Illinois General Assembly - Full Text of SB1232
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Full Text of SB1232  102nd General Assembly

SB1232sam001 102ND GENERAL ASSEMBLY

Sen. Christopher Belt

Filed: 4/22/2021

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1232

2    AMENDMENT NO. ______. Amend Senate Bill 1232 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Aeronautics Act is amended by
5changing Sections 34, 34a, and 38.01 as follows:
 
6    (620 ILCS 5/34)  (from Ch. 15 1/2, par. 22.34)
7    Sec. 34. Financial assistance to municipalities and
8others. The Department, subject to the provisions of Section
941 of this Act, may render financial assistance in the
10planning, construction, reconstruction, extension,
11development, and improvement of air navigation facilities
12including acquisition of land, rights in land, easements
13including avigation easements necessary for clear zones or
14clear areas, costs of obstruction removal and airport approach
15aids owned, controlled, or operated, or to be owned,
16controlled, or operated by municipalities, other political

 

 

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1subdivisions of this State, or privately owned commercially
2operated airports in Illinois, out of appropriations made by
3the General Assembly for any such purpose. The Department
4shall not render such financial assistance in connection with
5the planning, construction, reconstruction, extension,
6development or improvement of hangars or other airport
7buildings, or in connection with the subsequent operation or
8maintenance of such air navigation facilities unless such
9facilities are for public use, publicly owned, and of public
10benefit. As used in this Section, "of public benefit" includes
11aircraft hangars, fixed-based operator buildings, and aircraft
12maintenance buildings at nonprimary airports included within
13the State Airport Plan. The municipality, other political
14subdivision, or privately owned commercially operated airports
15in Illinois, to which such financial assistance is being
16extended by the Department, before such financial assistance
17is given, shall satisfy the Department that (a) such air
18navigation facility will be owned or effectively controlled,
19operated, repaired and maintained adequately during its full
20useful life, for the benefit of the public, and (b) in
21connection with the operation of such air navigation facility,
22during its full useful life, the public will not be deprived of
23its rightful, fair, equal and uniform use thereof. The owners
24and operators of an airport receiving financial assistance
25under this Act must adequately control, operate, repair, and
26maintain the airport during its full useful life for the

 

 

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1benefit of the public. The owners and operators of an airport
2receiving financial assistance must ensure that the public
3will not be deprived of its rightful, fair, equal, and uniform
4use of the airport during its full useful life. For the
5purposes of this paragraph, the full useful life of an airport
6is not less than 20 years after the financial assistance is
7received by the owners and operators of the airport. Nothing
8in this Section, however, imposes any obligation that is
9inconsistent with any judgment, order, injunction, or decree
10of any court that was rendered before the effective date of
11this amendatory Act of the 92nd General Assembly.
12    Any commercial airport, in order to qualify under the
13provisions of this Section must be included in the State
14Airport Plan as prepared or revised from time to time by the
15Illinois Department of Transportation. In the case of
16commercial public use airports which are not publicly owned
17airports, no such development or planning may be proposed
18except in connection with reliever airports included in the
19current National Airport System Plan.
20    Improvements to privately owned commercial airports
21qualifying under this Section shall be contracted for and
22constructed or developed under the supervision or direction of
23the Department or such other Department, agency, officer or
24employee of this State as the Department may designate.
25    If a privately owned commercially operated airport
26receives assistance under this Section and ceases operations

 

 

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1before the predetermined life of the improvements made with
2such assistance, the State shall be reimbursed for the unused
3portion of such predetermined life and such claim shall be a
4lien on the airport property.
5(Source: P.A. 92-341, eff. 8-10-01.)
 
6    (620 ILCS 5/34a)  (from Ch. 15 1/2, par. 22.34a)
7    Sec. 34a. Financial assistance under Section 34 may also
8include reimbursement to eligible airport sponsors for the
9construction or upgrading of Automated Weather Observation
10Systems (AWOS) financed in whole or in part by State monies.
11Costs of constructing or upgrading Automated Weather
12Observation Systems prior to the effective date of this
13amendatory Act of the 98th General Assembly are eligible for
14State reimbursements provided that all required State
15procedures were followed at the time the project was approved
16by the Department. Financial assistance under Section 34 may
17also include reimbursements to eligible airport sponsors for
18land acquisition costs directly related to projects financed
19either in whole or in part by federal and State monies, and for
20engineering and construction costs directly related to
21projects financed in whole or in part by State monies;
22provided, (1) such engineering, construction, or land
23acquisition costs were approved by the Department prior to the
24payment of these costs by the airport sponsor, (2) no State or
25federal monies have previously been expended for such purposes

 

 

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1on such projects, and (3) no State monies shall be expended as
2reimbursement on any project for engineering or land
3acquisition unless construction costs for that project are
4funded by the State. Approval of engineering, construction, or
5land acquisition costs by the Department prior to the payment
6of such costs by an airport sponsor shall qualify those costs
7for State reimbursement but shall not constitute an obligation
8of State funds in consideration of available appropriation and
9eligibility of appropriation. Costs of land acquisition by
10airport sponsors prior to the effective date of this
11amendatory act of 1982 are qualified for State reimbursement
12provided all federal and State procedures were followed at the
13time of acquisition.
14(Source: P.A. 98-215, eff. 8-9-13.)
 
15    (620 ILCS 5/38.01)  (from Ch. 15 1/2, par. 22.38a)
16    Sec. 38.01. Project applications.
17    (a) No municipality or political subdivision in this State
18state, whether acting alone or jointly with another
19municipality or political subdivision or with the State state,
20shall submit any project application under the provisions of
21the Airport and Airway Improvement Act of 1982, or any
22amendment thereof, unless the project and the project
23application have been first approved by the Department. Except
24as provided in subsections (b) or (c) below, no No such
25municipality or political subdivision shall directly accept,

 

 

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1receive, or disburse any funds granted by the United States
2under the Airport and Airway Improvement Act of 1982, but it
3shall designate the Department as its agent to accept,
4receive, and disburse such funds, provided further, however,
5nothing in this Section shall be construed to prohibit the
6following:
7        (1) Any any municipality or any political subdivision
8    of more than 500,000 inhabitants from disbursing such
9    funds through its corporate authorities.
10        (2) Any municipality or any political subdivision
11    owning a primary commercial service airport serving at
12    least 10,000 annual enplanements from accepting,
13    receiving, or disbursing funds directly from the federal
14    government.
15    It shall enter into an agreement with the Department
16prescribing the terms and conditions of such agency in
17accordance with federal laws, rules and regulations and
18applicable laws of this State state. This subsection (a) does
19not apply to any project application submitted in connection
20with the O'Hare Modernization Program as defined in Section 10
21of the O'Hare Modernization Act, with O'Hare International
22Airport, or with Midway International Airport.
23    (b) The City of Chicago may submit a project application
24under the provisions of the Airport and Airway Improvement Act
25of 1982, as now or hereafter amended, or any other federal law
26providing for airport planning or development, if the

 

 

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1application is submitted in connection with (i) the O'Hare
2Modernization Program as defined in Section 10 of the O'Hare
3Modernization Act, (ii) O'Hare International Airport, or (iii)
4Midway International Airport; and the City may directly
5accept, receive, and disburse any such funds.
6    (c) Any federal money awarded to airports in the State
7under the Airport and Airway Improvement Act of 1982, or any
8amendment thereof, that includes project applications approved
9by the Department where the Department is designated the as
10agent to accept, receive, and disburse such funds shall also
11include a State match to the local share of the application for
12all costs eligible under the Airport and Airway Improvement
13Act of 1982, or any amendment thereof, subject to the
14provisions of Section 34 and Section 41 of this Act and
15available eligible appropriation.
16(Source: P.A. 92-341, eff. 8-10-01; 93-450, eff. 8-6-03.)".