102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB1764

 

Introduced 2/26/2021, by Sen. Christopher Belt

 

SYNOPSIS AS INTRODUCED:
 
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

    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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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Act 5. The Illinois Aeronautics Act is amended by changing
5Acts 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
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
17subdivisions of this State, or privately owned commercially
18operated airports in Illinois, out of appropriations made by
19the General Assembly for any such purpose. The Department
20shall not render such financial assistance in connection with
21the planning, construction, reconstruction, extension,
22development or improvement of hangars or other airport
23buildings, or in connection with the subsequent operation or

 

 

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1maintenance of such air navigation facilities unless such
2facilities are for public use and of public benefit. The
3municipality, other political subdivision, or privately owned
4commercially operated airports in Illinois, to which such
5financial assistance is being extended by the Department,
6before such financial assistance is given, shall satisfy the
7Department that (a) such air navigation facility will be owned
8or effectively controlled, operated, repaired and maintained
9adequately during its full useful life, for the benefit of the
10public, and (b) in connection with the operation of such air
11navigation facility, during its full useful life, the public
12will not be deprived of its rightful, fair, equal and uniform
13use thereof. The owners and operators of an airport receiving
14financial assistance under this Act must adequately control,
15operate, repair, and maintain the airport during its full
16useful life for the benefit of the public. The owners and
17operators of an airport receiving financial assistance must
18ensure that the public will not be deprived of its rightful,
19fair, equal, and uniform use of the airport during its full
20useful life. For the purposes of this paragraph, the full
21useful life of an airport is not less than 20 years after the
22financial assistance is received by the owners and operators
23of the airport. Nothing in this Section, however, imposes any
24obligation that is inconsistent with any judgment, order,
25injunction, or decree of any court that was rendered before
26the effective date of this amendatory Act of the 92nd General

 

 

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1Assembly.
2    Any commercial airport, in order to qualify under the
3provisions of this Section must be included in the State
4Airport Plan as prepared or revised from time to time by the
5Illinois Department of Transportation. In the case of
6commercial public use airports which are not publicly owned
7airports, no such development or planning may be proposed
8except in connection with reliever airports included in the
9current National Airport System Plan.
10    Improvements to privately owned commercial airports
11qualifying under this Section shall be contracted for and
12constructed or developed under the supervision or direction of
13the Department or such other Department, agency, officer or
14employee of this State as the Department may designate.
15    If a privately owned commercially operated airport
16receives assistance under this Section and ceases operations
17before the predetermined life of the improvements made with
18such assistance, the State shall be reimbursed for the unused
19portion of such predetermined life and such claim shall be a
20lien 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
25state, whether acting alone or jointly with another

 

 

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1municipality or political subdivision or with the State state,
2shall submit any project application under the provisions of
3the Airport and Airway Improvement Act of 1982, or any
4amendment thereof, unless the project and the project
5application have been first reviewed approved by the
6Department. Except as provided in subAct (b) or (c), no No such
7municipality or political subdivision shall directly accept,
8receive, or disburse any funds granted by the United States
9under the Airport and Airway Improvement Act of 1982, but it
10shall designate the Department as its agent to accept,
11receive, and disburse such funds, provided, however, nothing
12in 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
22prescribing the terms and conditions of such agency in
23accordance with federal laws, rules and regulations and
24applicable laws of this state. This subsection (a) does not
25apply to any project application submitted in connection with
26the O'Hare Modernization Program as defined in Section 10 of

 

 

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1the O'Hare Modernization Act, O'Hare International Airport,
2Midway International Airport, or airports with commercial
3airline service serving at least 10,000 enplanements annually.
4    (b) The City of Chicago may submit a project application
5under the provisions of the Airport and Airway Improvement Act
6of 1982, as now or hereafter amended, or any other federal law
7providing for airport planning or development, if the
8application is submitted in connection with the O'Hare
9Modernization Program as defined in Section 10 of the O'Hare
10Modernization Act, O'Hare International Airport, or Midway
11International Airport, and the City may directly accept,
12receive, and disburse any such funds.
13    (c) Any municipality or political subdivision may submit a
14project application under the Airport and Airway Improvement
15Act of 1982 or any other federal law providing for airport
16planning or development, if the application is submitted in
17connection with an airport serving at least 10,000 annual
18enplanements.
19    (d) Any federal money awarded to airports in the State
20under the Airport and Airway Improvement Act of 1982 that
21include project applications approved by the Department also
22shall include a State match to the local share of the
23application for all costs eligible under the Airport and
24Airway Improvement Act of 1982.
25(Source: P.A. 92-341, eff. 8-10-01; 93-450, eff. 8-6-03.)