HB4140 97TH GENERAL ASSEMBLY

LRB097 14995 HEP 60037 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB4140

Introduced 1/30/2012, by Rep. Frank J. Mautino

SYNOPSIS AS INTRODUCED:

30 ILCS 105/5.811 new
620 ILCS 5/40	from Ch. 15 1/2, par. 22.40
620 ILCS 5/42	from Ch. 15 1/2, par. 22.42
620 ILCS 5/78	from Ch. 15 1/2, par. 22.78

Amends the State Finance Act to create the Federal/State/Local Airport Fund. Amends the Illinois Aeronautics Act. Provides that all federal monies accepted for disbursement by the Department of Transportation under certain portions of the Act shall be deposited into the Federal/State/Local Airport Fund (instead of deposited with the State Treasurer as ex-officio custodian). Requires the annual (instead of biennial) registration of certain aircraft and their operators. Replaces the Aeronautics Fund with the Federal/State/Local Airport Fund. Provides that all moneys received by this State or by the Department for and on its behalf, under any of the laws of this State pertaining to aeronautics, including all moneys obtained for certificates, permits or licenses, shall be deposited in the Federal/State/Local Airport Fund. Provides that notwithstanding any other provision of law, in addition to any other transfers that may be provided by law, on July 1, 2012, or as soon thereafter as practical, the State Comptroller shall direct and the State Treasurer shall transfer the remaining balances from the Aeronautics Fund and the Federal/Local Airport Fund into the Federal/State/Local Airport Fund. Provides that upon completion of the transfers, the Aeronautics Fund and the Federal/Local Airport Funds are dissolved and any future deposits due to either fund and any outstanding obligations or liabilities of those Funds pass to the Federal/State/Local Airport Fund. Provides that on July 1, 2012, or as soon thereafter as practical, the State Comptroller shall order and the State Treasurer shall transfer $6,300,000 from the Road Fund to the Federal/State/Local Airport Fund. Effective immediately.

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 5.811 as follows:

(30 ILCS 105/5.811 new)

Sec. 5.811. The Federal/State/Local Airport Fund.

Section 10. The Illinois Aeronautics Act is amended by changing Sections 40, 42, and 78 as follows:

(620 ILCS 5/40) (from Ch. 15 1/2, par. 22.40)

Sec. 40. Disposition of federal funds. All monies accepted for disbursement by the Department pursuant to Section 38 shall be deposited into the Federal/State/Local Airport Fund with the State Treasurer as ex-officio custodian and shall be disbursed upon a voucher or order of Secretary of Transportation and paid by a warrant drawn by the State Comptroller and countersigned by the State Treasurer. All such monies are to be expended in accordance with Federal laws and rules and regulations thereunder and with this Act. The Department is authorized, whether acting for this State or as the agent of any of its municipalities or other political subdivision, or when requested by the United States Government or any agency or department thereof, subject to section 41, disburse such monies for the designated purposes, but this shall not preclude any other authorized method of disbursement.

(Source: P.A. 81-840.)

(620 ILCS 5/42) (from Ch. 15 1/2, par. 22.42)

Sec. 42. Regulation of aircraft, airmen, and airports.

(a) The general public interest and safety, the safety of persons operating, using, or traveling in, aircraft, and of persons and property on the ground, and the interest of aeronautical progress require that aircraft operated within this State should be airworthy, that airmen should be properly qualified, and that air navigation facilities should be suitable for the purposes for which they are designed. The purposes of this Act require that the Department should be enabled to exercise the powers of regulation and supervision herein granted. The advantage of uniform regulation makes it desirable that aircraft operated within this State should conform with respect to design, construction, and airworthiness to the standards prescribed by the United States Government with respect to civil aircraft subject to its jurisdiction and that persons engaging in aeronautics within this State should have the qualifications necessary for obtaining and holding appropriate airman certificates of the United States. It is desirable and right that all applicable fees and taxes shall be paid with respect to aircraft operated within this State.

(b) In light of the findings in subsection (a), the Department is authorized:

(1) To require the annual registration , every 2 years, of federal licenses, certificates or permits of civil aircraft engaged in air navigation within this State, and of airmen engaged in aeronautics within this State, and to issue certificates of such registration. These certificates of registration constitute the authorization of such aircraft and airmen for operations within this State to the extent permitted by the federal licenses, certificates or permits so registered. It shall charge a fee, payable annually, every 2 years, for the registration of each federal license, certificate or permit of $10 for each airman's certificate and $20 for each aircraft certificate. It may accept as evidence of the holding of a federal license, certificate or permit the verified application of the airman or the owner of the aircraft, which application shall contain such information as the Department may by rule, ruling, regulation, order or decision prescribe. The Department's authority to register aircraft or to issue certificates of registration is limited as follows:

(i) Except as to any aircraft vehicle purchased before March 8, 1963, the Department, in the case of the first registration of any aircraft vehicle for any given owner on or after March 8, 1963, may not issue a certificate of registration with respect to any aircraft vehicle until after the Department has been satisfied that no tax under the Use Tax Act, the Aircraft Use Tax Law, the Municipal Use Tax Act, or the Home Rule County Use Tax Law is owing by reason of the use of the vehicle in Illinois or that any tax so imposed has been paid. A receipt issued under those Acts by the Department of Revenue constitutes proof of payment of the tax. For the purpose of this paragraph, "aircraft vehicle" means a single aircraft.

(ii) If the proof of payment of the tax or of nonliability therefor is, after the issuance of the certificate of registration, found to be invalid, the Department shall revoke the certificate and require that the certificate be returned to the Department.

(2) To classify and approve airports and restricted landing areas and any alterations or extensions thereof. Certificates of approval issued pursuant to this paragraph, or pursuant to any prior law, shall be issued in the name of the applicant and shall be transferable upon a change of ownership or control of the airport or restricted landing area only after approval of the Department. No charge or fee shall be made or imposed for any kind of certificate of approval or a transfer thereof.

(3) To revoke, temporarily or permanently, any certificate of registration of an aircraft or airman issued by it, or to refuse to issue any such certificate of registration, when it shall reasonably determine that any aircraft is not airworthy, or that any airman:

(i) is not qualified;

(ii) has willfully violated the laws of this State pertaining to aeronautics or any rules, rulings, regulations, orders, or decisions issued pursuant thereto, or any Federal law or any rule or regulation issued pursuant thereto;

(iii) is addicted to the use of narcotics or other habit forming drug, or to the excessive use of intoxicating liquor;

(iv) has made any false statement in any application for registration of a federal license, certificate or permit; or

(v) has been guilty of other conduct, acts, or practices dangerous to the public safety or the safety of those engaged in aeronautics.

(c) The Department may refuse to issue or may suspend the certificate of any person who fails to file a return, or to pay the tax, penalty or interest shown in a filed return, or to pay any final assessment of tax, penalty or interest, as required by any tax Act administered by the Illinois Department of Revenue, until such time as the requirements of any such tax Act are satisfied.

(Source: P.A. 92-341, eff. 8-10-01; 93-24, eff. 6-20-03.)

(620 ILCS 5/78) (from Ch. 15 1/2, par. 22.78)

Sec. 78. Federal/State/Local Airport Fund. Aeronautics fund.

(a) All moneys hereafter received by this State, or by the Department for and on its behalf, under any of the laws of this State pertaining to aeronautics, including, without limiting the generality of the foregoing, all moneys obtained for certificates, permits or licenses, including except those funds which are accepted by the Department held by the State Treasurer as ex-officio custodian under the provisions of Section 40, shall be deposited in the State treasury and set apart as a special fund to be known as the Federal/State/Local Airport Aeronautics Fund. The Federal/State/Local Airport Aeronautics Fund shall be used, subject to appropriations made from time to time, only for such purposes as may be specified under the laws, if any, of the United States, heretofore or hereafter enacted or amended, providing for federal aid in the establishment of public airports, and otherwise only for the regulation and supervision of aeronautics in this State, and the administration and enforcement of the laws of this State pertaining to aeronautics.

(b) Notwithstanding any other provision of law, in addition to any other transfers that may be provided by law, on July 1, 2012, or as soon thereafter as practical, the State Comptroller shall direct and the State Treasurer shall transfer the remaining balances from the Aeronautics Fund and the Federal/Local Airport Fund into the Federal/State/Local Airport Fund. Upon completion of the transfers, the Aeronautics Fund and the Federal/Local Airport Funds are dissolved and any future deposits due to either fund and any outstanding obligations or liabilities of those Funds pass to the Federal/State/Local Airport Fund.

(c) On July 1, 2012, or as soon thereafter as practical, the State Comptroller shall order and the State Treasurer shall transfer $6,300,000 from the Road Fund to the Federal/State/Local Airport Fund.

(Source: Laws 1957, p. 2331.)

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