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




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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 Section 42 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 a
10    one-time registration , and of airmen engaged in
11    aeronautics within this State, and to issue certificates of
12    such registration. These certificates of registration
13    constitute the authorization of such aircraft and airmen
14    for operations within this State to the extent permitted by
15    the federal licenses, certificates or permits so
16    registered. It shall charge a fee, payable every 2 years,
17    for the registration of each federal license, certificate
18    or permit of $10 for each airman's certificate and $20 for
19    each aircraft certificate and a one-time fee of $20,
20    payable at registration, for each airman's certificate. It
21    may accept as evidence of the holding of a federal license,
22    certificate or permit the verified application of the
23    airman or the owner of the aircraft, which application
24    shall contain such information as the Department may by
25    rule, ruling, regulation, order or decision prescribe. The
26    Department's authority to register aircraft or to issue



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



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1    landing area only after approval of the Department. No
2    charge or fee shall be made or imposed for any kind of
3    certificate of approval or a transfer thereof.
4        (3) To revoke, temporarily or permanently, any
5    certificate of registration of an aircraft or airman issued
6    by it, or to refuse to issue any such certificate of
7    registration, when it shall reasonably determine that any
8    aircraft is not airworthy, or that any airman:
9            (i) is not qualified;
10            (ii) has willfully violated the laws of this State
11        pertaining to aeronautics or any rules, rulings,
12        regulations, orders, or decisions issued pursuant
13        thereto, or any Federal law or any rule or regulation
14        issued pursuant thereto;
15            (iii) is addicted to the use of narcotics or other
16        habit forming drug, or to the excessive use of
17        intoxicating liquor;
18            (iv) has made any false statement in any
19        application for registration of a federal license,
20        certificate or permit; or
21            (v) has been guilty of other conduct, acts, or
22        practices dangerous to the public safety or the safety
23        of those engaged in aeronautics.
24    (c) The Department may refuse to issue or may suspend the
25certificate of any person who fails to file a return, or to pay
26the tax, penalty or interest shown in a filed return, or to pay



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1any final assessment of tax, penalty or interest, as required
2by any tax Act administered by the Illinois Department of
3Revenue, until such time as the requirements of any such tax
4Act are satisfied.
5(Source: P.A. 92-341, eff. 8-10-01; 93-24, eff. 6-20-03.)