Illinois General Assembly - Full Text of SB1232
Illinois General Assembly

Previous General Assemblies

Full Text of SB1232  102nd General Assembly




SB1232 EnrolledLRB102 05039 HEP 15058 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 Illinois Aeronautics Act is amended by
5changing Sections 34, 34a, 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



SB1232 Enrolled- 2 -LRB102 05039 HEP 15058 b

1maintenance of such air navigation facilities unless such
2facilities are for public use, publicly owned, and of public
3benefit. As used in this Section, "of public benefit" includes
4aircraft hangars, fixed-based operator buildings, and aircraft
5maintenance buildings at nonprimary airports included within
6the State Airport Plan. The municipality, other political
7subdivision, or privately owned commercially operated airports
8in Illinois, to which such financial assistance is being
9extended by the Department, before such financial assistance
10is given, shall satisfy the Department that (a) such air
11navigation facility will be owned or effectively controlled,
12operated, repaired and maintained adequately during its full
13useful life, for the benefit of the public, and (b) in
14connection with the operation of such air navigation facility,
15during its full useful life, the public will not be deprived of
16its rightful, fair, equal and uniform use thereof. The owners
17and operators of an airport receiving financial assistance
18under this Act must adequately control, operate, repair, and
19maintain the airport during its full useful life for the
20benefit of the public. The owners and operators of an airport
21receiving financial assistance must ensure that the public
22will not be deprived of its rightful, fair, equal, and uniform
23use of the airport during its full useful life. For the
24purposes of this paragraph, the full useful life of an airport
25is not less than 20 years after the financial assistance is
26received by the owners and operators of the airport. Nothing



SB1232 Enrolled- 3 -LRB102 05039 HEP 15058 b

1in this Section, however, imposes any obligation that is
2inconsistent with any judgment, order, injunction, or decree
3of any court that was rendered before the effective date of
4this amendatory Act of the 92nd General Assembly.
5    Any commercial airport, in order to qualify under the
6provisions of this Section must be included in the State
7Airport Plan as prepared or revised from time to time by the
8Illinois Department of Transportation. In the case of
9commercial public use airports which are not publicly owned
10airports, no such development or planning may be proposed
11except in connection with reliever airports included in the
12current National Airport System Plan.
13    Improvements to privately owned commercial airports
14qualifying under this Section shall be contracted for and
15constructed or developed under the supervision or direction of
16the Department or such other Department, agency, officer or
17employee of this State as the Department may designate.
18    If a privately owned commercially operated airport
19receives assistance under this Section and ceases operations
20before the predetermined life of the improvements made with
21such assistance, the State shall be reimbursed for the unused
22portion of such predetermined life and such claim shall be a
23lien on the airport property.
24(Source: P.A. 92-341, eff. 8-10-01.)
25    (620 ILCS 5/34a)  (from Ch. 15 1/2, par. 22.34a)



SB1232 Enrolled- 4 -LRB102 05039 HEP 15058 b

1    Sec. 34a. Financial assistance under Section 34 may also
2include reimbursement to eligible airport sponsors for the
3construction or upgrading of Automated Weather Observation
4Systems (AWOS) financed in whole or in part by State monies.
5Costs of constructing or upgrading Automated Weather
6Observation Systems prior to the effective date of this
7amendatory Act of the 98th General Assembly are eligible for
8State reimbursements provided that all required State
9procedures were followed at the time the project was approved
10by the Department. Financial assistance under Section 34 may
11also include reimbursements to eligible airport sponsors for
12land acquisition costs directly related to projects financed
13either in whole or in part by federal and State monies, and for
14engineering and construction costs directly related to
15projects financed in whole or in part by State monies;
16provided, (1) such engineering, construction, or land
17acquisition costs were approved by the Department prior to the
18payment of these costs by the airport sponsor, (2) no State or
19federal monies have previously been expended for such purposes
20on such projects, and (3) no State monies shall be expended as
21reimbursement on any project for engineering or land
22acquisition unless construction costs for that project are
23funded by the State. Approval of engineering, construction, or
24land acquisition costs by the Department prior to the payment
25of such costs by an airport sponsor shall qualify those costs
26for State reimbursement but shall not constitute an obligation



SB1232 Enrolled- 5 -LRB102 05039 HEP 15058 b

1of State funds in consideration of available appropriation and
2eligibility of appropriation. Costs of land acquisition by
3airport sponsors prior to the effective date of this
4amendatory act of 1982 are qualified for State reimbursement
5provided all federal and State procedures were followed at the
6time of acquisition.
7(Source: P.A. 98-215, eff. 8-9-13.)
8    (620 ILCS 5/38.01)  (from Ch. 15 1/2, par. 22.38a)
9    Sec. 38.01. Project applications.
10    (a) No municipality or political subdivision in this State
11state, whether acting alone or jointly with another
12municipality or political subdivision or with the State state,
13shall submit any project application under the provisions of
14the Airport and Airway Improvement Act of 1982, or any
15amendment thereof, unless the project and the project
16application have been first approved by the Department. Except
17as provided in subsections (b) or (c) below, no No such
18municipality or political subdivision shall directly accept,
19receive, or disburse any funds granted by the United States
20under the Airport and Airway Improvement Act of 1982, but it
21shall designate the Department as its agent to accept,
22receive, and disburse such funds, provided further, however,
23nothing in this Section shall be construed to prohibit the
25        (1) Any any municipality or any political subdivision



SB1232 Enrolled- 6 -LRB102 05039 HEP 15058 b

1    of more than 500,000 inhabitants from disbursing such
2    funds through its corporate authorities.
3        (2) Any municipality or any political subdivision
4    owning a primary commercial service airport serving at
5    least 10,000 annual enplanements from accepting,
6    receiving, or disbursing funds directly from the federal
7    government.
8    It shall enter into an agreement with the Department
9prescribing the terms and conditions of such agency in
10accordance with federal laws, rules and regulations and
11applicable laws of this State state. This subsection (a) does
12not apply to any project application submitted in connection
13with the O'Hare Modernization Program as defined in Section 10
14of the O'Hare Modernization Act, with O'Hare International
15Airport, or with Midway International Airport.
16    (b) The City of Chicago may submit a project application
17under the provisions of the Airport and Airway Improvement Act
18of 1982, as now or hereafter amended, or any other federal law
19providing for airport planning or development, if the
20application is submitted in connection with (i) the O'Hare
21Modernization Program as defined in Section 10 of the O'Hare
22Modernization Act, (ii) O'Hare International Airport, or (iii)
23Midway International Airport; and the City may directly
24accept, receive, and disburse any such funds.
25    (c) Any federal money awarded to airports in the State
26under the Airport and Airway Improvement Act of 1982, or any



SB1232 Enrolled- 7 -LRB102 05039 HEP 15058 b

1amendment thereof, that includes project applications approved
2by the Department where the Department is designated as the
3agent to accept, receive, and disburse such funds shall also
4include a State match to the local share of the application for
5all costs eligible under the Airport and Airway Improvement
6Act of 1982, or any amendment thereof, subject to the
7provisions of Section 34 and Section 41 of this Act and
8available eligible appropriation.
9(Source: P.A. 92-341, eff. 8-10-01; 93-450, eff. 8-6-03.)