97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB4140

 

Introduced 1/30/2012, by Rep. Frank J. Mautino

 

SYNOPSIS AS INTRODUCED:
 
30 ILCS 105/5.811 new
620 ILCS 5/40  from Ch. 15 1/2, par. 22.40
620 ILCS 5/42  from Ch. 15 1/2, par. 22.42
620 ILCS 5/78  from Ch. 15 1/2, par. 22.78

    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.


LRB097 14995 HEP 60037 b

 

 

A BILL FOR

 

HB4140LRB097 14995 HEP 60037 b

1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The State Finance Act is amended by adding
5Section 5.811 as follows:
 
6    (30 ILCS 105/5.811 new)
7    Sec. 5.811. The Federal/State/Local Airport Fund.
 
8    Section 10. The Illinois Aeronautics Act is amended by
9changing Sections 40, 42, and 78 as follows:
 
10    (620 ILCS 5/40)  (from Ch. 15 1/2, par. 22.40)
11    Sec. 40. Disposition of federal funds. All monies accepted
12for disbursement by the Department pursuant to Section 38 shall
13be deposited into the Federal/State/Local Airport Fund with the
14State Treasurer as ex-officio custodian and shall be disbursed
15upon a voucher or order of Secretary of Transportation and paid
16by a warrant drawn by the State Comptroller and countersigned
17by the State Treasurer. All such monies are to be expended in
18accordance with Federal laws and rules and regulations
19thereunder and with this Act. The Department is authorized,
20whether acting for this State or as the agent of any of its
21municipalities or other political subdivision, or when

 

 

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1requested by the United States Government or any agency or
2department thereof, subject to section 41, disburse such monies
3for the designated purposes, but this shall not preclude any
4other authorized method of disbursement.
5(Source: P.A. 81-840.)
 
6    (620 ILCS 5/42)  (from Ch. 15 1/2, par. 22.42)
7    Sec. 42. Regulation of aircraft, airmen, and airports.
8    (a) The general public interest and safety, the safety of
9persons operating, using, or traveling in, aircraft, and of
10persons and property on the ground, and the interest of
11aeronautical progress require that aircraft operated within
12this State should be airworthy, that airmen should be properly
13qualified, and that air navigation facilities should be
14suitable for the purposes for which they are designed. The
15purposes of this Act require that the Department should be
16enabled to exercise the powers of regulation and supervision
17herein granted. The advantage of uniform regulation makes it
18desirable that aircraft operated within this State should
19conform with respect to design, construction, and
20airworthiness to the standards prescribed by the United States
21Government with respect to civil aircraft subject to its
22jurisdiction and that persons engaging in aeronautics within
23this State should have the qualifications necessary for
24obtaining and holding appropriate airman certificates of the
25United States. It is desirable and right that all applicable

 

 

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1fees and taxes shall be paid with respect to aircraft operated
2within this State.
3    (b) In light of the findings in subsection (a), the
4Department is authorized:
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
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,
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
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
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:
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.
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
16        Department shall revoke the certificate and require
17        that the certificate be returned to the Department.
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
5    aircraft is not airworthy, or that any airman:
6            (i) is not qualified;
7            (ii) has willfully violated the laws of this State
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;
12            (iii) is addicted to the use of narcotics or other
13        habit forming drug, or to the excessive use of
14        intoxicating liquor;
15            (iv) has made any false statement in any
16        application for registration of a federal license,
17        certificate or permit; or
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.
21    (c) The Department may refuse to issue or may suspend the
22certificate of any person who fails to file a return, or to pay
23the tax, penalty or interest shown in a filed return, or to pay
24any final assessment of tax, penalty or interest, as required
25by any tax Act administered by the Illinois Department of
26Revenue, until such time as the requirements of any such tax

 

 

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1Act are satisfied.
2(Source: P.A. 92-341, eff. 8-10-01; 93-24, eff. 6-20-03.)
 
3    (620 ILCS 5/78)  (from Ch. 15 1/2, par. 22.78)
4    Sec. 78. Federal/State/Local Airport Fund. Aeronautics
5fund.
6    (a) All moneys hereafter received by this State, or by the
7Department for and on its behalf, under any of the laws of this
8State pertaining to aeronautics, including, without limiting
9the generality of the foregoing, all moneys obtained for
10certificates, permits or licenses, including except those
11funds which are accepted by the Department held by the State
12Treasurer as ex-officio custodian under the provisions of
13Section 40, shall be deposited in the State treasury and set
14apart as a special fund to be known as the Federal/State/Local
15Airport Aeronautics Fund. The Federal/State/Local Airport
16Aeronautics Fund shall be used, subject to appropriations made
17from time to time, only for such purposes as may be specified
18under the laws, if any, of the United States, heretofore or
19hereafter enacted or amended, providing for federal aid in the
20establishment of public airports, and otherwise only for the
21regulation and supervision of aeronautics in this State, and
22the administration and enforcement of the laws of this State
23pertaining to aeronautics.
24    (b) Notwithstanding any other provision of law, in addition
25to any other transfers that may be provided by law, on July 1,

 

 

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12012, or as soon thereafter as practical, the State Comptroller
2shall direct and the State Treasurer shall transfer the
3remaining balances from the Aeronautics Fund and the
4Federal/Local Airport Fund into the Federal/State/Local
5Airport Fund. Upon completion of the transfers, the Aeronautics
6Fund and the Federal/Local Airport Funds are dissolved and any
7future deposits due to either fund and any outstanding
8obligations or liabilities of those Funds pass to the
9Federal/State/Local Airport Fund.
10    (c) On July 1, 2012, or as soon thereafter as practical,
11the State Comptroller shall order and the State Treasurer shall
12transfer $6,300,000 from the Road Fund to the
13Federal/State/Local Airport Fund.
14(Source: Laws 1957, p. 2331.)
 
15    Section 99. Effective date. This Act takes effect upon
16becoming law.