Bill Amendment: IL SB1232 | 2021-2022 | 102nd General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: IDOT-AERONAUTICS-HANGARS/BLDGS
Status: 2021-08-06 - Public Act . . . . . . . . . 102-0313 [SB1232 Detail]
Download: Illinois-2021-SB1232-Senate_Amendment_001.html
Bill Title: IDOT-AERONAUTICS-HANGARS/BLDGS
Status: 2021-08-06 - Public Act . . . . . . . . . 102-0313 [SB1232 Detail]
Download: Illinois-2021-SB1232-Senate_Amendment_001.html
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1 | AMENDMENT TO SENATE BILL 1232
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2 | AMENDMENT NO. ______. Amend Senate Bill 1232 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Illinois Aeronautics Act is amended by | ||||||
5 | changing Sections 34, 34a, and 38.01 as follows:
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6 | (620 ILCS 5/34) (from Ch. 15 1/2, par. 22.34)
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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
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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 |
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1 | subdivisions of this State, or privately owned commercially
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2 | operated airports in Illinois, out of appropriations made by
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3 | the General Assembly for any such purpose.
The
Department | ||||||
4 | shall not render such financial assistance in connection with
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5 | the planning, construction, reconstruction, extension, | ||||||
6 | development or
improvement of
hangars or other airport | ||||||
7 | buildings, or in connection with the subsequent
operation or | ||||||
8 | maintenance of such air navigation facilities unless such | ||||||
9 | facilities are for public use, publicly owned, and of public | ||||||
10 | benefit. As used in this Section, "of public benefit" includes | ||||||
11 | aircraft hangars, fixed-based operator buildings, and aircraft | ||||||
12 | maintenance buildings at nonprimary airports included within | ||||||
13 | the State Airport Plan . The municipality, other political | ||||||
14 | subdivision, or
privately owned commercially operated airports | ||||||
15 | in Illinois,
to which such financial assistance is being | ||||||
16 | extended by the Department,
before such financial assistance | ||||||
17 | is given, shall satisfy the Department
that (a) such air | ||||||
18 | navigation facility will be owned or effectively
controlled, | ||||||
19 | operated, repaired and maintained adequately during its full
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20 | useful life, for the benefit of the public, and (b) in | ||||||
21 | connection with
the operation of such air navigation facility, | ||||||
22 | during its full useful
life, the public will not be deprived of | ||||||
23 | its rightful, fair, equal and
uniform use thereof. The owners | ||||||
24 | and operators of an airport receiving
financial assistance | ||||||
25 | under
this Act must adequately control, operate, repair, and | ||||||
26 | maintain the airport
during its full useful life for the |
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1 | benefit of the public. The owners and
operators of an airport | ||||||
2 | receiving financial assistance must ensure that the
public | ||||||
3 | will not be deprived of its rightful, fair, equal, and uniform | ||||||
4 | use of
the airport during its full useful life. For the | ||||||
5 | purposes of this paragraph,
the full useful life of an airport | ||||||
6 | is not less than 20 years after the
financial assistance is | ||||||
7 | received by the owners and operators of the airport.
Nothing | ||||||
8 | in this Section, however,
imposes any obligation
that is | ||||||
9 | inconsistent with any judgment, order, injunction, or decree
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10 | of any court that
was rendered before the effective date of | ||||||
11 | this amendatory Act of the 92nd
General Assembly.
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12 | Any commercial airport, in order to qualify under the | ||||||
13 | provisions of this
Section must be included in the State | ||||||
14 | Airport Plan as prepared or revised
from time to time by the | ||||||
15 | Illinois Department of Transportation. In the
case of | ||||||
16 | commercial public use airports which are not publicly owned | ||||||
17 | airports,
no such development or planning may be proposed | ||||||
18 | except in connection with
reliever airports included in the | ||||||
19 | current National Airport System Plan.
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20 | Improvements to privately owned commercial airports | ||||||
21 | qualifying under this
Section shall be contracted for and | ||||||
22 | constructed or developed under the
supervision
or direction of | ||||||
23 | the Department or such other Department, agency, officer
or | ||||||
24 | employee of this State as the Department may designate.
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25 | If a privately owned commercially operated airport | ||||||
26 | receives assistance
under this Section and ceases operations |
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1 | before the predetermined life of
the improvements made with | ||||||
2 | such assistance, the State shall be reimbursed for
the unused
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3 | portion of such predetermined life and such claim shall be a | ||||||
4 | lien on the
airport property.
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5 | (Source: P.A. 92-341, eff. 8-10-01.)
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6 | (620 ILCS 5/34a) (from Ch. 15 1/2, par. 22.34a)
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7 | Sec. 34a.
Financial assistance under Section 34 may also | ||||||
8 | include reimbursement
to eligible airport sponsors for the | ||||||
9 | construction or upgrading of Automated Weather Observation | ||||||
10 | Systems (AWOS) financed in whole or in part by State monies. | ||||||
11 | Costs of constructing or upgrading Automated Weather | ||||||
12 | Observation Systems prior to the effective date of this | ||||||
13 | amendatory Act of the 98th General Assembly are eligible for | ||||||
14 | State reimbursements provided that all required State | ||||||
15 | procedures were followed at the time the project was approved | ||||||
16 | by the Department. Financial assistance under Section 34 may | ||||||
17 | also include reimbursements to eligible airport sponsors for | ||||||
18 | land acquisition costs directly related
to projects financed | ||||||
19 | either in whole or in part by federal and State monies,
and for | ||||||
20 | engineering and construction costs directly related to | ||||||
21 | projects financed in whole
or in part by State monies; | ||||||
22 | provided, (1) such engineering , construction, or land | ||||||
23 | acquisition
costs were approved by the Department prior to the | ||||||
24 | payment of these costs
by the airport sponsor, (2) no State or | ||||||
25 | federal monies have previously
been expended for such purposes |
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1 | on such projects, and (3) no State monies
shall be expended as | ||||||
2 | reimbursement on any project for engineering or land
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3 | acquisition unless construction costs for that project are | ||||||
4 | funded by the
State. Approval of engineering , construction, or | ||||||
5 | land acquisition costs by the Department
prior to the payment | ||||||
6 | of such costs by
an airport sponsor shall qualify those costs | ||||||
7 | for State reimbursement but
shall not constitute an obligation | ||||||
8 | of State funds in consideration of available appropriation and | ||||||
9 | eligibility of appropriation . Costs of land acquisition
by | ||||||
10 | airport sponsors prior to the effective date of this | ||||||
11 | amendatory act
of 1982 are qualified for State reimbursement | ||||||
12 | provided all federal and State
procedures were followed at the | ||||||
13 | time of acquisition.
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14 | (Source: P.A. 98-215, eff. 8-9-13.)
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15 | (620 ILCS 5/38.01) (from Ch. 15 1/2, par. 22.38a)
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16 | Sec. 38.01. Project applications.
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17 | (a) No municipality or political subdivision in this State | ||||||
18 | state , whether
acting alone or jointly with another | ||||||
19 | municipality or political subdivision
or with the State state , | ||||||
20 | shall submit any project application under the provisions of
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21 | the Airport and Airway Improvement Act of
1982, or any | ||||||
22 | amendment
thereof, unless the project and the project | ||||||
23 | application have been first
approved by the Department. Except | ||||||
24 | as provided in subsections (b) or (c) below, no No such | ||||||
25 | municipality or political subdivision
shall directly accept, |
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1 | receive, or disburse any funds granted
by the United States | ||||||
2 | under the Airport and Airway Improvement Act of 1982,
but it | ||||||
3 | shall designate the Department as its agent to accept,
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4 | receive, and disburse such funds, provided further , however, | ||||||
5 | nothing
in this Section shall be construed to prohibit the | ||||||
6 | following: | ||||||
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 | ||||||
16 | prescribing the terms and conditions of
such agency in | ||||||
17 | accordance with federal laws, rules and regulations and
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18 | applicable laws of this State state .
This
subsection (a) does | ||||||
19 | not apply to any project application submitted in
connection | ||||||
20 | with the O'Hare
Modernization Program as defined in Section 10 | ||||||
21 | of the O'Hare Modernization Act , with O'Hare International | ||||||
22 | Airport, or with Midway International Airport .
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23 | (b) The City of Chicago may submit a project
application
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24 | under the provisions of the Airport and Airway Improvement Act | ||||||
25 | of 1982,
as now or hereafter amended, or any other federal law | ||||||
26 | providing for airport
planning or
development, if the |
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1 | application
is submitted in connection with (i) the O'Hare | ||||||
2 | Modernization Program as defined in
Section 10 of
the O'Hare | ||||||
3 | Modernization Act, (ii) O'Hare International Airport, or (iii) | ||||||
4 | Midway International Airport; and the City may directly | ||||||
5 | accept,
receive, and
disburse any such funds. | ||||||
6 | (c) Any federal money awarded to airports in the State | ||||||
7 | under the Airport and Airway Improvement Act of 1982, or any | ||||||
8 | amendment thereof, that includes project applications approved | ||||||
9 | by the Department where the Department is designated the as | ||||||
10 | agent to accept, receive, and disburse such funds shall also | ||||||
11 | include a State match to the local share of the application for | ||||||
12 | all costs eligible under the Airport and Airway Improvement | ||||||
13 | Act of 1982, or any amendment thereof, subject to the | ||||||
14 | provisions of Section 34 and Section 41 of this Act and | ||||||
15 | available eligible appropriation.
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16 | (Source: P.A. 92-341, eff. 8-10-01; 93-450, eff. 8-6-03.)".
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