Public Act 102-0313
 
SB1232 EnrolledLRB102 05039 HEP 15058 b


  
    AN ACT concerning transportation.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  


 
    Section 5. The Illinois Aeronautics Act is amended  by 
changing Sections 34, 34a, and 38.01 as follows:
 



    (620 ILCS 5/34)  (from Ch. 15 1/2, par. 22.34)



    Sec. 34. Financial assistance to municipalities and 
others. The Department, subject to the provisions of Section 
41 of this Act,
may render financial assistance in the 
planning, construction, reconstruction,
extension, 
development, and improvement of air navigation facilities

including acquisition of land, rights in land, easements 
including
avigation easements necessary for clear zones or 
clear areas, costs of
obstruction removal and airport approach 
aids owned, controlled, or
operated, or to be owned, 
controlled, or operated by municipalities,
other political 
subdivisions of this State, or privately owned commercially

operated airports in Illinois, out of appropriations made by

the General Assembly for any such purpose.
The
Department 
shall not render such 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, publicly owned, and of public 
benefit. As used in this Section, "of public benefit" includes 
aircraft hangars, fixed-based operator buildings, and aircraft 
maintenance buildings at nonprimary airports included within 
the State Airport Plan.  The municipality, other political 
subdivision, or
privately owned commercially operated airports 
in Illinois,
to which such financial assistance is being 
extended by the Department,
before such financial assistance 
is given, shall satisfy the Department
that (a) such air 
navigation facility will be owned or effectively
controlled, 
operated, repaired and maintained adequately during its full

useful life, for the benefit of the public, and (b) in 
connection with
the operation of such air navigation facility, 
during its full useful
life, the public will not be deprived of 
its rightful, fair, equal and
uniform use thereof.  The owners 
and operators of an airport receiving
financial assistance 
under
this Act must adequately control, operate, repair, and 
maintain the airport
during its full useful life for the 
benefit of the public.  The owners and
operators of an airport 
receiving financial assistance must ensure that the
public 
will not be deprived of its rightful, fair, equal, and uniform 
use of
the airport during its full useful life.  For the 
purposes of this paragraph,
the full useful life of an airport 
is not less than 20 years after the
financial assistance is 
received by the owners and operators of the airport.
Nothing 
in this Section, however,
imposes any obligation
that is 
inconsistent with any judgment, order, injunction, or decree

of any court that
was rendered before the effective date of 
this amendatory Act of the 92nd
General Assembly.

    Any commercial airport, in order to qualify under the 
provisions of this
Section must be included in the State 
Airport Plan as prepared or revised
from time to time by the 
Illinois Department of Transportation.  In the
case of 
commercial public use airports which are not publicly owned 
airports,
no such development or planning may be proposed 
except in connection with
reliever airports included in the 
current National Airport System Plan.

    Improvements to privately owned commercial airports 
qualifying under this
Section shall be contracted for and 
constructed or developed under the
supervision
or direction of 
the Department or such other Department, agency, officer
or 
employee of this State as the Department may designate.

    If a privately owned commercially operated airport 
receives assistance
under this Section and ceases operations 
before the predetermined life of
the improvements made with 
such assistance, the State shall be reimbursed for
the unused

portion of such predetermined life and such claim shall be a 
lien on the
airport property.

(Source: P.A. 92-341, eff. 8-10-01.)

 



    (620 ILCS 5/34a)  (from Ch. 15 1/2, par. 22.34a)



    Sec. 34a. 
Financial assistance under Section 34 may also 
include reimbursement
to eligible airport sponsors for the 
construction or upgrading of Automated Weather Observation 
Systems (AWOS) financed in whole or in part by State monies. 
Costs of constructing or upgrading Automated Weather 
Observation Systems prior to the effective date of this 
amendatory Act of the 98th General Assembly are eligible for 
State reimbursements provided that all required State 
procedures were followed at the time the project was approved 
by the Department. Financial assistance under Section 34 may 
also include reimbursements to eligible airport sponsors for 
land acquisition costs directly related
to projects financed 
either in whole or in part by federal and State monies,
and for 
engineering and construction costs directly related to 
projects financed in whole
or in part by State monies; 
provided, (1) such engineering, construction, or land 
acquisition
costs were approved by the Department prior to the 
payment of these costs
by the airport sponsor, (2) no State or 
federal monies have previously
been expended for such purposes 
on such projects, and (3) no State monies
shall be expended as 
reimbursement on any project for engineering or land

acquisition unless construction costs for that project are 
funded by the
State. Approval of engineering, construction, or 
land acquisition costs by the Department
prior to the payment 
of such costs by
an airport sponsor shall qualify those costs 
for State reimbursement but
shall not constitute an obligation 
of State funds in consideration of available appropriation and 
eligibility of appropriation. Costs of land acquisition
by 
airport sponsors prior to the effective  date of this 
amendatory act
of 1982 are qualified for State reimbursement 
provided all federal and State
procedures were followed at the 
time of acquisition.

(Source: P.A. 98-215, eff. 8-9-13.)

 



    (620 ILCS 5/38.01)  (from Ch. 15 1/2, par. 22.38a)



    Sec. 38.01. Project applications. 

    (a) No municipality or political subdivision in this State 
state, whether
acting alone or jointly with another 
municipality or political subdivision
or with the State state, 
shall submit any project application under the provisions of

the Airport and Airway Improvement Act of
1982, or any 
amendment
thereof, unless the project and the project 
application have been first
approved by the Department. Except 
as provided in subsections (b) or (c) below, no No such 
municipality or political subdivision
shall directly accept, 
receive, or disburse any funds granted
by the United States 
under the Airport and Airway Improvement Act of 1982,
but it 
shall designate the Department as its agent to accept,

receive, and disburse such funds, provided further, however, 
nothing
in this Section shall be construed to prohibit the 
following:
        (1) Any any municipality or any
political subdivision 
    of more than 500,000 inhabitants from disbursing
such 
    funds through its corporate authorities.
        (2)    Any municipality or any political subdivision 
    owning a primary commercial service airport serving at 
    least 10,000 annual enplanements from accepting, 
    receiving, or disbursing funds directly from the federal 
    government.
    It shall enter into an
agreement with the Department 
prescribing the terms and conditions of
such agency in 
accordance with federal laws, rules and regulations and

applicable laws of this State state.
This
subsection (a) does 
not apply to any project application submitted in
connection 
with the O'Hare
Modernization Program as defined in Section 10 
of the O'Hare Modernization Act, with O'Hare International 
Airport, or with Midway International Airport.

    (b) The City of Chicago may submit a project
application

under the provisions of the Airport and Airway Improvement Act 
of 1982,
as now or hereafter amended, or any other federal law 
providing for airport
planning or
development, if the 
application
is submitted in connection with (i) the O'Hare 
Modernization Program as defined in
Section 10 of
the O'Hare 
Modernization Act, (ii) O'Hare International Airport, or (iii) 
Midway International Airport; and the City may directly 
accept,
receive, and
disburse any such funds.
    (c) Any federal money awarded to airports in the State  
under the Airport and Airway Improvement Act of 1982, or any 
amendment thereof, that includes project applications approved 
by the Department where the Department is designated as the 
agent to accept, receive, and disburse such funds shall also 
include a State  match to the local share of the application for 
all costs eligible under the Airport and Airway Improvement 
Act of 1982, or any amendment thereof, subject to the 
provisions of Section 34 and Section 41 of this Act and 
available eligible appropriation. 

(Source: P.A. 92-341, eff. 8-10-01; 93-450, eff. 8-6-03.)