DRAFT CSC, Title 29.  Tax & Revenue
 
CHAPTER 7
Departure Fee

1301.  Definitions.
1302.  Imposition of fee.
1303.  Collection.
1304.  Receipts.
1305.  Exemption.
1306.  Passenger's duty.
1307.  Regulations.
1308.  Criminal penalties.
1309.  Refunds.
1310.  Depository of fees.

      1301.  Definitions.
     As used in this Act Chapter, unless the context clearly requires otherwise:

     (4) (1)  "Aircraft" includes all self-propelled structures capable of transporting passengers and cargo by air.

     (2)  "Airline" means any aircraft company engaged in transporting passengers or cargo by air for a fee or other valuable consideration, whether such company be a public or private, profit or non-profit, organization or business.

     (5) (3)  "Airport facilities" includes air terminals and accessory buildings or structures.

     (7) (4)  "Diplomat" means a passenger who carries a diplomatic passport.

     (6) (5)  "Director" means the Director of the Department of Treasury; and.

     (3) (6)  "Passenger" means any person who arrives and departs from the Chuuk International Airport, or any other airport within the State of Chuuk on any airlines.

     (1) (7)  "Person" means any individual or incorporated group having certain legal rights and responsibilities.

Source:  CSL 190-13, 1, modified.

Editor's note:  Terms put into alphabetical order and renumbered.

      1302.  Imposition of fee.
     There is hereby levied or imposed, in addition to all other fees of every kind, a departure fee of 15 fifteen dollars (U.S. $15.00) per passenger upon his or her departure from Chuuk State to any destination outside of Chuuk State.

Source:  CSL 190-13, 2, as amended by CSL 5-99-18, 1 (2)(part), CSL 5-00-30, 1 (2)(part), and CSL 6-01-04, 1 (2)(part).

Editor's note:  The first sentence of Section 2 of CSL 190-13, as last amended by Section 1 of CSL 6-01-04, is codified in this section.  The second sentence of Section 2 of CSL 190-13, as last amended by Section 1 of CSL 6-01-04, is codified in Subsection (2) of Section 1310 of this Chapter.

      1303.  Collection.
     The Department of Treasury shall collect the fee levied under Section 1302 of this Act Chapter from every passenger upon his departure from the Chuuk International Airport, or any other airport within the State of Chuuk, on any airline, in such a manners as prescribed by the Director of  Treasury.

Source:  CSL 190-13, 3.

      1304.  Receipts.
     The Director of Treasury or his designated representative shall provide and keep all receipts for every payment made pursuant to Section 1303 of this Act Chapter.

Source:  CSL 190-13, 4.

      1305.  Exemption.
     Except as provided by the provisions of this Act Chapter, the following passengers shall be exempted from the departure fee as provided by Section 1302 of this Act Chapter:

     (1)  Diplomats exempted from payment of similar departure fees by international laws;

     (2)  Transit passengers who arrive and depart Chuuk International Airport, or any other airport within the state of Chuuk using the same boarding pass;

     (3)  Emergency medical referrals or evacuations as certified by a licensed medical practitioner from Chuuk Hospital; and

     (4)  Children under the age of two traveling in the company of an adult.

Source:  CSL 190-13, 5, modified.

      1306.  Passenger's duty.
     It shall be the duty of the passenger to pay the departure fee to a designated representative of the Department of Treasury as a requisite to clearing security prior to boarding an aircraft.  The Director shall make all diligent efforts to collect such fee, provided that such payment due on the fees shall be recoverable at law by the Department of the Treasury in the same manner as other debts.

Source:  CSL 190-13, 6.

      1307.  Regulations.
     The Director of the Treasury, subject to the approval of the Governor, shall promulgate reasonable regulations for the implementation and enforcement of this Act Chapter and for situations not specifically provided for in this Act Chapter, including accountability for payments and receipts of the fee.  The regulations shall have the force and effect of law, so long as they are not in conflict with provisions of this Act Chapter or laws of the State of Chuuk.

Source:  CSL 190-13, 7, modified.

      1308.  Criminal penalties.
     Any person who violates any provision of this Act Chapter or any regulation duly issued and promulgated pursuant to the provisions of this Act Chapter shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not more than $100.00, or imprisoned for not more than six months, or both.

Source:  CSL 190-13, 8, modified.

      1309.  Refunds.
     Except in an emergency situation, a passenger with a boarding pass who no longer does not depart the Chuuk International Airport, or any other airport within the State of Chuuk, shall be entitled to a refund of his paid departure fee within 24 hours only.

Source:  CSL 190-13, 9, modified.

      1310.  Depository of fees.
 
     (1)  All fees levied, assessed and collected pursuant to this Act Chapter shall be paid to and deposited in an interest bearing account within the General Fund of the State.

     (2)    Fifty percent of all fees collected pursuant to this Chapter act shall be earmarked exclusively for maintenance, renovations, and expansion of the airport terminal and other most relevant expenditures of the Chuuk International Airport, and the remaining 50 fifty percent shall be used for the operation cost of the Chuuk State Government.

Source:  CSL 190-13, 2, as amended by CSL 5-99-18, 1 (2)(part), CSL 5-00-30, 1 (2)(part), and CSL 6-01-04, 1 (2)(part), modified.

Editor's note:  The second sentence of Section 2 of CSL 190-13, as last amended by Section 1 of CSL 6-01-04, is codified in Subsection (2) of this section.  The first sentence of Section 2 of CSL 190-13, as last amended by Section 1 of CSL 6-01-04, is codified in Section 1302 of this Chapter.