(620 ILCS 5/1) (from Ch. 15 1/2, par. 22.1)
Sec. 1. Definitions.
For the purposes of this Act, the words, terms, and phrases set forth in
Sections 2 to 23b, inclusive, shall have the meanings prescribed in such Sections
unless otherwise specifically defined, or unless another intention
clearly appears, or the context otherwise requires.
(Source: P.A. 100-863, eff. 8-14-18.)
|
(620 ILCS 5/2) (from Ch. 15 1/2, par. 22.2)
Sec. 2.
"Aeronautics" means transportation by aircraft; the operation,
construction, repair, or maintenance of aircraft, aircraft power plants and
accessories, including the repair, packing, and maintenance of parachutes;
the design, establishment, construction, extension, operation, improvement,
repair, or maintenance of airports, restricted landing areas, or other air
navigation facilities, and air instruction.
(Source: Laws 1945, p. 335.)
|
(620 ILCS 5/3) (from Ch. 15 1/2, par. 22.3)
Sec. 3.
"Aircraft" means any device
used or designed to carry humans in flight as
specified by the Department by rule. All devices required to be licensed
as "aircraft" by the Federal Aviation Administration (FAA) on the effective
date of this amendatory Act of 1995 are "aircraft". The Department may, by
rule, specify the extent to which aircraft not required to be licensed by
the FAA are subject to the provisions of this Act.
(Source: P.A. 89-345, eff. 1-1-96.)
|
(620 ILCS 5/4) (from Ch. 15 1/2, par. 22.4)
Sec. 4.
"Public Aircraft" means an aircraft used exclusively in the service
of any government or of any political subdivision thereof, including the
government of any state, territory, or possession of the United States, or
the District of Columbia, but not including any government-owned aircraft
engaged in carrying persons or property for commercial purposes.
(Source: Laws 1945, p. 335.)
|
(620 ILCS 5/5) (from Ch. 15 1/2, par. 22.5)
Sec. 5.
"Civil Aircraft" means any aircraft other than a public aircraft.
(Source: Laws 1945, p. 335.)
|
(620 ILCS 5/6) (from Ch. 15 1/2, par. 22.6)
Sec. 6.
"Airport" means any area of land, water, or both, except a
restricted landing area, which is designed for the landing and take-off of
aircraft, whether or not facilities are provided for the shelter,
servicing, or repair of aircraft, or for receiving or discharging
passengers or cargo, and all appurtenant areas used or suitable for airport
buildings or other airport facilities, and all appurtenant rights of way,
whether heretofore or hereafter established.
(Source: Laws 1945, p. 335.)
|
(620 ILCS 5/7) (from Ch. 15 1/2, par. 22.7)
Sec. 7.
"State" or "this State" means the State of Illinois; and
"Department" means the Division of Aeronautics of the Department of
Transportation of this State.
(Source: P.A. 81-840.)
|
(620 ILCS 5/8) (from Ch. 15 1/2, par. 22.8)
Sec. 8.
"Restricted area" or "restricted landing area" means any area of
land, water, or both, which is used or is made available for the landing
and takeoff of aircraft, the use of which shall, except in case of
emergency, be only as provided from time to time by the Department.
(Source: Laws 1945, p. 335.)
|
(620 ILCS 5/9) (from Ch. 15 1/2, par. 22.9)
Sec. 9.
"Air navigation facility" means any facility other than one owned
or controlled by the Federal Government, used in, available for use in, or
designed for use in, aid of air navigation, including airports, restricted
landing areas, and any structures, mechanisms, lights, beacons, marks,
communicating systems, or other instrumentalities or devices used or useful
as an aid, or constituting an advantage or convenience, to the safe
taking-off, navigation, and landing of aircraft, or the safe and efficient
operation or maintenance of an airport or restricted landing area, and any
combination of any or all of such facilities.
(Source: Laws 1945, p. 335.)
|
(620 ILCS 5/10) (from Ch. 15 1/2, par. 22.10)
Sec. 10.
"Air navigation" means the operation or navigation of aircraft in
the air space over this State, or upon any airport or restricted landing
area within this State.
(Source: Laws 1945, p. 335.)
|
(620 ILCS 5/11) (from Ch. 15 1/2, par. 22.11)
Sec. 11.
"Operation of aircraft" or "operate aircraft" means the use of
aircraft for the purpose of air navigation, and includes the navigation or
piloting of aircraft. Any person who causes or authorizes the operation of
aircraft, whether with or without the right of legal control (in the
capacity of owner, lessee, or otherwise) of the aircraft, shall be deemed
to be engaged in the operation of aircraft within the meaning of the
statutes of this State.
(Source: Laws 1945, p. 335.)
|
(620 ILCS 5/12) (from Ch. 15 1/2, par. 22.12)
Sec. 12.
"Airman" means any individual who operates or is licensed to
operate an aircraft in flight.
(Source: P.A. 90-6, eff. 6-3-97.)
|
(620 ILCS 5/13) (from Ch. 15 1/2, par. 22.13)
Sec. 13.
"Air instruction" means the imparting of aeronautical information
by any aeronautics instructor or in or by any air school or flying club.
(Source: Laws 1945, p. 335.)
|
(620 ILCS 5/14) (from Ch. 15 1/2, par. 22.14)
Sec. 14.
"Air school" means any person engaged in giving, or offering to
give, instruction, in aeronautics, either in flying or ground subjects, or
both, for or without hire or reward, and advertising, representing, or
holding himself out as giving or offering to give such instruction. It does
not include any public school or university of this State, or any
institution of higher learning duly accredited and approved for carrying on
collegiate work.
(Source: Laws 1945, p. 335.)
|
(620 ILCS 5/15) (from Ch. 15 1/2, par. 22.15)
Sec. 15.
"Aeronautics instructor" means any individual engaged in giving
instruction, or offering to give instruction, in aeronautics, either in
flying or ground subjects, or both, for hire or reward, without advertising
such occupation, without calling his facilities an "air school" or
anything
equivalent thereto, and without employing or using other instructors. It
does not include any instructor in any public school or university of this
State, or any institution of higher learning duly accredited and approved
for carrying on collegiate work, while engaged in his duties as such
instructor.
(Source: P.A. 91-357, eff. 7-29-99.)
|
(620 ILCS 5/16) (from Ch. 15 1/2, par. 22.16)
Sec. 16.
"Flying club" means any person other than an individual, which,
neither for profit nor reward, owns, leases, or uses one or more aircraft
for the purpose of instruction or pleasure or both.
(Source: Laws 1945, p. 335.)
|
(620 ILCS 5/17) (from Ch. 15 1/2, par. 22.17)
Sec. 17.
"Person" means any individual, firm, partnership, corporation,
company, association, joint stock association, public service corporation,
joint venture, or body politic; and includes any trustee, receiver, assignee,
or other similar representative thereof.
(Source: P.A. 92-341, eff. 8-10-01.)
|
(620 ILCS 5/18) (from Ch. 15 1/2, par. 22.18)
Sec. 18.
"State airway" means a route in the navigable air space over and
above the lands or water of this State, designated by the Department as a
route suitable for air navigation.
(Source: Laws 1945, p. 335.)
|
(620 ILCS 5/19) (from Ch. 15 1/2, par. 22.19)
Sec. 19.
"Navigable air space" means air space above the minimum altitudes
of flight prescribed by the laws of this State or by rules or regulations
of the Department consistent therewith.
(Source: Laws 1945, p. 335.)
|
(620 ILCS 5/20) (from Ch. 15 1/2, par. 22.20)
Sec. 20.
"Municipality" means any county, city, village, or town of this
State and any other political subdivision, public corporation, authority,
or district in this State, or any combination of two or more of the same,
which is or may be authorized by law to acquire, establish, construct,
maintain, improve, and operate airports and other air navigation
facilities.
(Source: Laws 1945, p. 335.)
|
(620 ILCS 5/21) (from Ch. 15 1/2, par. 22.21)
Sec. 21.
"Airport protection privileges" means easements through or other
interests in air space over land or water, interests in airport hazards
outside the boundaries of airports or restricted landing areas, and other
protection privileges, the acquisition or control of which is necessary to
insure safe approaches to the landing areas of airports and restricted
landing areas and the safe and efficient operation thereof.
(Source: Laws 1945, p. 335.)
|
(620 ILCS 5/22) (from Ch. 15 1/2, par. 22.22)
Sec. 22.
"Airport hazard" means any structure, object of natural growth, or
use of land, which obstructs the air space required for the flight of
aircraft in landing or taking off at any airport or restricted landing area
or is otherwise hazardous to such landing or taking off.
(Source: Laws 1945, p. 335.)
|
(620 ILCS 5/23) (from Ch. 15 1/2, par. 22.23)
Sec. 23.
"Laws of this State pertaining to aeronautics" means this Act and
all other acts of this State, as heretofore or hereafter enacted or
amended, of which the subject matter is any phase of aeronautics,
including, without limiting the generality of the foregoing, regulation,
supervision, condemnation, zoning and policing powers in connection
therewith.
(Source: Laws 1945, p. 335.)
|
(620 ILCS 5/23a) (from Ch. 15 1/2, par. 22.23a)
Sec. 23a.
"Sport parachuting" means (1) engaging in a planned and intentional jump
from an aircraft while wearing a parachute, or (2) operating an aircraft
from which a planned and intentional parachute jump is to be made by any
person.
(Source: P.A. 78-721.)
|
(620 ILCS 5/23b) (from Ch. 15 1/2, par. 22.23b)
Sec. 23b.
(1) "Sport parachutist" means any person engaging in sport
parachuting other than a novice parachutist or other person not
qualifying as a sport parachutist on the basis of ground
instruction or parachute jump experience.
(2) "Novice parachutist" means any person engaging in sport
parachuting who has received adequate ground instruction in the
techniques of parachuting but has not completed 25 parachute jumps.
(Source: P.A. 80-385.)
|
(620 ILCS 5/24) (from Ch. 15 1/2, par. 22.24)
Sec. 24.
For the purposes of this Act the singular shall include the
plural, and the plural the singular.
(Source: Laws 1945, p. 335.)
|
(620 ILCS 5/25) (from Ch. 15 1/2, par. 22.25)
Sec. 25.
Declarations.
It is hereby declared that the purpose of this Act is to further the
public interest and aeronautical progress by providing for the protection
and promotion of safety in aeronautics; by cooperating in effecting a
uniformity of the laws relating to the development and regulation of
aeronautics in the several states; by revising existing statutes relative
to the development and regulation of aeronautics so as to grant to a state
agency such powers and impose upon it such duties that the state may
properly perform its functions relative to aeronautics and effectively
exercise its jurisdiction over persons and property within such
jurisdiction, may assist in the promotion of a State-wide system of
airports, may cooperate with and assist the political subdivisions of this
State and others engaged in aeronautics, and may encourage and develop
aeronautics; by establishing uniform rules and regulations, consistent, so
far as practicable, with Federal rules and regulations, in order that those
engaged in aeronautics of every character may so engage with the least
possible restriction, consistent with their safety and with the safety and
the rights of others; and by providing for cooperation with the Federal
authorities in the development of a national system of civil aviation and
for coordination of the aeronautical activities of those authorities and
the authorities of this State by assisting in accomplishing the purposes of
federal legislation and eliminating costly and unnecessary duplication of
functions properly in the province of federal agencies.
(Source: Laws 1945, p. 335.)
|
(620 ILCS 5/25.01) (from Ch. 15 1/2, par. 22.25a)
Sec. 25.01.
This state or any political subdivision of this state is
authorized to acquire, establish, construct, own, control, lease, equip,
improve, maintain and operate airports, or restricted landing areas, or
other air navigation facilities in an adjoining state whose laws permit,
subject to the laws of such state, but subject to the laws of this state in
all matters relating to financing such projects.
(Source: Laws 1963, p. 1812.)
|
(620 ILCS 5/25.02) (from Ch. 15 1/2, par. 22.25b)
Sec. 25.02.
An adjoining state or political subdivision thereof, if the
laws of such state permit, is authorized to acquire, establish, construct,
own, control, lease, equip, improve, maintain and operate airports, or
restricted landing areas, or other air navigation facilities in this State,
subject to all laws, rules and regulations of this State applicable to such
aeronautical facilities, but subject to the laws of its own state in all
matters relating to financing such projects; provided that prior to the
commencement of proceedings for the acquisition or establishment of any
such airport, restricted landing area or other navigation facility, approval
of such acquisition or establishment has been granted by the Illinois
Secretary of Transportation.
(Source: P.A. 84-1473.)
|
(620 ILCS 5/25.03) (from Ch. 15 1/2, par. 22.25c)
Sec. 25.03.
Such adjoining state or political subdivision thereof shall
have all the rights, privileges, and duties of like political subdivisions
of this State.
(Source: P.A. 84-1473.)
|
(620 ILCS 5/25.04) (from Ch. 15 1/2, par. 22.25d)
Sec. 25.04.
Sections 25.01 to 25.03, both inclusive, shall not apply
unless the laws of such adjoining state shall permit this State and its
political subdivisions to acquire, establish, construct, own, control,
lease, equip, improve, maintain and operate airports, or restricted landing
areas, or other air navigation facilities therein, with all privileges,
rights and duties applicable to such aeronautical projects in such
adjoining state.
(Source: P.A. 84-1473.)
|
(620 ILCS 5/26) (from Ch. 15 1/2, par. 22.26)
Sec. 26.
The Department shall regulate and supervise aeronautics within
this State, subject to the provisions of this Act. The Department is
empowered and directed to encourage, foster, and assist in the development
of aeronautics in this State and to encourage the establishment of airports
and other air navigation facilities.
(Source: Laws 1945, p. 335.)
|
(620 ILCS 5/27) (from Ch. 15 1/2, par. 22.27)
Sec. 27.
Cooperation with Federal Government and others.
The Department shall cooperate with and assist the Federal Government,
the political subdivisions of this State, and other states, and others,
including private persons, engaged in aeronautics or the promotion of
aeronautics, and shall seek to coordinate the aeronautical activities of
these bodies and persons. To this end, the Department is empowered to
confer with or to hold joint hearings with any federal aeronautical agency,
and the municipalities and other political subdivisions of this State and
other states, in connection with any matter relating to aeronautics, and to
avail itself of the cooperation, services, records, and facilities of such
agencies, municipalities, and other political subdivisions, federal or
otherwise, as fully as may be practicable, in the administration and
enforcement of the laws of this State pertaining to aeronautics. The
Department shall reciprocate by furnishing to such agencies, municipalities
and other political subdivisions, federal or otherwise, its cooperation,
services, records and facilities, in so far as may be practicable.
(Source: P.A. 92-341, eff. 8-10-01.)
|
(620 ILCS 5/27.01) (from Ch. 15 1/2, par. 22.27a)
Sec. 27.01.
The Department, in addition to the other powers and duties
conferred upon it by law, is authorized and directed to supervise and to
coordinate within and for the State of Illinois emergency or civil defense
measures relating to civil aircraft, airmen, and facilities other than
those of air carriers principally engaged in interstate commerce made
necessary as a result of any severe storm or other emergency or disaster or
as a result of partial or complete mobilization to meet threatened or
actual military attack or invasion. Any such supervision and coordination
shall be consistent with and in implementation of any statewide plan
promulgated by competent State authorities for any such situation.
(Source: Laws 1951, p. 983.)
|
(620 ILCS 5/27.02)
Sec. 27.02.
Assistance to Civil Air Patrol.
The Department may provide
support and assistance to the Civil Air Patrol in the form of money, equipment,
personnel, materials, office or hangar space, services, or other contributions
the Department may find to be appropriate. This support and assistance may be
in the nature of a loan or an outright grant, and may be either temporary or
permanent. Other State agencies may participate with the Department in
providing support and assistance under the Intergovernmental Cooperation Act.
(Source: P.A. 89-157, eff. 1-1-96.)
|
(620 ILCS 5/28) (from Ch. 15 1/2, par. 22.28)
Sec. 28.
Rules,
rulings, regulations, decisions, orders and standards.
In exercising its powers and performing its functions under the laws of
this State pertaining to aeronautics, the Department may perform such acts,
issue, amend, change, abrogate or rescind such decisions and orders,
prescribe such forms, and make, promulgate, and amend, change, abrogate or
rescind such reasonable general or special rules, rulings, regulations, and
procedure, and establish such minimum standards, as may be necessary,
commensurate with and for the purpose of protecting and insuring the
general public interest and safety, the safety of persons receiving
instruction concerning, or operating, using or traveling in, aircraft, and
of persons and property on land or water, and to develop and promote
aeronautics in this State. No rule, ruling, regulation, decision or order
of the Department shall apply to airports or other air navigation
facilities owned or controlled by the Federal Government within this State.
(Source: Laws 1945, p. 335.)
|
(620 ILCS 5/29) (from Ch. 15 1/2, par. 22.29)
Sec. 29.
Conformity to federal legislation and rules.
All rules, rulings, regulations, orders and decisions prescribed by the
Department pursuant to the laws of this State pertaining to aeronautics,
shall be kept in conformity, as nearly as may be, with the then current
federal legislation governing aeronautics and the regulations duly
promulgated thereunder and rules and standards issued from time to time
pursuant thereto.
(Source: Laws 1945, p. 335.)
|
(620 ILCS 5/30) (from Ch. 15 1/2, par. 22.30)
Sec. 30.
Filing
of rules.
The Department shall keep on file with the Secretary of State, and at
the principal office of the Department, a copy of all its rules and
regulations, for public inspection.
(Source: Laws 1945, p. 335.)
|
(620 ILCS 5/31) (from Ch. 15 1/2, par. 22.31)
Sec. 31.
State airport plan.
The Department may designate, design, and establish, expand or modify a
State airport plan which will best serve the
interests of the State, with due regard for the following factors; the
present and future needs of foreign, inter-state and intra-state air
commerce and air transportation; the present and future needs of foreign,
inter-state and intra-state private flying; the existing and contemplated
air navigation facilities, including those owned or controlled or to be
owned or controlled by the Federal Government; the then current national
airport plan and federal airways system; and the avoidance of unnecessary
or unreasonable interference or conflict, on the part of airports, airport
plans and restricted landing areas, with existing important or essential
facilities, or buildings devoted to the public use. The Department may
chart such State airport plan and arrange for
publication and distribution of maps, charts, notices and bulletins
relating thereto, as may be required in the public interest. To the extent
practicable, the State airport plan shall be
integrated with or supplementary to and coordinated in design and operation
with the National airport plan and the Federal airways system, as the same
may be revised from time to time. The State airport plan may include all types
of air navigation facilities, whether publicly
or privately owned, provided such facilities conform to federal safety
standards.
(Source: P.A. 92-341, eff. 8-10-01.)
|
(620 ILCS 5/32) (from Ch. 15 1/2, par. 22.32)
Sec. 32.
Technical services to municipalities.
The Department may, to such extent as it may deem reasonable, offer, in
an advisory capacity, the engineering or other technical services and
facilities of the Department, and such services and facilities as may be
supplied to it by other Departments of the State, without charge, to any
municipality or political subdivision desiring them in connection with the
construction, maintenance or operation or proposed construction,
maintenance, or operation of an airport or restricted landing area;
provided, the Department may charge for such engineering or other technical
services and facilities when payment for such services and facilities or
reimbursement therefor is made by the United States Government, or any
agency or Department thereof, and the payment or reimbursement therefor
will not result in a decrease in the amount of money or funds otherwise
payable by the United States Government to the municipality or political
subdivision requesting such services and facilities; provided further that
the Department shall not furnish to municipalities or political
subdivisions the engineering services normally provided by consulting
engineers to municipalities or political subdivisions.
(Source: Laws 1963, p. 1452.)
|
(620 ILCS 5/33) (from Ch. 15 1/2, par. 22.33)
Sec. 33.
Enforcement of aeronautics laws.
It shall be the duty of the Department, its officers, and such of its
employees as are designated by it to do so, to enforce and assist in the
enforcement of all laws of this State pertaining to aeronautics, and of all
rules, rulings, regulations, orders and decisions issued by the Department
pursuant thereto, and, in aid of such enforcement, general police powers
are hereby conferred upon the Department, each of its officers, and such of
its employees as are designated by it to exercise such powers. It shall
also be the duty of every State, county and municipal officer charged with
the enforcement of State and municipal laws to enforce and assist in the
enforcement of all laws of this State pertaining to aeronautics.
(Source: Laws 1945, p. 335.)
|
(620 ILCS 5/34) (from Ch. 15 1/2, par. 22.34)
Sec. 34. Financial assistance to municipalities and others. The Department, subject to the provisions of Section 41 of this Act,
may render financial assistance in the planning, construction, reconstruction,
extension, development, and improvement of air navigation facilities
including acquisition of land, rights in land, easements including
avigation easements necessary for clear zones or clear areas, costs of
obstruction removal and airport approach aids owned, controlled, or
operated, or to be owned, controlled, or operated by municipalities,
other political subdivisions of this State, or privately owned commercially
operated airports in Illinois, out of appropriations made by
the General Assembly for any such purpose.
The
Department shall not render such financial assistance in connection with
the planning, construction, reconstruction, extension, development or
improvement of
hangars or other airport buildings, or in connection with the subsequent
operation or maintenance of such air navigation facilities unless such facilities are for public use, publicly owned, and of public benefit. As used in this Section, "of public benefit" includes aircraft hangars, fixed-based operator buildings, and aircraft maintenance buildings at nonprimary airports included within the State Airport Plan. The municipality, other political subdivision, or
privately owned commercially operated airports in Illinois,
to which such financial assistance is being extended by the Department,
before such financial assistance is given, shall satisfy the Department
that (a) such air navigation facility will be owned or effectively
controlled, operated, repaired and maintained adequately during its full
useful life, for the benefit of the public, and (b) in connection with
the operation of such air navigation facility, during its full useful
life, the public will not be deprived of its rightful, fair, equal and
uniform use thereof. The owners and operators of an airport receiving
financial assistance under
this Act must adequately control, operate, repair, and maintain the airport
during its full useful life for the benefit of the public. The owners and
operators of an airport receiving financial assistance must ensure that the
public will not be deprived of its rightful, fair, equal, and uniform use of
the airport during its full useful life. For the purposes of this paragraph,
the full useful life of an airport is not less than 20 years after the
financial assistance is received by the owners and operators of the airport.
Nothing in this Section, however,
imposes any obligation
that is inconsistent with any judgment, order, injunction, or decree
of any court that
was rendered before the effective date of this amendatory Act of the 92nd
General Assembly.
Any commercial airport, in order to qualify under the provisions of this
Section must be included in the State Airport Plan as prepared or revised
from time to time by the Illinois Department of Transportation. In the
case of commercial public use airports which are not publicly owned airports,
no such development or planning may be proposed except in connection with
reliever airports included in the current National Airport System Plan.
Improvements to privately owned commercial airports qualifying under this
Section shall be contracted for and constructed or developed under the
supervision
or direction of the Department or such other Department, agency, officer
or employee of this State as the Department may designate.
If a privately owned commercially operated airport receives assistance
under this Section and ceases operations before the predetermined life of
the improvements made with such assistance, the State shall be reimbursed for
the unused
portion of such predetermined life and such claim shall be a lien on the
airport property.
(Source: P.A. 102-313, eff. 1-1-22.)
|
(620 ILCS 5/34a) (from Ch. 15 1/2, par. 22.34a)
Sec. 34a.
Financial assistance under Section 34 may also include reimbursement
to eligible airport sponsors for the construction or upgrading of Automated Weather Observation Systems (AWOS) financed in whole or in part by State monies. Costs of constructing or upgrading Automated Weather Observation Systems prior to the effective date of this amendatory Act of the 98th General Assembly are eligible for State reimbursements provided that all required State procedures were followed at the time the project was approved by the Department. Financial assistance under Section 34 may also include reimbursements to eligible airport sponsors for land acquisition costs directly related
to projects financed either in whole or in part by federal and State monies,
and for engineering and construction costs directly related to projects financed in whole
or in part by State monies; provided, (1) such engineering, construction, or land acquisition
costs were approved by the Department prior to the payment of these costs
by the airport sponsor, (2) no State or federal monies have previously
been expended for such purposes on such projects, and (3) no State monies
shall be expended as reimbursement on any project for engineering or land
acquisition unless construction costs for that project are funded by the
State. Approval of engineering, construction, or land acquisition costs by the Department
prior to the payment of such costs by
an airport sponsor shall qualify those costs for State reimbursement but
shall not constitute an obligation of State funds in consideration of available appropriation and eligibility of appropriation. Costs of land acquisition
by airport sponsors prior to the effective date of this amendatory act
of 1982 are qualified for State reimbursement provided all federal and State
procedures were followed at the time of acquisition.
(Source: P.A. 102-313, eff. 1-1-22.)
|
(620 ILCS 5/34b)
Sec. 34b. Airport Land Loan Program.
(a) The Department may make loans to public airport owners for the purchase
of any real estate interests as may be needed for essential airport purposes,
including future needs, subject to the following conditions:
(1) loans may be made only to public airport owners | ||
| ||
(2) loans may not be made for airports that provide | ||
| ||
The loans are payable from the Airport Land Loan Revolving Fund, subject
to appropriation. All repayments of loans made pursuant to this Section,
including interest thereon and penalties, shall be deposited in the Airport
Land Loan Revolving Fund. The Treasurer shall deposit all investment earnings
arising from balances in the Airport Land Loan Revolving Fund in that Fund.
(b) All loans under this Section shall be made by contract between the
Department and the public airport owner, which contract shall include the
following provisions:
(1) The annual rate of interest shall be the lesser | ||
| ||
(2) The term of any loan shall not exceed five years, | ||
| ||
(3) Loan payments shall be scheduled in equal amounts | ||
| ||
(4) The period of loan payments shall be annual, | ||
| ||
(5) The loan shall be secured with the land | ||
| ||
(6) If the loan payment is not made within 15 days | ||
| ||
(7) As soon as a loan is considered in default, the | ||
| ||
(c) The Department may promulgate any rules that it finds appropriate to
implement this Airport Land Loan Program.
(d) The Airport Land Loan Revolving Fund is created in the State Treasury.
(Source: P.A. 94-793, eff. 5-19-06.)
|
(620 ILCS 5/35) (from Ch. 15 1/2, par. 22.35)
Sec. 35.
Authority to contract.
The Department may enter into any contracts on behalf of the State, and
is authorized and empowered to carry out and perform any such contracts so
entered into by it.
(Source: Laws 1945, p. 335.)
|
(620 ILCS 5/36) (from Ch. 15 1/2, par. 22.36)
Sec. 36.
Right to enter upon the land, buildings and structures of others.
In exercising its powers and performing its functions under the laws of
this State pertaining to aeronautics, and the rules, rulings, regulations,
orders and decisions issued pursuant thereto, the Department, each officer
thereof, and each employee designated by it, and such other departments,
agencies, representatives, officers and employees of this State and of the
municipalities
and other political subdivisions thereof as may be designated by it, or who
are charged with the enforcement of the laws of this State pertaining to
aeronautics, whether or not designated by the Department to do so, shall
have the right to enter upon the land within this State of any person,
municipality or other political subdivision and enter the buildings and
structures thereon for the purposes, when and to the extent that their duty
so requires, of making surveys, ascertaining necessary facts, and making
investigations relating to the State airport plan, a proposed or existing air navigation facility, any airport
hazard, the obtaining of airport protection privileges, the establishment
of zoning areas, the investigation of accidents concerning aircraft in this
State, the condemning of property, the investigation of any violation of
the laws of this State pertaining to aeronautics and the rules, rulings,
regulations, orders and decisions issued pursuant thereto, and for any
other purpose within the purview of the laws of this State pertaining to
aeronautics and the rules, rulings, regulations, orders and decisions
issued pursuant thereto; provided that such entry shall occur at reasonable
times and with due regard for the safety of the owner, persons in
possession or occupants thereof, and the protection of the buildings,
structures, crops, or personal property located thereon; provided, further,
that in the event any damage may be caused by virtue of any such entry, the
Department may pay, as compensation, the amount of said damage as
determined by it, in full satisfaction thereof, within the limits of
available appropriations, or, if the Department does not pay the amount of
any such damage, the person claiming compensation therefor may file his
claim in connection therewith in the Court of Claims of this State.
(Source: P.A. 92-341, eff. 8-10-01.)
|
(620 ILCS 5/37) (from Ch. 15 1/2, par. 22.37)
Sec. 37.
Federal aid-Cooperation with government.
Subject to the provisions of Section 41, the Department is authorized
to cooperate with the Government of the United States, and any agency,
department, or officer thereof, in the acquisition, construction,
development, improvement, operation or maintenance of air navigation
facilities in this State, and to comply with the provisions of the laws of
the United States and any rules or regulations made thereunder for the
expenditure of Federal monies upon such air navigation facilities.
(Source: Laws 1945, p. 335.)
|
(620 ILCS 5/38) (from Ch. 15 1/2, par. 22.38)
Sec. 38.
Authority to receive Federal moneys for State and
municipalities. Subject to the provisions of Section 41, the Department is
authorized to accept and receive Federal
moneys, and other moneys,
either public or private, for and on behalf of this State, or any
municipality or other political subdivision thereof, at the request of such
municipality or political subdivision, for the acquisition, construction,
development, improvement, operation and maintenance of air navigation
facilities in this State, whether such work is to be done by the State or
by such municipalities or other political subdivisions, or jointly, aided
by grants of aid from the United States, upon such terms and conditions as
are or may be prescribed by the laws of the United States and any rules or
regulations made thereunder, and it is authorized to act as agent of any
municipality or other political subdivision of this State upon the request
of such municipality or political subdivision (or upon designation by such
municipality or political subdivision pursuant to Section 38.01), in
accepting and receiving those moneys on its behalf for air
navigation facility purposes, and in contracting for the acquisition,
construction, development, improvement, operation and maintenance of air
navigation facilities in this State, financed either in whole or in part by
Federal monies, and the governing body of any such municipality or other
political subdivision is authorized to designate the Department as its
agent for such purposes and to enter into an agreement with it prescribing
the terms and conditions of such agency in accordance with Federal laws,
rules, and regulations and with this act. Such monies as are paid over by
the United States Government shall be retained by the State or paid over to
said municipalities or other political subdivisions under such terms and
conditions as may be imposed by the United States Government in making such
grants.
(Source: P.A. 92-341, eff. 8-10-01.)
|
(620 ILCS 5/38.01) (from Ch. 15 1/2, par. 22.38a)
Sec. 38.01. Project applications.
(a) No municipality or political subdivision in this State, whether
acting alone or jointly with another municipality or political subdivision
or with the State, shall submit any project application under the provisions of
the Airport and Airway Improvement Act of
1982, or any amendment
thereof, unless the project and the project application have been first
approved by the Department. Except as provided in subsections (b) or (c) below, no such municipality or political subdivision
shall directly accept, receive, or disburse any funds granted
by the United States under the Airport and Airway Improvement Act of 1982,
but it shall designate the Department as its agent to accept,
receive, and disburse such funds, provided further, however, nothing
in this Section shall be construed to prohibit the following: (1) Any municipality or any political subdivision of | ||
| ||
(2) Any municipality or any political subdivision | ||
| ||
It shall enter into an
agreement with the Department prescribing the terms and conditions of
such agency in accordance with federal laws, rules and regulations and
applicable laws of this State.
This
subsection (a) does not apply to any project application submitted in
connection with the O'Hare
Modernization Program as defined in Section 10 of the O'Hare Modernization Act, with O'Hare International Airport, or with Midway International Airport.
(b) The City of Chicago may submit a project
application
under the provisions of the Airport and Airway Improvement Act of 1982,
as now or hereafter amended, or any other federal law providing for airport
planning or
development, if the application
is submitted in connection with (i) the O'Hare Modernization Program as defined in
Section 10 of
the O'Hare Modernization Act, (ii) O'Hare International Airport, or (iii) Midway International Airport; and the City may directly accept,
receive, and
disburse any such funds. (c) Any federal money awarded to airports in the State under the Airport and Airway Improvement Act of 1982, or any amendment thereof, that includes project applications approved by the Department where the Department is designated as the agent to accept, receive, and disburse such funds shall also include a State match to the local share of the application for all costs eligible under the Airport and Airway Improvement Act of 1982, or any amendment thereof, subject to the provisions of Section 34 and Section 41 of this Act and available eligible appropriation.
(Source: P.A. 102-313, eff. 1-1-22.)
|
(620 ILCS 5/39) (from Ch. 15 1/2, par. 22.39)
Sec. 39.
Contracts--Law governing.
Subject to the provisions of Section 41, all contracts for the
acquisition, construction, development, improvement, operation and
maintenance of air navigation facilities in this State made by the
Department, with the exception of the construction of military housing as
part of an agreement with the U.S. Air Force to rebuild Cardinal Creek
Housing and 2 grade schools as it relates to the Scott Joint-Use Airport in
St. Clair County, which shall be the responsibility of St. Clair County
utilizing building and bidding procedures as it deems appropriate, either
on behalf of this State or as the agent of any
municipality or other political subdivision, when acting at the express
request of such municipality or other political subdivision, shall be
awarded, made and entered into as are contracts for the performance of
State work or for the construction of improvements constructed by the State
of Illinois; provided, however, that where the acquisition, construction,
development, improvement, operation and maintenance of any air navigation
facility is financed wholly or partially with Federal monies, the
Department, in behalf of the State or of any municipality or other
political subdivision thereof, may let contracts and cause the performance
thereof in the manner prescribed by the Federal authorities, acting under
the laws of the United States, and any rules or regulations made
thereunder, notwithstanding any other State law to the contrary.
(Source: P.A. 87-1113.)
|
(620 ILCS 5/40) (from Ch. 15 1/2, par. 22.40) Sec. 40. Disposition of federal funds. All monies accepted for disbursement by the Department pursuant to Section 38 shall be deposited into the Federal/State/Local Airport Fund, which is established as a federal trust fund in the State treasury to be held by the State Treasurer as ex officio custodian. Moneys in the Federal/State/Local Airport Fund shall be disbursed upon a voucher or order of Secretary of Transportation and paid by a warrant drawn by the State Comptroller and countersigned by the State Treasurer. All such monies are to be expended in accordance with Federal laws and rules and regulations thereunder and with this Act. The Department is authorized, whether acting for this State or as the agent of any of its municipalities or other political subdivision, or when requested by the United States Government or any agency or department thereof, subject to Section 41, disburse such monies for the designated purposes, but this shall not preclude any other authorized method of disbursement.(Source: P.A. 103-588, eff. 6-5-24.) |
(620 ILCS 5/41) (from Ch. 15 1/2, par. 22.41)
Sec. 41.
The Department shall not expend any funds appropriated, or made
available, by this State for the planning, acquisition, construction, reconstruction,
extension, development, improvement, operation and maintenance of air
navigation facilities within this State upon any project which is not
included in the State airport plan or in the State airways system, as
prepared or revised from time to time by the Department, or for any work
upon any such project that is not contracted for and constructed or
developed under the supervision or direction of the Department or such
other department, agency, officer or employee of this State as the
Department may designate for such purpose.
(Source: P.A. 82-978.)
|
(620 ILCS 5/42) (from Ch. 15 1/2, par. 22.42)
Sec. 42. Regulation of aircraft, airmen, and airports.
(a) The general public interest and safety, the safety of persons
operating,
using, or traveling in, aircraft, and of persons and property on the
ground, and the interest of aeronautical progress require
that aircraft
operated within this State should be airworthy, that airmen should be
properly qualified, and that air navigation facilities should be suitable
for the purposes for which they are designed. The purposes of this
Act
require that the Department should be enabled to exercise the
powers of
regulation and supervision herein granted. The advantage of uniform
regulation makes it desirable that aircraft operated within this
State
should conform with respect to design, construction, and airworthiness to
the standards prescribed by the United States Government with respect to
civil aircraft subject to its jurisdiction and that persons engaging in
aeronautics within this State should have the qualifications necessary for
obtaining and holding appropriate airman certificates of the United States.
It is desirable and right that all applicable fees and
taxes shall
be paid with respect to aircraft operated within this State.
(b) In light of the findings in subsection (a), the Department is
authorized:
(1) To require the registration, every 2 years, of | ||
| ||
(i) Except as to any aircraft vehicle purchased | ||
| ||
(ii) If the proof of payment of the tax or of | ||
| ||
(2) To classify and approve airports and restricted | ||
| ||
(3) To revoke, temporarily or permanently, any | ||
| ||
(i) is not qualified;
(ii) has willfully violated the laws of this | ||
| ||
(iii) is addicted to the use of narcotics or | ||
| ||
(iv) has made any false statement in any | ||
| ||
(v) has been guilty of other conduct, acts, or | ||
| ||
(c) The Department may refuse to issue or may suspend the
certificate of any person who fails to file a return, or to pay the tax,
penalty or interest shown in a filed return, or to pay any final assessment
of tax, penalty or interest, as required by any tax Act administered by the
Illinois Department of Revenue, until such time as the requirements of any
such tax Act are satisfied.
(d) The Department shall require the display of an POW/MIA flag at any airport in its jurisdiction, either upon the same flagstaff as the United States national flag or otherwise. If the POW/MIA flag is displayed on the same flagstaff as the United States flag, the POW/MIA flag shall fly immediately below the United States flag. If the United States flag and a State flag or other flag or pennant is flown along with the POW/MIA flag on the same flagstaff, the order from top to bottom shall be: the United States flag, the POW/MIA flag, then the State flag or other flags, unless otherwise stipulated by the Flag Display Act. (Source: P.A. 101-538, eff. 8-23-19.)
|
(620 ILCS 5/42-a) (from Ch. 15 1/2, par. 22.42a)
Sec. 42-a.
(Repealed).
(Source: Laws 1951, p. 984. Repealed by P.A. 90-6, eff. 6-3-97.)
|
(620 ILCS 5/42-b) (from Ch. 15 1/2, par. 22.42b)
Sec. 42-b.
(Repealed).
(Source: P.A. 79-606. Repealed by P.A. 90-6, eff. 6-3-97.)
|
(620 ILCS 5/42-c) (from Ch. 15 1/2, par. 22.42c)
Sec. 42-c.
(Repealed).
(Source: Laws 1951, p. 984. Repealed by P.A. 90-6, eff. 6-3-97.)
|
(620 ILCS 5/42-d) (from Ch. 15 1/2, par. 22.42d)
Sec. 42-d.
(Repealed).
(Source: Laws 1949, p. 329. Repealed by P.A. 90-6, eff. 6-3-97.)
|
(620 ILCS 5/42-e) (from Ch. 15 1/2, par. 22.42e)
Sec. 42-e.
(Repealed).
(Source: Laws 1949, p. 329. Repealed by P.A. 90-6, eff. 6-3-97.)
|
(620 ILCS 5/42-f) (from Ch. 15 1/2, par. 22.42f)
Sec. 42-f.
(Repealed).
(Source: Laws 1949, p. 329. Repealed by P.A. 90-6, eff. 6-3-97.)
|
(620 ILCS 5/42-g) (from Ch. 15 1/2, par. 22.42g)
Sec. 42-g.
(Repealed).
(Source: Laws 1949, p. 329. Repealed by P.A. 90-6, eff. 6-3-97.)
|
(620 ILCS 5/42-h) (from Ch. 15 1/2, par. 22.42h)
Sec. 42-h.
(Repealed).
(Source: Laws 1949, p. 329. Repealed by P.A. 90-6, eff. 6-3-97.)
|
(620 ILCS 5/42-i) (from Ch. 15 1/2, par. 22.42i)
Sec. 42-i.
(Repealed).
(Source: Laws 1949, p. 329. Repealed by P.A. 90-6, eff. 6-3-97.)
|
(620 ILCS 5/42-j) (from Ch. 15 1/2, par. 22.42j)
Sec. 42-j.
(Repealed).
(Source: P.A. 79-208. Repealed by P.A. 90-6, eff. 6-3-97.)
|
(620 ILCS 5/42-k) (from Ch. 15 1/2, par. 22.42k)
Sec. 42-k.
(Repealed).
(Source: Laws 1951, p. 984. Repealed by P.A. 90-6, eff. 6-3-97.)
|
(620 ILCS 5/42-l) (from Ch. 15 1/2, par. 22.42l)
Sec. 42-l.
(Repealed).
(Source: Laws 1949, p. 329. Repealed by P.A. 90-6, eff. 6-3-97.)
|
(620 ILCS 5/42-m) (from Ch. 15 1/2, par. 22.42m)
Sec. 42-m.
(Repealed).
(Source: P.A. 81-840. Repealed by P.A. 90-6, eff. 6-3-97.)
|
(620 ILCS 5/42-n) (from Ch. 15 1/2, par. 22.42n)
Sec. 42-n.
(Repealed).
(Source: Laws 1949, p. 329. Repealed by P.A. 90-6, eff. 6-3-97.)
|
(620 ILCS 5/42-o) (from Ch. 15 1/2, par. 22.42o)
Sec. 42-o.
(Repealed).
(Source: P.A. 79-1361. Repealed by P.A. 90-6, eff. 6-3-97.)
|
(620 ILCS 5/42.1) Sec. 42.1. Regulation of unmanned aircraft systems. (a) As used in this Section: "Unmanned aircraft" means a device used or intended to be used for flight in the air that is operated without the possibility of direct human intervention within or on the device. "Unmanned aircraft system" means an unmanned aircraft and its associated elements, including communication links and the components that control the unmanned aircraft, that are required for the safe and efficient operation of the unmanned aircraft in the National Airspace System. (b) Except as otherwise provided in this Section, to the extent that State-level oversight does not conflict with federal laws, rules, or regulations, the regulation of an unmanned aircraft system is an exclusive power and function of the State. No unit of local government, including home rule unit, may enact an ordinance or resolution to regulate unmanned aircraft systems. This Section is a denial and limitation of home rule powers and functions under subsection (h) of Section 6 of Article VII of the Illinois Constitution. This Section does not apply to any local ordinance enacted by a municipality of more than 1,000,000 inhabitants. (b-5) Nothing in this Section shall be construed to deny a unit of local government the right to adopt reasonable rules related to the use by a private party of airspace that is above ground level of public property owned or controlled by that unit of local government. This subsection applies to publicly owned or controlled property that is intended or permitted to be used for recreational or conservation purposes, including, but not limited to, parks, playgrounds, aquatic facilities, wildlife areas, or other recreational facilities. Reasonable rules adopted pursuant to this subsection shall not supersede any administrative rules adopted by the Department or any federal laws, rules, or regulations. (c) Nothing in this Section shall infringe or impede any current right or remedy available under existing State law. (d) The Department may adopt any rules that it finds appropriate to address the safe and legal operation of unmanned aircraft systems in this State, so that those engaged in the operation of unmanned aircraft systems may so engage with the least possible restriction, consistent with their safety and with the safety and the rights of others, and in compliance with federal rules and regulations. (Source: P.A. 103-925, eff. 8-9-24.) |
(620 ILCS 5/43) (from Ch. 15 1/2, par. 22.43)
Sec. 43.
Operations unlawful without license or certificate.
Except as hereinafter provided, when such registration is required by
the Department, it shall be unlawful for any person to operate or cause or
authorize to be operated any civil aircraft within this State unless such
aircraft has an appropriate effective license, certificate or permit issued
by the United States Government for which a certificate of registration has
been issued by the Department which is in full force and effect, and it
shall be unlawful for any person to engage in aeronautics as an airman in
this State unless he has obtained from the Department a certificate of
registration of an appropriate effective airman's license, certificate or
permit issued by the United States Government authorizing him to engage in
the particular class of aeronautics in which he is engaged, which
certificate of registration is in full force and effect.
Aircraft and airmen that are not required to be licensed, certificated, or
permitted by the United States government and that have not received a license,
certificate, or permit are not required to register with the Department before
engaging in aeronautics in Illinois.
(Source: P.A. 92-341, eff. 8-10-01.)
|
(620 ILCS 5/43a) (from Ch. 15 1/2, par. 22.43a)
Sec. 43a.
Joy
riding.)
No person shall operate or cause or authorize to be operated any civil
aircraft within this State without the owner's consent.
Whoever violates this Section is guilty of a Class A misdemeanor.
(Source: P.A. 79-208.)
|
(620 ILCS 5/43b) (from Ch. 15 1/2, par. 22.43b)
Sec. 43b.
Dropping objects from aircraft.
No person while operating or riding in any type of aircraft shall cause
to be dropped therefrom, any object used to publicize or advertise any
product, service, activity or event, including circulars, posters,
handbills or other advertising matter. No person or owner or lessee while
operating or riding in any type of aircraft may cause to be dropped
therefrom any other object unless he applies for, on forms prescribed and
furnished by the Department, and receives from the Department a dropping
permit specifying the name and address of the person authorized to make the
drop; the date, time and place for which the drop is authorized to be made
and the object authorized to be dropped.
Any person who violates this Section is guilty of a Class A misdemeanor.
This Section does not prohibit the otherwise lawful use of aircraft for
crop dusting and other activities in aid of agriculture.
(Source: P.A. 77-2312.)
|
(620 ILCS 5/43d) (from Ch. 15 1/2, par. 22.43d)
Sec. 43d. Intoxicated persons in or about aircraft.
(a) No person shall:
(1) Operate or attempt to operate any aircraft in | ||
| ||
(2) Knowingly permit any individual who is under the | ||
| ||
(3) Perform any act in connection with the | ||
| ||
(4)(i) Consume alcoholic liquor within 8 hours prior | ||
| ||
(ii) Act as a crew member of any aircraft within this | ||
| ||
(iii) Operate any aircraft within this State when the | ||
| ||
(iv) Operate or act as a crew member of any aircraft | ||
| ||
(5) Knowingly consume while a crew member of any | ||
| ||
(b) Any person who violates clause (4)(i) of subsection (a) of this Section
is guilty
of a Class A misdemeanor.
A person who violates paragraph (2), (3), or (5) or clause (4)(ii) of
subsection (a) of this Section is guilty of a Class 4 felony. A person who
violates paragraph (1) or clause (4)(iii) or (4)(iv) of subsection (a) of this
Section is guilty of a Class 3 felony.
(Source: P.A. 98-756, eff. 7-16-14; 99-697, eff. 7-29-16.)
|
(620 ILCS 5/43e) (from Ch. 15 1/2, par. 22.43e)
Sec. 43e.
(a) Any person who operates, is in actual physical control
or who acts as a crew member of any aircraft in this State shall be deemed
to have given consent, subject to the provisions of Section 11-501.2 of the
Illinois Vehicle Code, to a chemical test or tests of blood, breath, other bodily substance, or
urine for the purpose of determining the alcohol, other drug, or
combination thereof content of the person's blood if arrested or upon
request by any law enforcement officer where the officer has probable cause
to believe the person is in violation of Section 43d of this Act. The test
or tests shall be administered at the direction of the arresting law
enforcement officer and the agency employing the officer shall designate
which of the tests specified in this Section shall
be administered.
(b) Any person who is dead, unconscious or who is otherwise in a
condition rendering the person incapable of refusal, shall be deemed not
to have withdrawn the consent provided by paragraph (a) of this Section,
and the test or tests may be administered, subject to the provisions of
Section 11-501.2 of the Illinois Vehicle Code.
(c) If the person refuses testing or submits to a test which discloses
an alcohol concentration of 0.04 or more or discloses the presence of any
illegal drug the law enforcement officer shall immediately submit a sworn
report containing that information to the Federal Aviation Administration,
Civil Aeronautics Board or any other federal agency responsible for the
licensing of pilots and crew members. The test results shall, in addition,
be made available to any agency responsible for relicensing or recertifying
any pilot or crew member.
(Source: P.A. 99-697, eff. 7-29-16.)
|
(620 ILCS 5/44) (from Ch. 15 1/2, par. 22.44)
Sec. 44.
Exceptions to registration requirements.)
The provisions of paragraph (1) of Section 42 and Section 43 shall not
apply to:
(1) An aircraft which has been licensed by a foreign country with which
the United States has a reciprocal agreement covering the operations of
such licensed aircraft;
(2) An aircraft which is owned by a nonresident of the State who is
lawfully entitled to operate such aircraft in the state of his residence;
(3) An aircraft engaged principally in commercial flying constituting an
act of interstate or foreign commerce, and an aircraft while being
transported to and from, or while in the possession of, or while being
demonstrated to a bona fide prospective purchaser by a bona fide
manufacturer, distributor or dealer in aircraft;
(4) An airman operating military or public aircraft, or any aircraft
licensed by a foreign county with which the United States has a
reciprocal agreement covering the operation of such licensed aircraft;
(5) Persons operating model aircraft nor to any person piloting an
aircraft which is equipped with fully functioning dual controls when an
instructor is in full charge of one set of controls and such flight is
solely for instruction or for the demonstration of the aircraft to a bona
fide prospective purchaser;
(6) A non-resident operating aircraft in this State who is lawfully
entitled to operate aircraft in the state of his residence;
(7) An airman while operating or taking part in the operation of an
aircraft engaged principally in commercial flying constituting an act of
interstate or foreign commerce;
(8) An aircraft registered and regulated by the Illinois Aeronautics Board.
(Source: P.A. 79-333.)
|
(620 ILCS 5/44a) (from Ch. 15 1/2, par. 22.44a)
Sec. 44a.
(Repealed).
(Source: Laws 1963, p. 1834. Repealed by P.A. 90-6, eff. 6-3-97.)
|
(620 ILCS 5/45) (from Ch. 15 1/2, par. 22.45)
Sec. 45.
Exhibition of licenses and certificates.
The federal license, certificate, or permit, and the evidence of
registration in this or another state, if any, required for an airman shall
be kept in the personal possession of the airman when he is operating
within this State and must be presented for inspection upon the demand of
any passenger, or any peace officer of this State, any officer or
authorized employee of the Department, or any official, manager or person
in charge of any airport in this State upon which he shall land, or upon
the reasonable request of any other person. The federal aircraft license,
certificate, or permit, and the evidence of registration in this or another
state, if any, required for aircraft must be carried in every aircraft
operating in this State at all times and must be conspicuously posted
therein where it may readily be seen by passengers or inspectors and must
be presented for inspection upon the demand of any passenger, any peace
officer of this State, any officer or authorized employee of the
Department, or any official, manager, or person in charge of any airport in
this State upon which it shall land, or upon the reasonable request of any
person.
(Source: Laws 1945, p. 335.)
|
(620 ILCS 5/46) (from Ch. 15 1/2, par. 22.46)
Sec. 46.
When
instruction unlawful.
When the Department requires the registration of federal licenses,
certificates or permits, or the obtaining of certificates of approval,
under paragraphs (1) or (2) of Section 42, it shall be unlawful to
operate an air school or to give instructions in flying or ground subjects
in this State, without first registering such federal licenses,
certificates or permits, or obtaining such certificates of approval, as may
be required by the Department pursuant to paragraphs (1) or (2) of Section
42.
(Source: Laws 1945, p. 335.)
|
(620 ILCS 5/47) (from Ch. 15 1/2, par. 22.47)
Sec. 47. Operation without certificate of approval unlawful;
applications. An application for a certificate of approval of an
airport or restricted landing area, or the alteration or extension
thereof, shall set forth, among other things, the location of all
railways, mains, pipes, conduits, wires, cables, poles and other
facilities and structures of public service corporations or municipal or
quasi-municipal corporations, located within the area proposed to be
acquired or restricted, and the names of persons owning the same, to the
extent that such information can be reasonably ascertained by the
applicant.
It shall be unlawful for any municipality or other political
subdivision, or officer or employee thereof, or for any person, to make
any alteration or extension of an existing airport or restricted landing
area, or to use or operate any airport or restricted landing area, for
which a certificate of approval has not been issued by the Department;
provided, that no certificate of approval shall be required for an
airport or restricted landing area which was in existence and approved
by the Illinois Aeronautics Commission, whether or not being operated,
on or before July 1, 1945, or for the O'Hare Modernization Program as defined
in Section 10
of the O'Hare
Modernization Act; except that a certificate of approval shall be required
under this Section
for construction of a new runway at O'Hare International Airport with a
geographical orientation that varies from a geographical east-west orientation
by more than 10 degrees, or for construction of a new runway at that airport
that would result in more than 10 runways being available for aircraft
operations at that airport.
The Department shall supervise, monitor, and enforce
compliance with the
O'Hare Modernization Act by all other departments, agencies, and units of State
and local
government.
Provisions of this Section do not apply to special purpose aircraft
designated as such by the Department when
operating to or
from uncertificated areas other than their principal base of operations,
provided mutually acceptable arrangements are made with the property
owner, and provided the owner or operator of the aircraft assumes
liabilities which may arise out of such operations.
(Source: P.A. 99-202, eff. 1-1-16; 100-863, eff. 8-14-18.)
|
(620 ILCS 5/47.1)
Sec. 47.1.
Review by Department of O'Hare Modernization Program.
The
Department shall monitor the design, planning, financing, and construction of
the O'Hare
Modernization Program as defined in Section 10 of the O'Hare Modernization Act
in
order to ensure that the O'Hare Modernization Program proceeds in a timely,
efficient,
and safe manner, and shall monitor the effects of the O'Hare Modernization
Program on
units of local government throughout the State. The Department shall file
reports with the
General Assembly as the Department deems appropriate concerning the design,
planning,
financing,
and construction of the O'Hare Modernization Program as defined in Section 10
of the
O'Hare Modernization Act, and the effects of the O'Hare Modernization Program
on units
of local government.
(Source: P.A. 93-450, eff. 8-6-03.)
|
(620 ILCS 5/48) (from Ch. 15 1/2, par. 22.48)
Sec. 48.
Standards for issuing certificates of approval.
In determining whether it shall issue a certificate of approval for any
airport or restricted landing area, or any alteration or extension thereof,
the Department shall take into consideration its proposed location, size
and layout, the relationship of the proposed airport or restricted landing
area to the then current national airport plan, the then current Federal
airways system, the then current State airport plan, and the then current
State airways system, whether there are safe areas available for expansion
purposes, whether the adjoining area is free from obstructions based on a
proper glide ratio, the nature of the terrain, the nature of the uses to
which the proposed airport or restricted landing area will be put, the
possibilities for future development, and such other factors as, under the
circumstances, it regards as having an important bearing thereon.
(Source: Laws 1945, p. 335.)
|
(620 ILCS 5/49) (from Ch. 15 1/2, par. 22.49)
Sec. 49.
Discontinuance of operations of airports or restricted landing areas.
The Department is empowered to order the discontinuance or limitation,
temporarily or permanently, of the operation of any airport or restricted
landing area when it shall determine, after a hearing, that such airport or
restricted landing area is not safe or is not being maintained or operated
safely.
(Source: Laws 1945, p. 335.)
|
(620 ILCS 5/49.1) (from Ch. 15 1/2, par. 22.49a)
Sec. 49.1.
Creation of hazards.
No person may create or construct any
airport hazard which obstructs a restricted landing area or residential
airport that (1) serves 20 or
more based aircraft, and (2) is located within the "metropolitan region" as
that term is defined in the Regional Transportation Authority Act. For the
purpose of this Section, "based aircraft" are
aircraft that are regularly hangared or tied-down at the restricted landing
area or residential airport, or that use it as their primary base of operation.
As used in this Section 49.1, "restricted landing area" or "residential
airport" shall have the
meaning set forth in regulations
of the Department in effect on the effective date of this amendatory Act of
1989, but shall not include amendments of the regulations adopted by the
Department thereafter.
(Source: P.A. 86-963.)
|
(620 ILCS 5/50) (from Ch. 15 1/2, par. 22.50)
Sec. 50.
Exceptions-Federal government.
The provisions of Sections 47, 48 and 49 shall not apply to any
airport, restricted landing area or other air navigation facility owned or
operated by the Federal Government within this State.
(Source: Laws 1945, p. 335.)
|
(620 ILCS 5/51) (from Ch. 15 1/2, par. 22.51)
Sec. 51.
Proceedings before the department and in the courts-Investigation,
inquiries and hearings.
The Department, or any officer thereof, and any employee thereof
generally or specifically designated by it for such purpose shall have
power to hold and conduct investigations, inquiries and hearings concerning
any matters covered by the laws of this State pertaining to aeronautics,
pursuant to such rules, rulings, regulations, orders, and decisions as the
Department may establish or issue. In the conduct of any investigation,
inquiry or hearing, neither the Department nor any officer nor employee
thereof conducting the same shall be bound by the technical rules of
evidence, and no informality in any proceeding or in the manner of taking
testimony before the Department, or any officer or employee thereof, shall
invalidate any order, decision, rule, ruling or regulation made, approved
or confirmed by the Department. All hearings conducted by the Department
shall be open to the public.
Each officer thereof and each employee thereof designated by it to hold
any inquiry, investigation or hearing, shall have the power to administer
oaths and affirmations, certify to all official acts, issue subpoenas, and
compel the attendance and testimony of witnesses, and the production of
papers, books, accounts and documents, either in person or by deposition in
the manner provided in Section 53.
Hearings shall be held either by the Department or by an officer thereof
or by any employee designated by it for such purpose. All evidence
presented at hearings held by the Department or under its authority shall
become a part of the records of the Department. In all cases in which the
Department bases any action on reports of investigations or inquiries not
conducted as hearings, such reports shall be made a part of the records of
the Department.
(Source: Laws 1945, p. 335.)
|
(620 ILCS 5/52) (from Ch. 15 1/2, par. 22.52)
Sec. 52.
Exemption from testifying.
No officer or employee of the Department shall be required to testify as
an expert witness in any suit, action or proceeding involving aeronautics.
(Source: Laws 1945, p. 335.)
|
(620 ILCS 5/53) (from Ch. 15 1/2, par. 22.53)
Sec. 53.
Attendance of witness.
All subpoenas issued under the laws of this State pertaining to
aeronautics may be served by any person who is not a minor. The fees of
witnesses for attendance and travel shall be the same as fees of witnesses
before the circuit courts of this State, such fees to be paid at the time
the witness is excused from further attendance, when the witness is
subpoenaed at the instance of the Department, or any officer thereof, or
any employee designated by it for the purpose of conducting any such
investigation, inquiry or hearing; and the disbursements made in the
payment of such fees shall be audited and paid in the same manner as are
other expenses of the Department. Whenever a subpoena is issued at the
instance of a complainant, respondent or other party to any proceeding
before the Department, the Department may require that the cost of service
thereof and the fee of the same shall be borne by the party at whose
instance the witness is summoned before the Department, and the Department
shall have power, in its discretion, to require a deposit to cover the cost
of such service and witness fees and the payment of legal witness fees and
mileage to the witness when served with subpoena. A subpoena issued as
aforesaid shall be served in the same manner as a subpoena issued out of a
court.
Any person who shall be served with a subpoena to appear and testify, or
to produce books, papers, accounts or documents, either in person or by
deposition, in the manner provided in this section, issued by the
Department or by any officer thereof, or any employee thereof designated by
it to conduct any such investigation, inquiry or hearing, in the course of
an investigation, inquiry or hearing conducted under any of the provisions
of the laws of this State pertaining to aeronautics, and who shall refuse
or neglect to appear, or to testify, or to produce books, papers, accounts
and documents relative to the investigation, inquiry or hearing as
commanded in such subpoena, shall be guilty of a petty offense.
Any circuit court of this State, upon application
of the Department, or an officer thereof, or an employee thereof designated
by it for the purpose of conducting any such investigation, inquiry or
hearing, may, in its discretion, compel the attendance of witnesses,
the production of books, papers, accounts and documents, and the giving of
testimony before the Department, or before any officer thereof, or any
employee designated by it for the purpose of conducting any such
investigation, inquiry or hearing, in person or by deposition, in the
manner provided in this section, by an attachment for contempt or
otherwise, in the same manner as production of evidence may be compelled
before the court.
The Department or any officer thereof, or any employee thereof
designated by it for the purpose of conducting any investigation, inquiry
or hearing, or any party may, in any investigation, inquiry or hearing
before the Department, or conducted under its authority, cause the
deposition of witnesses residing within or without the State to be taken in
the manner prescribed by law for taking like depositions in civil cases in
courts of this State, and to that end may compel the attendance of
witnesses and the production of papers, books, accounts and documents.
(Source: P.A. 83-334.)
|
(620 ILCS 5/54) (from Ch. 15 1/2, par. 22.54)
Sec. 54.
Inspection of records.
Any party to a proceeding before the Department shall have the right to
inspect the records of all investigations, inquiries or hearings conducted
by or under the authority of the Department, which may relate to the issues
involved in such proceeding and to submit suggestions as to the matters to
be investigated or as to questions to be propounded. If the Department is
satisfied that such suggested investigation should be made or such
suggested questions answered, and that the information desired is within
the power of any party to furnish, it shall enter an order requiring an
investigation to be made or the questions to be answered, and upon failure
or refusal to comply with such order, the Department shall either refuse to
grant the relief prayed for by the party refusing to comply or may grant
the relief prayed by the opposing party against the party refusing to
comply.
(Source: Laws 1945, p. 335.)
|
(620 ILCS 5/55) (from Ch. 15 1/2, par. 22.55)
Sec. 55.
Initiation of proceedings; notice; service.
Proceedings may be initiated by applications, petitions, and complaints,
including complaints made by the Department of its own motion. Any person,
the Federal Government, or any agency, department or officer thereof, or
any municipality or other political subdivision of this State or any other
state, may make a complaint, which shall be in writing setting forth any
act or things done or omitted to be done in violation or claimed to be in
violation of the laws of this State pertaining to aeronautics, or of the
rules, rulings, regulations, orders or decisions of the Department
thereunder.
Upon the filing of a complaint, the Department shall cause a copy
thereof to be served upon the person, municipality or political subdivision
complained of, which shall be accompanied by notice requiring that the
complaint be satisfied and answered within a reasonable time to be
specified by the Department, or within the discretion of the Department, by
a notice fixing a time when, and place where, a hearing will be had upon
such complaint. If a hearing is prescribed by the Department, notice of the
time and place thereof shall also be given to the complainant and to such
other persons as the Department shall deem necessary. The Department shall
have authority to hear and investigate any complaint notwithstanding the
fact that the person, municipality or other political subdivision
complained of may have satisfied the complaint.
The time fixed for such hearing upon a complaint shall not be less than
ten days after the date of the service of such notice and complaint, unless
the Department determines that an emergency exists, in which event it may
prescribe a time for such hearing less than ten days after the date of such
service.
The time fixed for any hearing, other than upon a complaint, under the
laws of this State pertaining to aeronautics, or the rules, rulings,
regulations, orders or decisions issued by the Department thereunder, shall
not be less than ten days after the date of service of a notice in
connection therewith upon the persons, municipalities or political
subdivisions interested in the subject matter thereof, unless the
Department determines that an emergency exists, in which event the
Department may prescribe a time for such hearing less than ten days after
the date of service of such notice. Such notice shall fix the time when and
place where the particular hearing will be had, and shall give a general
description of the subject matter.
Service in all investigations, inquiries and hearings before the
Department may be made upon any person upon whom summons may be served in
accordance with the provisions of the Civil Practice Law, as
amended, and in accordance with all future amendments thereto and
modifications thereof and the rules now or hereafter adopted pursuant to
said Law, and may be made personally or by mailing same in the United
States mails in a sealed envelope, registered, with postage prepaid. The
provisions of this section as to notice shall apply to all hearings held by
the Department or under its authority, under the laws of this State
pertaining to aeronautics, and the rules, rulings, regulations, decisions
and orders of the Department thereunder, except as otherwise specifically
provided in any such law.
(Source: P.A. 82-783.)
|
(620 ILCS 5/56) (from Ch. 15 1/2, par. 22.56)
Sec. 56.
Hearings.
At the time fixed for any hearing, pursuant to the laws of this State
pertaining to aeronautics, or the rules, rulings, regulations, orders or
decisions issued by the Department thereunder, whether upon a complaint or
otherwise, persons, municipalities or other political subdivisions having a
substantial interest in the subject matter thereof, and in case of a
complaint, the complainant and the person, municipality or other political
subdivision complained of, and, in every case, such persons, municipalities
or other political subdivisions as the Department may allow to intervene,
shall be entitled to be heard and introduce evidence. The Department shall
issue process to enforce the attendance of all necessary witnesses.
(Source: Laws 1945, p. 335.)
|
(620 ILCS 5/57) (from Ch. 15 1/2, par. 22.57)
Sec. 57.
Findings; orders; record.
At the conclusion of such hearing, the Department shall make and render
findings concerning the subject matter and facts inquired into and enter
its order based thereon. A copy of such order, certified under the seal of
the Department, shall be served upon all parties thereto, or their
attorneys, which order shall of its own force take effect and become
operative twenty days after the service thereof, except as otherwise
provided therein, and shall continue in force either for a period which may
be designated therein or until changed or abrogated by the Department.
Where an order cannot, in the judgment of the Department, be complied with
within twenty days, the Department may prescribe such additional time as in
its judgment is reasonably necessary to comply with the order, and may upon
application and for good cause shown extend the time for compliance fixed
in its order. A full and complete record shall be preserved according to
rule of all
proceedings had before the Department or any officer thereof, or any
employee thereof designated by it for the purpose of conducting any
hearing, on any formal hearing had and all testimony shall be recorded by the
Department in a manner determined to be
reliable and appropriate, and the parties shall be
entitled to be heard in person or by attorney.
(Source: P.A. 90-6, eff. 6-3-97.)
|
(620 ILCS 5/58) (from Ch. 15 1/2, par. 22.58)
Sec. 58.
Record
on appeal.
In case of appeal from any rule, ruling, regulation, order or decision
of the Department, a transcript of such testimony, together with all
exhibits or copies thereof introduced and all information secured by the
Department on its own initiative and considered by it in rendering its
order or decision (and required by the laws of this State pertaining to
aeronautics to be made a part of its records), and of the pleadings,
records and proceedings in the case, shall constitute the record of the
Department: provided, that on appeal from an order or decision of the
Department, the person, municipality or other political subdivision taking
the appeal and the Department may stipulate that a certain question or
certain questions alone and a specified portion only of the evidence shall
be certified to the court for its judgment, whereupon such stipulation and
the question or questions and the evidence therein specified shall
constitute the record on appeal.
(Source: Laws 1945, p. 335.)
|
(620 ILCS 5/59) (from Ch. 15 1/2, par. 22.59)
Sec. 59.
Certified copies as evidence.
Copies of all official documents and orders filed or deposited according
to law in the office of the Department, certified by an officer of the
Department to be true copies of the originals, under the official seal of
the Department, shall be evidence in like manner as the originals.
(Source: Laws 1945, p. 335.)
|
(620 ILCS 5/60) (from Ch. 15 1/2, par. 22.60)
Sec. 60.
Order
without prior hearing.
The Department may issue an order granting or denying a certificate of
approval of an airport or a restricted landing area, or the alteration or
the extension thereof, without a hearing in the first instance, provided
the Department shall have served upon the applicant, and any other persons,
municipalities or other political sub-divisions affected, at least fifteen
days before the entry of such proposed order, notice of the Department's
intention to enter such order, which notice shall state in reasonable
detail the nature and terms of such proposed order and shall extend
opportunity, on the part of those notified, to submit, within such fifteen
days, objections to or comments upon the subject matter of such proposed
order; written notice shall be given to the applicant, and written notice
or in the alternative notice by publication in a newspaper published in the
county in which the airport or restricted landing area sought to be
established, altered or extended is, or is proposed to be located, shall be
given to any other persons, municipalities or other political subdivisions
affected; and after the entry of any such order, a copy thereof shall be
served upon the applicant, those who, within the above specified 15 day
period, object to or comment upon the subject matter of the proposed order
and those who have entered their appearance in writing in the matter.
Notice of the entry of the order shall be given to any other persons,
municipalities, or other political sub-divisions affected thereby by
serving a copy thereof upon them or in the alternative by publication in a
newspaper published in the county in which the airport or restricted
landing area sought to be established, altered or extended is, or is
proposed to be located. If the applicant or any other person, municipality
or other political sub-division which may be affected thereby, makes a
written request for a hearing as to the validity or reasonableness of said
order within fifteen days after the service or publication thereof, the
Department shall prescribe a hearing thereon, which shall be held in the
municipality or other political subdivision applying for a certificate of
approval or, in case the application was made by a person other than a
municipality or other political subdivision, at the county seat of the
county in which the airport or restricted landing area sought to be
established, altered or extended is, or is proposed to be situated. If no
hearing is requested, as herein provided, such order shall take effect and
become operative at the same time and in the same manner as in the case of
an order entered after hearing, as provided in Section 57. No notice
shall be necessary prior to the entry of an order approving the elimination
of one or more runways or landing strips or approving a change in
classification of a facility from that of an airport to that of a
restricted landing area unless the application therefor shall indicate that
there is an addition, extension or reorientation involved as will result in
a change in the flight patterns theretofore obtaining. If any persons,
corporations, or municipalities may be affected by any such change in the
flight pattern from the pattern which shall have existed prior to any such
addition, extension or reorientation, notice shall be given as provided in
the first paragraph of this section.
(Source: Laws 1957, p. 2491.)
|
(620 ILCS 5/61) (from Ch. 15 1/2, par. 22.61)
Sec. 61.
Operation of airports authorized without license.
No license shall be required to operate an airport or restricted landing
area for which a certificate of approval has been issued by the Department.
Provided, However, any city, village or incorporated town, having a
population of 500,000 or more may by ordinance license and regulate the
establishment of heliports.
Such ordinance shall not contain any provision inconsistent with the
rules and regulations of the Department then in force relating to the
establishment and operation of heliports.
(Source: Laws 1957, p. 1299.)
|
(620 ILCS 5/62) (from Ch. 15 1/2, par. 22.62)
Sec. 62.
Investigations and inquiries without notice; hearing upon request.
Nothing in this Act shall be taken to limit or restrict the power of
the Department, summarily of its own motion, with or without notice, to
conduct any investigation or inquiry authorized by the laws of this State
pertaining to aeronautics, in such manner and by such means as it may deem
proper, and to take such actions as it may deem necessary in connection
therewith. With respect to any rules, rulings, regulations, decisions or
orders which the Department is authorized to issue without a hearing, and
so issues, except as otherwise provided herein, any person, municipality or
other political subdivision affected thereby and deeming such rules,
rulings, regulations, decisions or orders, or any of them, improper,
unreasonable or contrary to law, may apply for a hearing thereon, setting
forth specifically in such application every ground of opposition which the
applicant desires to urge against such rule, ruling, regulation, decision
or order. The Department may, in its discretion, grant or deny the
application for such a hearing.
The rules and regulations of the Department with respect to the filing
of any formal application or the conducting of any formal hearing, for
whatever purpose, may be waived at the request of any party to any
proceeding, except over the written objection of any other party entitled
to be heard therein.
No formal application or formal hearing shall be required for the
purpose of registering any federal license, certificate or permit, except
as otherwise expressly provided in this Act.
(Source: Laws 1945, p. 335.)
|
(620 ILCS 5/63) (from Ch. 15 1/2, par. 22.63)
Sec. 63.
Service of orders.
Every order of the Department shall be served upon every person,
municipality or other political subdivision to be affected thereby, except
as otherwise provided by Section 60 of this Act, either by personal
delivery of a certified copy thereof, or by mailing in the United States
mail a certified copy thereof, in a sealed package with postage prepaid, to
the person, municipality, or other political subdivision to be affected
thereby; or, in the case of a corporation, municipality or other political
subdivision, to any officer or agent thereof upon whom summons of a circuit
court may be served in a civil action.
Where any person, municipality
or other political subdivision has entered an appearance by an attorney, or
other representative of record, service may be made upon such person,
municipality or other political subdivision by serving the attorney or
other representative of record; and in any event, mailing in the United
States mail, as hereinabove provided, shall constitute service, without
additional proof of the receipt of the certified copies of
the order.
(Source: P.A. 83-345.)
|
(620 ILCS 5/64) (from Ch. 15 1/2, par. 22.64)
Sec. 64.
Power
to change rules, rulings, regulations, decisions and orders; rehearings.
Anything in the laws of this State pertaining to aeronautics to the
contrary notwithstanding, the Department may at any time amend, change,
abrogate or rescind any rule, ruling, regulation, decision or order made by
it: provided, that when such rule, ruling, regulation, order or decision,
sought to be so amended, changed, abrogated or rescinded, was prescribed or
issued by requirement of law, after notice and an opportunity to be heard,
the Department shall give notice and an opportunity to be heard to the
persons, municipalities, or other political subdivisions to be affected
thereby, before making such amendment, change, abrogation or rescission
thereof. Any order amending, changing, abrogating or rescinding a prior
rule, ruling, regulation, order, or decision shall, when served upon the
persons, municipalities, and other political subdivisions affected, have
the same effect as is herein provided for original rules, rulings,
regulations, orders and decisions. Within thirty days after the service of
any rule, ruling, regulation, order or decision of the Department, any
party to the action or proceeding, or other persons, municipalities or
political subdivisions affected, may apply for a rehearing of said rule,
ruling, regulation, order or decision in respect to any matter connected
therewith, specified in the application for rehearing. The Department shall
receive and consider such application and shall grant or deny the same
within twenty days from the date of the receipt thereof by the Department.
In case the application for rehearing is granted, the Department shall
proceed as promptly as possible to consider the matters presented by such
application. No appeal shall be allowed from any rule, ruling, regulation,
order or decision of the Department unless and until an application for a
rehearing thereof shall first have been filed with and acted upon by the
Department.
No person, municipality or other political subdivision in any appeal
shall urge or rely upon any grounds not set forth in such application for
rehearing before the Department. An application for rehearing shall not
excuse any person, municipality or other political subdivision from
complying with and obeying any rule, ruling, regulation, order or decision
of the Department, or any requirement contained therein, theretofore made,
or operate in any manner to stay or postpone the enforcement thereof,
except in such cases and upon such terms as the Department may by order
direct. If, after such rehearing and consideration of all the facts,
including those arising since the making of the rule, ruling, regulation,
order or decision, the Department shall be of the opinion that the original
rule, ruling, regulation, order or decision, or any part thereof, is in any
respect unjust or unwarranted or should be changed, the Department may
amend, change, abrogate or rescind the same. A rule, ruling, regulation,
order or decision made after such rehearing, amending, changing,
abrogating, or rescinding the original rule, ruling, regulation, order or
decision, shall have the same force and effect as the original rule,
ruling, regulation, order or decision, but shall not affect any right or
the enforcement of any right arising from or by virtue of the original
rule, ruling, regulation, order or decision unless so ordered by the
Department.
Only one rehearing shall be granted by the Department, but this shall
not be construed to prevent any person, municipality or other political
subdivision from filing a petition setting up a new and different state of
facts after two years, and invoking the action of the Department thereon.
(Source: Laws 1945, p. 335.)
|
(620 ILCS 5/67) (from Ch. 15 1/2, par. 22.67)
Sec. 67.
The provisions of the Administrative Review Law, as the same
may be amended or supplemented,
shall govern all judicial review proceedings under this Act.
(Source: P.A. 82-783.)
|
(620 ILCS 5/68) (from Ch. 15 1/2, par. 22.68)
Sec. 68.
Duties
of the Attorney General.
It shall be the duty of the Attorney General to represent the Department
in all matters and proceedings before any court.
(Source: Laws 1945, p. 335.)
|
(620 ILCS 5/69) (from Ch. 15 1/2, par. 22.69)
Sec. 69.
Appeals.)
Appeals from all final orders and judgments entered by the circuit
court, in review of rules, rulings, regulations, orders and decisions of
the Department, may be taken by any party to the action and shall be
governed by the rules applying to other civil cases.
(Source: P.A. 79-1361.)
|
(620 ILCS 5/70) (from Ch. 15 1/2, par. 22.70)
Sec. 70.
Priority in hearing.
Any proceeding in any court in this State directly affecting a rule,
ruling, regulation, order or decision of the Department, or to which the
Department is a party, shall have priority in hearing and determination
over all other civil proceedings pending in such court, excepting election
contests and other proceedings to which the law has assigned a similar
priority in hearing and determination.
(Source: Laws 1945, p. 335.)
|
(620 ILCS 5/71) (from Ch. 15 1/2, par. 22.71)
Sec. 71.
Suspension of orders pending judicial review.
(a) The pendency of judicial review shall not of itself stay or suspend
the
operation of the rule, ruling, regulation, order or decision of the
Department, but during the pendency of such review the circuit court, in its
discretion may stay or suspend, in whole or in part, the operation of the
Department's rule, ruling, regulation, order or decision.
(b) No order so staying or suspending a rule, ruling, regulation, order
or
decision of the Department shall be made by the circuit court otherwise
than upon 3 days' notice to the Department and after a hearing, and if the
rule, ruling, regulation, order or decision of the Department is suspended,
the order suspending the same shall contain a specific finding based upon
evidence submitted to the court, and identified by reference thereto, that
great or irreparable damage would otherwise result to the petitioner, and
specifying the nature of the damage.
(c) In case the rule, ruling, regulation, order or decision of the
Department is stayed or suspended, the order of the circuit court shall not
become effective until a suspending bond shall first have been executed and
filed with and approved by the Department (or approved, on review, by the
court) payable to the people of the State of Illinois and sufficient in
amount and security to insure the prompt payment by the party petitioning
for the review, of all damages caused by the delay in the enforcement of
the rule, ruling, regulation order or decision of the Department in case
the rule, ruling, regulation, order or decision is sustained. However, no
bond shall be required in the case of any stay or suspension granted on
application of any body politic, municipality or other political
subdivision.
(Source: P.A. 92-341, eff. 8-10-01.)
|
(620 ILCS 5/72) (from Ch. 15 1/2, par. 22.72)
Sec. 72.
Acquisition and operation of state airports - Authority to establish state
airports.
The Department is authorized and empowered, on behalf of and in the name
of this State, within the limitation of available appropriations, to
acquire by purchase, gift, legacy, lease, condemnation proceedings, or
otherwise, property real or personal, for the purpose of establishing and
constructing, for the benefit of and use by the public, of airports,
restricted landing areas, and other air navigation facilities, to contract
or otherwise provide, by condemnation if necessary, for the removal of any
airport hazard or the removal or the relocation of all private structures,
railways, mains, pipes, conduits, wires, cables, poles, and all other
facilities and equipment which may interfere with the location,
establishment, construction, development, enlargement, improvement,
maintenance, repair, equipment, or operation of such public airports,
restricted landing areas, and other air navigation facilities or with the
safe approach thereto or takeoff therefrom by aircraft, and to pay the cost
of such removal or relocation, and to acquire in like manner, own, control,
establish, construct, develop, enlarge, improve, maintain, repair, equip,
operate, regulate, zone and police such public airports, restricted landing
areas, and other air navigation facilities, either within or without this
State; to make, prior to any such acquisition, investigations, surveys, and
plans; and to erect, install, construct, and maintain at such airports
accommodations and facilities for the servicing of aircraft and for the
comfort and accommodation of air travelers. It may not, however, acquire or
take over any airport, restricted landing area or other air navigation
facility owned or controlled by municipality or other political subdivision
of this State without the consent of such municipality or other political
subdivision. It may erect, equip, operate, and maintain, on any public
airport established, constructed or operated on behalf of the State,
buildings, including hangars, structures, and any kind or description of
personal property, including facilities and equipment, necessary and proper
to establish, operate, conduct, repair and maintain such public airport and
other air navigation facilities.
(Source: P.A. 83-388.)
|
(620 ILCS 5/73) (from Ch. 15 1/2, par. 22.73)
Sec. 73.
Airport protection privileges.
Where necessary, in order to provide unobstructed air space for the
landing and taking off of aircraft utilizing public airports, restricted
landing areas and other air navigation facilities acquired or operated by
the Department, on behalf of and in the name of this State, under the
provisions of this Act, it is hereby granted authority to contract or
otherwise provide, by condemnation if necessary, for the removal of any
airport hazard or the removal or the relocation of all private structures,
railways, mains, pipes, conduits, wires, cables, poles, and all other
facilities and equipment which may interfere with the location,
establishment, construction, development, enlargement, improvement,
maintenance, repair, equipment, or operation of such public airports,
restricted landing areas, and other air navigation facilities or with the
safe approach thereto or take-off therefrom by aircraft, and to pay the
cost of such removal or relocation, and to acquire, within the limitation
of available appropriations, and in the same manner as is provided for the
acquisition of property for the establishment and construction of public
airports, restricted landing areas, and other air navigation facilities,
easements through or other interests in air space over land or water,
interests in airport hazards outside the boundaries of the public airports
or restricted landing areas, and such other airport protection privileges
as are necessary to insure safe approaches to the landing areas of said
airports and restricted landing areas, and the safe and efficient operation
thereof. It is also hereby authorized to acquire, in the same manner, the
right or easement, for a term of years or perpetually, to place or maintain
suitable marks for the daytime marking and suitable lights for the night
time marking of airport hazards, including the right of ingress and egress
to or from such airport hazards for the purpose of maintaining and
repairing such lights and marks. This authority shall not be so construed
as to limit the rights, power or authority of the State or any municipality
or other political subdivision to zone property adjacent to any airport or
restricted landing area pursuant to any law of this State.
(Source: Laws 1945, p. 335.)
|
(620 ILCS 5/74) (from Ch. 15 1/2, par. 22.74)
Sec. 74. Condemnation. In exercising its powers and performing its functions under the laws of
this State pertaining to aeronautics, when it is necessary for the use and
benefit of the public, pursuant to such laws, that private property be
taken or damaged or entry be made on private property, for the purpose of
constructing and installing any airport, restricted landing area or other
air navigation facility, including buildings, structures and other
improvements in connection therewith, the Department in the name of the
State, within the limitations of available appropriations, shall have the
right to purchase the necessary land, rights in land, or easements,
including avigation easements, from the owner thereof and purchase from the
owner the right of entry, or if compensation therefor cannot be agreed upon
between the Department and the owner, to have just compensation ascertained
and to acquire and pay for such property, land, easement or right of entry,
in the manner provided for the exercise of the
right of eminent domain under the Eminent Domain Act. When the
Department, in the name of the State, files a petition to condemn any
private property, rights in land, or easement, as herein provided, the
Department may enter upon the land and premises, and the buildings or
structures located thereon, notwithstanding that the damage or compensation
in connection with such condemnation has not theretofore been determined
and paid.
(Source: P.A. 94-1055, eff. 1-1-07.)
|
(620 ILCS 5/74.5) Sec. 74.5. Eminent domain. Notwithstanding any other provision of this Act, any power granted under this Act to acquire property by condemnation or eminent domain is subject to, and shall be exercised in accordance with, the Eminent Domain Act.
(Source: P.A. 94-1055, eff. 1-1-07.) |
(620 ILCS 5/75) (from Ch. 15 1/2, par. 22.75)
Sec. 75.
Charges and rentals.
The Department shall have the authority to determine the charges or
rental for the use of any properties and the charges for any service or
accommodations under its control, by virtue of the provisions of Section
72, and the terms and conditions under which such properties may be used;
provided that in all cases the public is not deprived of its rightful,
fair, equal and uniform use of such property. Charges shall be reasonable
and uniform for the same class of service and established with due regard
to the property and improvements used and the expenses of operation to the
State. The State shall have and the Department may enforce liens as
provided by law, for repairs to or improvement or storage or care of any
personal property, to enforce the payment of any such charges.
(Source: Laws 1945, p. 335.)
|
(620 ILCS 5/76) (from Ch. 15 1/2, par. 22.76)
Sec. 76.
Leases
and sales.
Whenever the Department determines that the public interest does not
require the continued use of an airport, restricted landing area or other
air navigation facility or real property acquired or set apart for public
airport purposes, on behalf of the State, or that the same is no longer
beneficial or useful to the public, or that the same may be more
economically operated for the benefit and use of the public by any private
party or by the United States, any agency or Department thereof, any state
government other than the government of this State, or any municipality, or
other political subdivision of this State, or of any other state, the
Department may dispose of any such property, airports, restricted landing
areas or other air navigation facilities, by sale, lease or otherwise, to
the Federal Government, any agency or department thereof, or to any state
government, or to any municipality or other political subdivision of this
or any other State government, or to private persons, for aeronautical
purposes or purposes incidental thereto, subject to the laws of this State
governing the disposition of property of this State. Whenever the
Department determines that the benefits to the public may be greater by so
doing, it may lease, for a term not exceeding 10 years, any space, area,
improvements, equipment, accommodations or facilities on such airports,
restricted landing areas or other air navigation facility, and it may
confer the privilege of concessions of supplying upon such airports;
restricted landing areas, or other air navigation facilities goods,
commodities, things, services and facilities; provided, that in each case
under this section in so doing the public is not deprived of its rightful,
fair, equal and uniform use thereof.
(Source: Laws 1945, p. 335.)
|
(620 ILCS 5/77) (from Ch. 15 1/2, par. 22.77)
Sec. 77.
Joint operations.
The Department may exercise its powers and perform its functions under
Sections 72 to 76, inclusive, in co-operation with or jointly, as the
case may require, with the United States, any agencies or departments
thereof, other states, and with municipalities or other political
subdivisions and agencies of this State and other states.
(Source: Laws 1945, p. 335.)
|
(620 ILCS 5/78) (from Ch. 15 1/2, par. 22.78)
Sec. 78.
Aeronautics Fund.
All moneys hereafter received by this State, or by the Department for
and on its behalf, under any of the laws of this State pertaining to
aeronautics, including, without limiting the generality of the foregoing,
all moneys obtained for certificates, permits or licenses, except those
funds which are held by the State Treasurer as ex-officio custodian under
the provisions of Section 40, shall be deposited in the State treasury and
set apart as a special fund to be known as the Aeronautics Fund. The
Aeronautics Fund shall be used, subject to appropriations made from time to
time, only for such purposes as may be specified under the laws, if any, of
the United States, heretofore or hereafter enacted or amended, providing
for federal aid in the establishment of public airports, and otherwise only
for the regulation and supervision of aeronautics in this State, and the
administration and enforcement of the laws of this State pertaining to
aeronautics.
(Source: Laws 1957, p. 2331.)
|
(620 ILCS 5/79) (from Ch. 15 1/2, par. 22.79)
Sec. 79.
Penalties.)
Except as otherwise specifically provided in this Act, any person,
other than the Department, its officers or employees acting for and on
behalf of the Department, who has failed to comply with the requirements
of, or who has violated any of the provisions of this Act, or the rules,
rulings, regulations, orders or decisions of the Department issued pursuant
thereto, shall be guilty of a Class A misdemeanor.
(Source: P.A. 79-208.)
|
(620 ILCS 5/79a) (from Ch. 15 1/2, par. 22.79a)
Sec. 79a.
Enforcement.)
In addition to any other remedies the Department may institute in any circuit
court an action to prevent, restrain, correct or
abate any violation of this act or of any regulations adopted or of any
orders and rulings made by the Department pursuant to this act; and the
court shall adjudge to the plaintiff such relief, by way of injunction
(which may be mandatory) or otherwise, as may be proper under all the facts
and circumstances of the case, in order fully to effectuate the purposes of
this act and of the regulations adopted and orders and rulings made
pursuant thereto.
(Source: P.A. 79-1361.)
|
(620 ILCS 5/79.01) (from Ch. 15 1/2, par. 22.79b)
Sec. 79.01.
When a judgment is entered against any person for any violation of this
Act or of any rule, ruling, order or decision issued pursuant thereto, the
judge entering the judgment shall within 15 days of the entry of such
judgment report in writing to the Department giving the name of the person
convicted, the offense for which such person was convicted, and the penalty
enforced against such person.
(Source: P.A. 77-1246.)
|
(620 ILCS 5/80) (from Ch. 15 1/2, par. 22.80)
Sec. 80.
Repeal; possession of records of Illinois Aeronautics Commission.
"An Act to Regulate Aeronautics, and Making an Appropriation Therefor",
approved July 9, 1931, as amended, and all acts and parts of acts which
are inconsistent with the provisions of this Act are hereby repealed;
provided, however, that the provisions for repeal in this section shall not
in any way:
(1) Affect any offense committed, an act done, a | ||
| ||
(2) Invalidate or change any action, matter of | ||
| ||
(3) Increase the penalty or punishment for any | ||
| ||
Upon the effective date of this Act, the Department shall have the right
to take possession of all records, books, papers, documents, fixtures,
furnishings, supplies, equipment, airplanes, automobiles, facilities, and
any other things in the custody or possession of the Illinois Aeronautics
Commission, its officers and employees.
(Source: Laws 1945, p. 335.)
|
(620 ILCS 5/81) (from Ch. 15 1/2, par. 22.81)
Sec. 81.
Separability.
If any one or more of the provisions of this Act is declared
unconstitutional or the application thereof is held invalid, the validity
of the remainder of the Act and the application of such provision or
provisions to other persons and circumstances shall not be affected
thereby.
(Source: Laws 1945, p. 335.)
|
(620 ILCS 5/82) (from Ch. 15 1/2, par. 22.82)
Sec. 82. Short
title. This Act may be cited as the Illinois Aeronautics Act.
(Source: P.A. 96-328, eff. 8-11-09.)
|