Rep. Grant Wehrli

Filed: 3/28/2016





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2    AMENDMENT NO. ______. Amend House Bill 4387 by replacing
3everything after the enacting clause with the following:
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



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1herein granted. The advantage of uniform regulation makes it
2desirable that aircraft operated within this State should
3conform with respect to design, construction, and
4airworthiness to the standards prescribed by the United States
5Government with respect to civil aircraft subject to its
6jurisdiction and that persons engaging in aeronautics within
7this State should have the qualifications necessary for
8obtaining and holding appropriate airman certificates of the
9United States. It is desirable and right that all applicable
10fees and taxes shall be paid with respect to aircraft operated
11within this State.
12    (b) In light of the findings in subsection (a), the
13Department is authorized:
14        (1) To require the registration, every 2 years, of
15    federal licenses, certificates or permits of civil
16    aircraft engaged in air navigation within this State, and a
17    one-time registration , and of airmen engaged in
18    aeronautics within this State, and to issue certificates of
19    such registration. These certificates of registration
20    constitute the authorization of such aircraft and airmen
21    for operations within this State to the extent permitted by
22    the federal licenses, certificates or permits so
23    registered. It shall charge a fee, payable every 2 years,
24    for the registration of each federal license, certificate
25    or permit of $10 for each airman's certificate and $20 for
26    each aircraft certificate and a one-time fee of $20,



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1    payable at registration, for each airman's certificate. It
2    may accept as evidence of the holding of a federal license,
3    certificate or permit the verified application of the
4    airman or the owner of the aircraft, which application
5    shall contain such information as the Department may by
6    rule, ruling, regulation, order or decision prescribe. The
7    Department's authority to register aircraft or to issue
8    certificates of registration is limited as follows:
9            (i) Except as to any aircraft vehicle purchased
10        before March 8, 1963, the Department, in the case of
11        the first registration of any aircraft vehicle for any
12        given owner on or after March 8, 1963, may not issue a
13        certificate of registration with respect to any
14        aircraft vehicle until after the Department has been
15        satisfied that no tax under the Use Tax Act, the
16        Aircraft Use Tax Law, the Municipal Use Tax Act, or the
17        Home Rule County Use Tax Law is owing by reason of the
18        use of the vehicle in Illinois or that any tax so
19        imposed has been paid. A receipt issued under those
20        Acts by the Department of Revenue constitutes proof of
21        payment of the tax. For the purpose of this paragraph,
22        "aircraft vehicle" means a single aircraft.
23            (ii) If the proof of payment of the tax or of
24        nonliability therefor is, after the issuance of the
25        certificate of registration, found to be invalid, the
26        Department shall revoke the certificate and require



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1        that the certificate be returned to the Department.
2        (2) To classify and approve airports and restricted
3    landing areas and any alterations or extensions thereof.
4    Certificates of approval issued pursuant to this
5    paragraph, or pursuant to any prior law, shall be issued in
6    the name of the applicant and shall be transferable upon a
7    change of ownership or control of the airport or restricted
8    landing area only after approval of the Department. No
9    charge or fee shall be made or imposed for any kind of
10    certificate of approval or a transfer thereof.
11        (3) To revoke, temporarily or permanently, any
12    certificate of registration of an aircraft or airman issued
13    by it, or to refuse to issue any such certificate of
14    registration, when it shall reasonably determine that any
15    aircraft is not airworthy, or that any airman:
16            (i) is not qualified;
17            (ii) has willfully violated the laws of this State
18        pertaining to aeronautics or any rules, rulings,
19        regulations, orders, or decisions issued pursuant
20        thereto, or any Federal law or any rule or regulation
21        issued pursuant thereto;
22            (iii) is addicted to the use of narcotics or other
23        habit forming drug, or to the excessive use of
24        intoxicating liquor;
25            (iv) has made any false statement in any
26        application for registration of a federal license,



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1        certificate or permit; or
2            (v) has been guilty of other conduct, acts, or
3        practices dangerous to the public safety or the safety
4        of those engaged in aeronautics.
5    (c) The Department may refuse to issue or may suspend the
6certificate of any person who fails to file a return, or to pay
7the tax, penalty or interest shown in a filed return, or to pay
8any final assessment of tax, penalty or interest, as required
9by any tax Act administered by the Illinois Department of
10Revenue, until such time as the requirements of any such tax
11Act are satisfied.
12(Source: P.A. 92-341, eff. 8-10-01; 93-24, eff. 6-20-03.)".