 11, 2006
Prefiled January 4, 2006
A BILL to amend and reenact § 5.1-44 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 5.1-32.1, relating to airport fees and charges.
Patron-- Jones, S.C.

Referred to Committee on Transportation

Be it enacted by the General Assembly of Virginia:

1.  That § 5.1-44 of the Code of Virginia is amended and reenacted and that the Code of Virginia is amended by adding a section numbered 5.1-32.1 as follows:

§ 5.1-32.1. Limitation on certain fees and charges.

No airport authority established under this title or any other law of the Commonwealth shall impose, charge, or collect from any person or any governmental agency or entity any "off-site fee" or any other fee or charge, however denominated, based upon activities or services performed by the person, agency, or entity on property not owned, leased, or otherwise controlled by the airport authority.

§ 5.1-44. Rules and regulations; fees and charges.

A. The governing body of such city, town or county, or a board, commission, authority or body created under § 5.1-36, may adopt regulations not in conflict with the rules and regulations adopted and promulgated by the Board from time to time and establish fees or other charges for the use of such airport or landing field or may authorize an officer representing such city, town, county, board, commission, authority or body to adopt such regulations and establish such fees and charges.

B. Any fees or other charges imposed by the governing body of any airport facility, whether pursuant to this chapter or pursuant to any other action of the General Assembly, for access to its facilities by businesses providing goods or services to persons using the airport's facilities, where the sale of such goods or services will be delivered or rendered other than on premises owned or controlled by the governing body of such airport facility, shall be:

1. Imposed on a uniform basis as to all such businesses without regard to the type of goods or services provided; and

2. Assessed solely on a per-trip basis by such businesses via a commercial or "courtesy" vehicle owned or leased by such businesses and shall not be imposed upon or with respect to private vehicles of its customers regardless of whether an employee of such business may be present or operating the vehicle.

The provisions of this subsection shall apply only to the Richmond International Airport.