Illinois General Assembly - Full Text of HB4387
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Full Text of HB4387  99th General Assembly




State of Illinois
2015 and 2016


Introduced , by Rep. Grant Wehrli


620 ILCS 5/42  from Ch. 15 1/2, par. 22.42
620 ILCS 5/43  from Ch. 15 1/2, par. 22.43
620 ILCS 5/45  from Ch. 15 1/2, par. 22.45

    Amends the Illinois Aeronautics Act. Removes provisions requiring airmen to register a federal license, certificate, or permit with the Division of Aeronautics of the Department of Transportation and obtain a State certificate of registration to operate an aircraft within this State. Provides that the Department of Transportation may suspend or revoke (rather than only revoke) the flying privileges of an airman who (i) is not qualified; (ii) has willfully violated the State or federal laws or regulations pertaining to aeronautics; (iii) is addicted to the use of narcotics or other habit forming drug, or to the excessive use of alcohol; (iv) has made any false statement in an application for registration of a federal aircraft license, certificate, or permit; or (v) has been guilty of other conduct, acts, or practices dangerous to the public safety or the safety of those engaged in aeronautics. Makes conforming changes.

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HB4387LRB099 15663 RJF 39958 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 42, 43, and 45 as follows:
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



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1obtaining and holding appropriate airman certificates of the
2United States. It is desirable and right that all applicable
3fees and taxes shall be paid with respect to aircraft operated
4within this State.
5    (b) In light of the findings in subsection (a), the
6Department is authorized:
7        (1) To require the registration, every 2 years, of
8    federal licenses, certificates or permits of civil
9    aircraft engaged in air navigation within this State, and
10    of airmen engaged in aeronautics within this State, and to
11    issue certificates of such registration. These
12    certificates of registration constitute the authorization
13    of such aircraft and airmen for operations within this
14    State to the extent permitted by the federal licenses,
15    certificates or permits so registered. It shall charge a
16    fee, payable every 2 years, for the registration of each
17    federal license, certificate or permit of $10 for each
18    airman's certificate and $20 for each aircraft
19    certificate. It may accept as evidence of the holding of a
20    federal license, certificate or permit the verified
21    application of the airman or the owner of the aircraft,
22    which application shall contain such information as the
23    Department may by rule, ruling, regulation, order or
24    decision prescribe. The Department's authority to register
25    aircraft or to issue certificates of registration is
26    limited as follows:



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1            (i) Except as to any aircraft vehicle purchased
2        before March 8, 1963, the Department, in the case of
3        the first registration of any aircraft vehicle for any
4        given owner on or after March 8, 1963, may not issue a
5        certificate of registration with respect to any
6        aircraft vehicle until after the Department has been
7        satisfied that no tax under the Use Tax Act, the
8        Aircraft Use Tax Law, the Municipal Use Tax Act, or the
9        Home Rule County Use Tax Law is owing by reason of the
10        use of the vehicle in Illinois or that any tax so
11        imposed has been paid. A receipt issued under those
12        Acts by the Department of Revenue constitutes proof of
13        payment of the tax. For the purpose of this paragraph,
14        "aircraft vehicle" means a single aircraft.
15            (ii) If the proof of payment of the tax or of
16        nonliability therefor is, after the issuance of the
17        certificate of registration, found to be invalid, the
18        Department shall revoke the certificate and require
19        that the certificate be returned to the Department.
20        (2) To classify and approve airports and restricted
21    landing areas and any alterations or extensions thereof.
22    Certificates of approval issued pursuant to this
23    paragraph, or pursuant to any prior law, shall be issued in
24    the name of the applicant and shall be transferable upon a
25    change of ownership or control of the airport or restricted
26    landing area only after approval of the Department. No



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1    charge or fee shall be made or imposed for any kind of
2    certificate of approval or a transfer thereof.
3        (3) To revoke, temporarily or permanently, any
4    certificate of registration of an aircraft or airman issued
5    by it, or to refuse to issue any such certificate of
6    registration, when it shall reasonably determine that any
7    aircraft is not airworthy. , or that any airman:
8        (4) To suspend or revoke, temporarily or permanently,
9    the flying privileges of any airman who:
10            (i) is not qualified;
11            (ii) has willfully violated the laws of this State
12        pertaining to aeronautics or any rules, rulings,
13        regulations, orders, or decisions issued pursuant
14        thereto, or any Federal law or any rule or regulation
15        issued pursuant thereto;
16            (iii) is addicted to the use of narcotics or other
17        habit forming drug, or to the excessive use of
18        intoxicating liquor;
19            (iv) has made any false statement in any
20        application for registration of a federal aircraft
21        license, certificate or permit; or
22            (v) has been guilty of other conduct, acts, or
23        practices dangerous to the public safety or the safety
24        of those engaged in aeronautics.
25    (c) The Department may refuse to issue or may suspend the
26certificate of any person who fails to file a return, or to pay



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1the tax, penalty or interest shown in a filed return, or to pay
2any final assessment of tax, penalty or interest, as required
3by any tax Act administered by the Illinois Department of
4Revenue, until such time as the requirements of any such tax
5Act are satisfied.
6(Source: P.A. 92-341, eff. 8-10-01; 93-24, eff. 6-20-03.)
7    (620 ILCS 5/43)  (from Ch. 15 1/2, par. 22.43)
8    Sec. 43. Operations unlawful without license or
9certificate. Except as hereinafter provided, when such
10registration is required by the Department, it shall be
11unlawful for any person to operate or cause or authorize to be
12operated any civil aircraft within this State unless such
13aircraft has an appropriate effective license, certificate or
14permit issued by the United States Government for which a
15certificate of registration has been issued by the Department
16which is in full force and effect, and it shall be unlawful for
17any person to engage in aeronautics as an airman in this State
18unless he has obtained from the Department a certificate of
19registration of an appropriate effective airman's license,
20certificate or permit issued by the United States Government
21authorizing him to engage in the particular class of
22aeronautics in which he is engaged, which certificate of
23registration is in full force and effect.
24    Aircraft and airmen that are not required to be licensed,
25certificated, or permitted by the United States government and



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1that have not received a license, certificate, or permit are
2not required to register with the Department before engaging in
3aeronautics in Illinois.
4(Source: P.A. 92-341, eff. 8-10-01.)
5    (620 ILCS 5/45)  (from Ch. 15 1/2, par. 22.45)
6    Sec. 45. Exhibition of licenses and certificates.
7    The federal license, certificate, or permit, and the
8evidence of registration in this or another state, if any,
9required for an airman shall be kept in the personal possession
10of the airman when he is operating within this State and must
11be presented for inspection upon the demand of any passenger,
12or any peace officer of this State, any officer or authorized
13employee of the Department, or any official, manager or person
14in charge of any airport in this State upon which he shall
15land, or upon the reasonable request of any other person. The
16federal aircraft license, certificate, or permit, and the
17evidence of registration in this or another state, if any,
18required for aircraft must be carried in every aircraft
19operating in this State at all times and must be conspicuously
20posted therein where it may readily be seen by passengers or
21inspectors and must be presented for inspection upon the demand
22of any passenger, any peace officer of this State, any officer
23or authorized employee of the Department, or any official,
24manager, or person in charge of any airport in this State upon
25which it shall land, or upon the reasonable request of any



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2(Source: Laws 1945, p. 335.)