Bill Text: IL HB4140 | 2011-2012 | 97th General Assembly | Introduced
Bill Title: Amends the State Finance Act to create the Federal/State/Local Airport Fund. Amends the Illinois Aeronautics Act. Provides that all federal monies accepted for disbursement by the Department of Transportation under certain portions of the Act shall be deposited into the Federal/State/Local Airport Fund (instead of deposited with the State Treasurer as ex-officio custodian). Requires the annual (instead of biennial) registration of certain aircraft and their operators. Replaces the Aeronautics Fund with the Federal/State/Local Airport Fund. Provides that all moneys received by this State or by the Department for and on its behalf, under any of the laws of this State pertaining to aeronautics, including all moneys obtained for certificates, permits or licenses, shall be deposited in the Federal/State/Local Airport Fund. Provides that notwithstanding any other provision of law, in addition to any other transfers that may be provided by law, on July 1, 2012, or as soon thereafter as practical, the State Comptroller shall direct and the State Treasurer shall transfer the remaining balances from the Aeronautics Fund and the Federal/Local Airport Fund into the Federal/State/Local Airport Fund. Provides that upon completion of the transfers, the Aeronautics Fund and the Federal/Local Airport Funds are dissolved and any future deposits due to either fund and any outstanding obligations or liabilities of those Funds pass to the Federal/State/Local Airport Fund. Provides that on July 1, 2012, or as soon thereafter as practical, the State Comptroller shall order and the State Treasurer shall transfer $6,300,000 from the Road Fund to the Federal/State/Local Airport Fund. Effective immediately.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2013-01-08 - Session Sine Die [HB4140 Detail]
Download: Illinois-2011-HB4140-Introduced.html
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| 1 | AN ACT concerning transportation.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 4 | Section 5. The State Finance Act is amended by adding | |||||||||||||||||||||||||
| 5 | Section 5.811 as follows:
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| 6 | (30 ILCS 105/5.811 new) | |||||||||||||||||||||||||
| 7 | Sec. 5.811. The Federal/State/Local Airport Fund.
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| 8 | Section 10. The Illinois Aeronautics Act is amended by | |||||||||||||||||||||||||
| 9 | changing Sections 40, 42, and 78 as follows:
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| 10 | (620 ILCS 5/40) (from Ch. 15 1/2, par. 22.40)
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| 11 | Sec. 40. Disposition of federal funds. All monies accepted | |||||||||||||||||||||||||
| 12 | for disbursement
by the Department pursuant to Section 38 shall | |||||||||||||||||||||||||
| 13 | be deposited into the Federal/State/Local Airport Fund with the | |||||||||||||||||||||||||
| 14 | State
Treasurer as ex-officio custodian and shall be disbursed | |||||||||||||||||||||||||
| 15 | upon a voucher
or order of Secretary of Transportation and paid | |||||||||||||||||||||||||
| 16 | by a warrant drawn by the
State Comptroller and countersigned | |||||||||||||||||||||||||
| 17 | by the State Treasurer. All such monies
are to be expended in | |||||||||||||||||||||||||
| 18 | accordance with Federal laws and rules and regulations
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| 19 | thereunder and with this Act. The Department is authorized, | |||||||||||||||||||||||||
| 20 | whether acting
for this State or as the agent of any of its | |||||||||||||||||||||||||
| 21 | municipalities or other political
subdivision, or when | |||||||||||||||||||||||||
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| 1 | requested by the United States Government or any agency
or | ||||||
| 2 | department thereof, subject to section 41, disburse such monies | ||||||
| 3 | for the
designated purposes, but this shall not preclude any | ||||||
| 4 | other authorized method
of disbursement.
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| 5 | (Source: P.A. 81-840.)
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| 6 | (620 ILCS 5/42) (from Ch. 15 1/2, par. 22.42)
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| 7 | Sec. 42. Regulation of aircraft, airmen, and airports.
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| 8 | (a) The general public interest and safety, the safety of | ||||||
| 9 | persons
operating,
using, or traveling in, aircraft, and of | ||||||
| 10 | persons and property on the
ground, and the interest of | ||||||
| 11 | aeronautical progress require
that aircraft
operated within | ||||||
| 12 | this State should be airworthy, that airmen should be
properly | ||||||
| 13 | qualified, and that air navigation facilities should be | ||||||
| 14 | suitable
for the purposes for which they are designed. The | ||||||
| 15 | purposes of this
Act
require that the Department should be | ||||||
| 16 | enabled to exercise the
powers of
regulation and supervision | ||||||
| 17 | herein granted. The advantage of uniform
regulation makes it | ||||||
| 18 | desirable that aircraft operated within this
State
should | ||||||
| 19 | conform with respect to design, construction, and | ||||||
| 20 | airworthiness to
the standards prescribed by the United States | ||||||
| 21 | Government with respect to
civil aircraft subject to its | ||||||
| 22 | jurisdiction and that persons engaging in
aeronautics within | ||||||
| 23 | this State should have the qualifications necessary for
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| 24 | obtaining and holding appropriate airman certificates of the | ||||||
| 25 | United States.
It is desirable and right that all applicable | ||||||
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| 1 | fees and
taxes shall
be paid with respect to aircraft operated | ||||||
| 2 | within this State.
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| 3 | (b) In light of the findings in subsection (a), the | ||||||
| 4 | Department is
authorized:
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| 5 | (1) To require the annual registration , every 2 years, | ||||||
| 6 | of federal licenses,
certificates or permits of civil | ||||||
| 7 | aircraft engaged in air navigation within
this State, and | ||||||
| 8 | of airmen engaged in aeronautics within this State, and to
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| 9 | issue certificates of such registration. These | ||||||
| 10 | certificates of registration
constitute the authorization | ||||||
| 11 | of such aircraft and airmen for operations
within this | ||||||
| 12 | State to the extent permitted by the federal licenses,
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| 13 | certificates or permits so registered. It shall charge a | ||||||
| 14 | fee, payable annually, every
2 years, for the registration | ||||||
| 15 | of each federal license, certificate or
permit of $10 for | ||||||
| 16 | each airman's certificate and $20 for each aircraft
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| 17 | certificate. It may accept as evidence of the holding of a | ||||||
| 18 | federal license,
certificate or permit the verified | ||||||
| 19 | application of the airman or the owner
of the aircraft, | ||||||
| 20 | which application shall contain such information as the
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| 21 | Department may by rule, ruling, regulation, order or | ||||||
| 22 | decision prescribe.
The Department's authority to register | ||||||
| 23 | aircraft or to issue certificates of
registration is | ||||||
| 24 | limited as follows:
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| 25 | (i) Except as to any aircraft vehicle purchased | ||||||
| 26 | before March 8,
1963,
the Department, in the case of | ||||||
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| 1 | the first registration of any aircraft vehicle
for any | ||||||
| 2 | given owner on or after March 8, 1963, may not issue a | ||||||
| 3 | certificate
of registration with respect to any | ||||||
| 4 | aircraft vehicle until after the
Department has been | ||||||
| 5 | satisfied that no tax under the Use Tax Act, the | ||||||
| 6 | Aircraft
Use Tax Law, the
Municipal Use Tax Act, or the | ||||||
| 7 | Home Rule County Use Tax Law is owing by reason
of
the | ||||||
| 8 | use of the vehicle in Illinois or that any tax so | ||||||
| 9 | imposed has been
paid.
A receipt issued under those | ||||||
| 10 | Acts by the Department of Revenue
constitutes proof of | ||||||
| 11 | payment of the tax. For the purpose of this
paragraph, | ||||||
| 12 | "aircraft vehicle" means a single aircraft.
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| 13 | (ii) If the proof of payment of the tax or of | ||||||
| 14 | nonliability therefor
is,
after
the issuance of the | ||||||
| 15 | certificate of registration, found to be invalid, the
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| 16 | Department shall revoke the certificate and require | ||||||
| 17 | that the certificate be
returned to the Department.
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| 18 | (2) To classify and approve airports and restricted | ||||||
| 19 | landing areas and
any alterations or extensions thereof. | ||||||
| 20 | Certificates of approval issued
pursuant to this | ||||||
| 21 | paragraph, or pursuant to any prior law, shall be issued
in | ||||||
| 22 | the name of the applicant and shall be transferable upon a | ||||||
| 23 | change of
ownership or control of the airport or restricted | ||||||
| 24 | landing area only
after approval of the Department.
No | ||||||
| 25 | charge
or fee shall be made or imposed for any kind of | ||||||
| 26 | certificate of approval or
a transfer thereof.
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| 1 | (3) To revoke, temporarily or
permanently, any | ||||||
| 2 | certificate of registration
of an aircraft or airman issued | ||||||
| 3 | by it, or to refuse to issue any such
certificate of | ||||||
| 4 | registration, when it shall reasonably determine that any
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| 5 | aircraft is not airworthy, or that any airman:
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| 6 | (i) is not qualified;
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| 7 | (ii) has willfully violated the laws of this State
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| 8 | pertaining to
aeronautics or any rules, rulings, | ||||||
| 9 | regulations, orders, or decisions issued
pursuant | ||||||
| 10 | thereto, or any Federal law or any rule or regulation | ||||||
| 11 | issued pursuant
thereto;
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| 12 | (iii) is addicted to the use of narcotics or other | ||||||
| 13 | habit forming
drug, or to the excessive use of | ||||||
| 14 | intoxicating liquor;
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| 15 | (iv) has made any false statement in any | ||||||
| 16 | application for
registration of a federal license, | ||||||
| 17 | certificate or permit; or
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| 18 | (v) has been guilty of other conduct, acts, or | ||||||
| 19 | practices dangerous
to the public safety or the safety | ||||||
| 20 | of those engaged in aeronautics.
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| 21 | (c) The Department may refuse to issue or may suspend the
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| 22 | certificate of any person who fails to file a return, or to pay | ||||||
| 23 | the tax,
penalty or interest shown in a filed return, or to pay | ||||||
| 24 | any final assessment
of tax, penalty or interest, as required | ||||||
| 25 | by any tax Act administered by the
Illinois Department of | ||||||
| 26 | Revenue, until such time as the requirements of any
such tax | ||||||
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| 1 | Act are satisfied.
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| 2 | (Source: P.A. 92-341, eff. 8-10-01; 93-24, eff. 6-20-03.)
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| 3 | (620 ILCS 5/78) (from Ch. 15 1/2, par. 22.78)
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| 4 | Sec. 78. Federal/State/Local Airport Fund. Aeronautics | ||||||
| 5 | fund.
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| 6 | (a) All moneys hereafter received by this State, or by the | ||||||
| 7 | Department for
and on its behalf, under any of the laws of this | ||||||
| 8 | State pertaining to
aeronautics, including, without limiting | ||||||
| 9 | the generality of the foregoing,
all moneys obtained for | ||||||
| 10 | certificates, permits or licenses, including except those
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| 11 | funds which are accepted by the Department held by the State | ||||||
| 12 | Treasurer as ex-officio custodian under
the provisions of | ||||||
| 13 | Section 40, shall be deposited in the State treasury and
set | ||||||
| 14 | apart as a special fund to be known as the Federal/State/Local | ||||||
| 15 | Airport Aeronautics Fund. The Federal/State/Local Airport
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| 16 | Aeronautics Fund shall be used, subject to appropriations made | ||||||
| 17 | from time to
time, only for such purposes as may be specified | ||||||
| 18 | under the laws, if any, of
the United States, heretofore or | ||||||
| 19 | hereafter enacted or amended, providing
for federal aid in the | ||||||
| 20 | establishment of public airports, and otherwise only
for the | ||||||
| 21 | regulation and supervision of aeronautics in this State, and | ||||||
| 22 | the
administration and enforcement of the laws of this State | ||||||
| 23 | pertaining to
aeronautics.
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| 24 | (b) Notwithstanding any other provision of law, in addition | ||||||
| 25 | to any other transfers that may be provided by law, on July 1, | ||||||
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| 1 | 2012, or as soon thereafter as practical, the State Comptroller | ||||||
| 2 | shall direct and the State Treasurer shall transfer the | ||||||
| 3 | remaining balances from the Aeronautics Fund and the | ||||||
| 4 | Federal/Local Airport Fund into the Federal/State/Local | ||||||
| 5 | Airport Fund. Upon completion of the transfers, the Aeronautics | ||||||
| 6 | Fund and the Federal/Local Airport Funds are dissolved and any | ||||||
| 7 | future deposits due to either fund and any outstanding | ||||||
| 8 | obligations or liabilities of those Funds pass to the | ||||||
| 9 | Federal/State/Local Airport Fund. | ||||||
| 10 | (c) On July 1, 2012, or as soon thereafter as practical, | ||||||
| 11 | the State Comptroller shall order and the State Treasurer shall | ||||||
| 12 | transfer $6,300,000 from the Road Fund to the | ||||||
| 13 | Federal/State/Local Airport Fund. | ||||||
| 14 | (Source: Laws 1957, p. 2331.)
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| 15 | Section 99. Effective date. This Act takes effect upon | ||||||
| 16 | becoming law.
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