Full Text of HB4444 97th General Assembly
HB4444eng 97TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning transportation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The State Finance Act is amended by adding | 5 | | Section 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 | 9 | | changing 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 | 12 | | for disbursement
by the Department pursuant to Section 38 shall | 13 | | be deposited into the Federal/State/Local Airport Fund with the | 14 | | State
Treasurer as ex-officio custodian and shall be disbursed | 15 | | upon a voucher
or order of Secretary of Transportation and paid | 16 | | by a warrant drawn by the
State Comptroller and countersigned | 17 | | by the State Treasurer. All such monies
are to be expended in | 18 | | accordance with Federal laws and rules and regulations
| 19 | | thereunder and with this Act. The Department is authorized, | 20 | | whether acting
for this State or as the agent of any of its | 21 | | municipalities or other political
subdivision, or when |
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| 1 | | requested by the United States Government or any agency
or | 2 | | department thereof, subject to section 41, disburse such monies | 3 | | for the
designated purposes, but this shall not preclude any | 4 | | other 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 | 9 | | persons
operating,
using, or traveling in, aircraft, and of | 10 | | persons and property on the
ground, and the interest of | 11 | | aeronautical progress require
that aircraft
operated within | 12 | | this State should be airworthy, that airmen should be
properly | 13 | | qualified, and that air navigation facilities should be | 14 | | suitable
for the purposes for which they are designed. The | 15 | | purposes of this
Act
require that the Department should be | 16 | | enabled to exercise the
powers of
regulation and supervision | 17 | | herein granted. The advantage of uniform
regulation makes it | 18 | | desirable that aircraft operated within this
State
should | 19 | | conform with respect to design, construction, and | 20 | | airworthiness to
the standards prescribed by the United States | 21 | | Government with respect to
civil aircraft subject to its | 22 | | jurisdiction and that persons engaging in
aeronautics within | 23 | | this State should have the qualifications necessary for
| 24 | | obtaining and holding appropriate airman certificates of the | 25 | | United States.
It is desirable and right that all applicable |
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| 1 | | fees and
taxes shall
be paid with respect to aircraft operated | 2 | | within this State.
| 3 | | (b) In light of the findings in subsection (a), the | 4 | | Department is
authorized:
| 5 | | (1) To require the registration, every 2 years, of | 6 | | 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 every
2 years, for the registration of each | 15 | | federal license, certificate or
permit of $10 for each | 16 | | 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
| 22 | | certificate of any person who fails to file a return, or to pay | 23 | | the tax,
penalty or interest shown in a filed return, or to pay | 24 | | any final assessment
of tax, penalty or interest, as required | 25 | | by any tax Act administered by the
Illinois Department of | 26 | | Revenue, until such time as the requirements of any
such tax |
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| 1 | | Act 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 | 5 | | fund.
| 6 | | (a) All moneys hereafter received by this State, or by the | 7 | | Department for
and on its behalf, under any of the laws of this | 8 | | State pertaining to
aeronautics, including, without limiting | 9 | | the generality of the foregoing,
all moneys obtained for | 10 | | certificates, permits or licenses, including except those
| 11 | | funds which are accepted by the Department held by the State | 12 | | Treasurer as ex-officio custodian under
the provisions of | 13 | | Section 40, shall be deposited in the State treasury and
set | 14 | | apart as a special fund to be known as the Federal/State/Local | 15 | | Airport Aeronautics Fund. The Federal/State/Local Airport
| 16 | | Aeronautics Fund shall be used, subject to appropriations made | 17 | | from time to
time, only for such purposes as may be specified | 18 | | under the laws, if any, of
the United States, heretofore or | 19 | | hereafter enacted or amended, providing
for federal aid in the | 20 | | establishment of public airports, and otherwise only
for the | 21 | | regulation and supervision of aeronautics in this State, and | 22 | | the
administration and enforcement of the laws of this State | 23 | | pertaining to
aeronautics.
| 24 | | (b) Notwithstanding any other provision of law, in addition | 25 | | to any other transfers that may be provided by law, on July 1, |
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| 1 | | 2012, or as soon thereafter as practical, the State Comptroller | 2 | | shall direct and the State Treasurer shall transfer the | 3 | | remaining balances from the Aeronautics Fund and the | 4 | | Federal/Local Airport Fund into the Federal/State/Local | 5 | | Airport Fund. Upon completion of the transfers, the Aeronautics | 6 | | Fund and the Federal/Local Airport Funds are dissolved and any | 7 | | future deposits due to either fund and any outstanding | 8 | | obligations or liabilities of those Funds pass to the | 9 | | Federal/State/Local Airport Fund. | 10 | | (c) On July 1, 2012, or as soon thereafter as practical, | 11 | | the State Comptroller shall order and the State Treasurer shall | 12 | | transfer $6,300,000 from the Road Fund to the | 13 | | Federal/State/Local Airport Fund. | 14 | | (Source: Laws 1957, p. 2331.)
| 15 | | Section 99. Effective date. This Act takes effect upon | 16 | | becoming law.
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