Full Text of SB1764 102nd General Assembly
SB1764 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 SB1764 Introduced 2/26/2021, by Sen. Christopher Belt SYNOPSIS AS INTRODUCED: |
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620 ILCS 5/34 | from Ch. 15 1/2, par. 22.34 |
620 ILCS 5/38.01 | from Ch. 15 1/2, par. 22.38a |
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Amends the Illinois Aeronautics Act. Provides that the Division of Aeronautics of the Department of Transportation shall not render financial assistance in connection with
the planning, construction, reconstruction, extension, development or
improvement of
hangars or other airport buildings, or in connection with the subsequent
operation or maintenance of such air navigation facilities unless such facilities are for public use and of public benefit. Provides that nothing in a provision concerning project applications shall be construed to prohibit any municipality or any political subdivision owning or operating a commercial service airport serving at least 10,000 annual enplanements from accepting, receiving, or dispersing funds directly from the federal government. Provides that any municipality or political subdivision may submit a project application under the Airport and Airway Improvement Act of 1982 or any other federal law providing for airport planning or development, if the application is submitted in connection with an airport serving at least 10,000 annual enplanements. Provides that any federal money awarded to airports in the State under the Airport and Airway Improvement Act of 1982 that include project applications approved by the Department also shall include a State match to the local share of the application for all costs eligible under the Airport and Airway Improvement Act of 1982. Makes other changes.
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| 1 | | AN ACT concerning transportation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Act 5. The Illinois Aeronautics Act is amended by changing | 5 | | Acts 34 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 | 8 | | others. The Department, subject to the provisions of Section | 9 | | 41 of this Act,
may render financial assistance in the | 10 | | planning, construction, reconstruction,
extension, | 11 | | development, and improvement of air navigation facilities
| 12 | | including acquisition of land, rights in land, easements | 13 | | including
avigation easements necessary for clear zones or | 14 | | clear areas, costs of
obstruction removal and airport approach | 15 | | aids owned, controlled, or
operated, or to be owned, | 16 | | controlled, or operated by municipalities,
other political | 17 | | subdivisions of this State, or privately owned commercially
| 18 | | operated airports in Illinois, out of appropriations made by
| 19 | | the General Assembly for any such purpose.
The
Department | 20 | | shall not render such financial assistance in connection with
| 21 | | the planning, construction, reconstruction, extension, | 22 | | development or
improvement of
hangars or other airport | 23 | | buildings, or in connection with the subsequent
operation or |
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| 1 | | maintenance of such air navigation facilities unless such | 2 | | facilities are for public use and of public benefit . The | 3 | | municipality, other political subdivision, or
privately owned | 4 | | commercially operated airports in Illinois,
to which such | 5 | | financial assistance is being extended by the Department,
| 6 | | before such financial assistance is given, shall satisfy the | 7 | | Department
that (a) such air navigation facility will be owned | 8 | | or effectively
controlled, operated, repaired and maintained | 9 | | adequately during its full
useful life, for the benefit of the | 10 | | public, and (b) in connection with
the operation of such air | 11 | | navigation facility, during its full useful
life, the public | 12 | | will not be deprived of its rightful, fair, equal and
uniform | 13 | | use thereof. The owners and operators of an airport receiving
| 14 | | financial assistance under
this Act must adequately control, | 15 | | operate, repair, and maintain the airport
during its full | 16 | | useful life for the benefit of the public. The owners and
| 17 | | operators of an airport receiving financial assistance must | 18 | | ensure that the
public will not be deprived of its rightful, | 19 | | fair, equal, and uniform use of
the airport during its full | 20 | | useful life. For the purposes of this paragraph,
the full | 21 | | useful life of an airport is not less than 20 years after the
| 22 | | financial assistance is received by the owners and operators | 23 | | of the airport.
Nothing in this Section, however,
imposes any | 24 | | obligation
that is inconsistent with any judgment, order, | 25 | | injunction, or decree
of any court that
was rendered before | 26 | | the effective date of this amendatory Act of the 92nd
General |
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| 1 | | Assembly.
| 2 | | Any commercial airport, in order to qualify under the | 3 | | provisions of this
Section must be included in the State | 4 | | Airport Plan as prepared or revised
from time to time by the | 5 | | Illinois Department of Transportation. In the
case of | 6 | | commercial public use airports which are not publicly owned | 7 | | airports,
no such development or planning may be proposed | 8 | | except in connection with
reliever airports included in the | 9 | | current National Airport System Plan.
| 10 | | Improvements to privately owned commercial airports | 11 | | qualifying under this
Section shall be contracted for and | 12 | | constructed or developed under the
supervision
or direction of | 13 | | the Department or such other Department, agency, officer
or | 14 | | employee of this State as the Department may designate.
| 15 | | If a privately owned commercially operated airport | 16 | | receives assistance
under this Section and ceases operations | 17 | | before the predetermined life of
the improvements made with | 18 | | such assistance, the State shall be reimbursed for
the unused
| 19 | | portion of such predetermined life and such claim shall be a | 20 | | lien on the
airport property.
| 21 | | (Source: P.A. 92-341, eff. 8-10-01.)
| 22 | | (620 ILCS 5/38.01) (from Ch. 15 1/2, par. 22.38a)
| 23 | | Sec. 38.01. Project applications.
| 24 | | (a) No municipality or political subdivision in this State | 25 | | state , whether
acting alone or jointly with another |
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| 1 | | municipality or political subdivision
or with the State state , | 2 | | shall submit any project application under the provisions of
| 3 | | the Airport and Airway Improvement Act of
1982, or any | 4 | | amendment
thereof, unless the project and the project | 5 | | application have been first
reviewed approved by the | 6 | | Department. Except as provided in subAct (b) or (c), no No such | 7 | | municipality or political subdivision
shall directly accept, | 8 | | receive, or disburse any funds granted
by the United States | 9 | | under the Airport and Airway Improvement Act of 1982,
but it | 10 | | shall designate the Department as its agent to accept,
| 11 | | receive, and disburse such funds, provided, however, nothing
| 12 | | in this Section shall be construed to prohibit : | 13 | | (1) Any any municipality or any
political subdivision | 14 | | of more than 500,000 inhabitants from disbursing
such | 15 | | funds through its corporate authorities. | 16 | | (2) Any municipality or any political subdivision | 17 | | owning or operating a commercial service airport serving | 18 | | at least 10,000 annual enplanements from accepting, | 19 | | receiving, or dispersing funds directly from the federal | 20 | | government. | 21 | | It shall enter into an
agreement with the Department | 22 | | prescribing the terms and conditions of
such agency in | 23 | | accordance with federal laws, rules and regulations and
| 24 | | applicable laws of this state.
This
subsection (a) does not | 25 | | apply to any project application submitted in
connection with | 26 | | the O'Hare
Modernization Program as defined in Section 10 of |
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| 1 | | the O'Hare Modernization Act , O'Hare International Airport, | 2 | | Midway International Airport, or airports with commercial | 3 | | airline service serving at least 10,000 enplanements annually .
| 4 | | (b) The City of Chicago may submit a project
application
| 5 | | under the provisions of the Airport and Airway Improvement Act | 6 | | of 1982,
as now or hereafter amended, or any other federal law | 7 | | providing for airport
planning or
development, if the | 8 | | application
is submitted in connection with the O'Hare | 9 | | Modernization Program as defined in
Section 10 of
the O'Hare | 10 | | Modernization Act, O'Hare International Airport, or Midway | 11 | | International Airport, and the City may directly accept,
| 12 | | receive, and
disburse any such funds.
| 13 | | (c) Any municipality or political subdivision may submit a | 14 | | project application under the Airport and Airway Improvement | 15 | | Act of 1982 or any other federal law providing for airport | 16 | | planning or development, if the application is submitted in | 17 | | connection with an airport serving at least 10,000 annual | 18 | | enplanements. | 19 | | (d) Any federal money awarded to airports in the State | 20 | | under the Airport and Airway Improvement Act of 1982 that | 21 | | include project applications approved by the Department also | 22 | | shall include a State match to the local share of the | 23 | | application for all costs eligible under the Airport and | 24 | | Airway Improvement Act of 1982. | 25 | | (Source: P.A. 92-341, eff. 8-10-01; 93-450, eff. 8-6-03.)
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