State of Illinois
92nd General Assembly
Legislation

   [ Search ]   [ PDF text ]   [ Legislation ]   
[ Home ]   [ Back ]   [ Bottom ]


[ Introduced ][ Engrossed ][ House Amendment 001 ]


92_HB3095enr

 
HB3095 Enrolled                                LRB9204854MWdv

 1        AN ACT in relation to aeronautics.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Airport Authorities  Act  is  amended  by
 5    changing Section 17.2 as follows:

 6        (70 ILCS 5/17.2) (from Ch. 15 1/2, par. 68.17b)
 7        Sec.  17.2.   Whenever  a  township  disconnects  from  a
 8    Metropolitan  Airport  Authority as provided in Section 17.1,
 9    such township and the  municipalities  within  such  township
10    shall  be paid upon such terms as may be agreed upon by their
11    corporate authorities and the board of commissioners  of  the
12    Metropolitan  Airport  Authority,  but  in no event shall any
13    such township or  municipality  be  paid  in  excess  of  its
14    investment  or  for  any  funds advanced to such Metropolitan
15    Airport Authority or any pre-existing  airport  authority  it
16    has  acquired, or otherwise paid or expended, either directly
17    or indirectly, by the State or federal  governments  for  the
18    acquisition  of  the  land used for any such existing airport
19    improvement or facility or for any bonded  indebtedness  owed
20    by  the  Metropolitan  Airport  Authority or the pre-existing
21    airport authority. The terms of  payment  shall  provide  for
22    payment  in  full within not more than 20 years from the date
23    of such agreement.
24        In case the amount  and  terms  of  payment  are  not  so
25    determined  by  agreement,  the board of commissioners of the
26    Authority shall cause a description of such airport and  such
27    existing  improvements  and  facilities  to be made, together
28    with an estimate of the previous actual expenditures  of  the
29    pre-existing  authority  therefor,  less  any existing bonded
30    indebtedness of the pre-existing authority, and shall  tender
31    payment  of  the total amount so estimated in writing to such
 
HB3095 Enrolled             -2-                LRB9204854MWdv
 1    township and  municipalities  in  the  proportions  specified
 2    below.    Such  tender  shall  provide  for  payment  by  the
 3    Authority of the amount tendered within 5 years from the date
 4    thereof, and any part of the sum remaining  unpaid  after  12
 5    months  from  that  date shall bear interest at a rate not to
 6    exceed the maximum rate authorized by the Bond  Authorization
 7    Act, as amended at the time of the making of the contract.
 8        In  case  such  tender  is not accepted in writing by the
 9    corporate authorities of  such  township  and  municipalities
10    within  30  days after it is made, the Authority by its board
11    of commissioners shall file a petition in the  circuit  court
12    of  the  county  in  which  the  airport  facilities  of  the
13    Authority    are    located,   naming   such   township   and
14    municipalities   respondents   thereto,   setting   forth   a
15    description  of  such  airport,  airport   improvements   and
16    facilities,   the   estimated   amount   of   such   previous
17    expenditures  by  the  pre-existing  authority, the amount of
18    bonded indebtedness owed by the pre-existing  authority,  the
19    fact  of  such  tender having been made and the date thereof,
20    and praying that there be determined by the circuit court the
21    true amount of such prior expenditures  by  the  pre-existing
22    authority.   A  copy of the petition shall be served upon the
23    presiding officer  of  the  township  and  each  municipality
24    within  5  days  after  the filing of such petition, and upon
25    presentation to the court  of  proof  of  such  service,  the
26    petition shall be set for hearing within not less than 10 nor
27    more  than  20 days.  Such hearing may be continued from time
28    to  time  upon  the  request  of  the   petitioner   or   the
29    respondents,  and at the hearing thereon, the presiding judge
30    of the circuit court shall consider such evidence as  may  be
31    submitted  by  the  parties and shall determine the amount of
32    such actual previous expenditures made and the actual  amount
33    of  bonded  indebtedness owed, and shall determine the amount
34    to be paid to the township and to each included municipality.
 
HB3095 Enrolled             -3-                LRB9204854MWdv
 1    The amount so determined shall be conclusive as  between  the
 2    parties,  and  shall  be  paid  by  the  Metropolitan Airport
 3    Authority within 5 years after the entry of the order  making
 4    such  determination, and any part of the sum remaining unpaid
 5    after 12 months from  the  entry  of  the  order  shall  bear
 6    interest  at a rate not to exceed the maximum rate authorized
 7    by the Bond Authorization Act, as amended at the time of  the
 8    making of the contract.  When paid, the sum shall be accepted
 9    by  the  township  or  municipality  as full payment for such
10    airport and existing improvements and facilities.
11        The moneys monies payable  by  the  Metropolitan  Airport
12    Authority under this Section shall be apportioned between the
13    township  and  its  included  municipalities  on the basis of
14    population as determined by  the  most  recent  1980  federal
15    decennial  census.  The portion of each included municipality
16    shall be computed on the basis of the ratio of the population
17    of the municipality to the total population of the  township.
18    The  township's portion shall be computed on the basis of the
19    ratio of the population of the unincorporated  areas  of  the
20    township to the total population of the township.
21        The  moneys  monies  apportioned to any township shall be
22    used exclusively for the purposes stated in Sections  6-701.1
23    through  6-701.9 of the Illinois Highway Code, and the moneys
24    monies  apportioned  to  any  municipality  shall   be   used
25    exclusively  for  the  purposes  stated  in  Sections 7-202.1
26    through 7-202.22 of the Illinois Highway Code.
27        With respect to instruments  for  the  payment  of  money
28    issued  under  this  Section  either before, on, or after the
29    effective date of this amendatory Act  of  1989,  it  is  and
30    always  has  been  the  intention of the General Assembly (i)
31    that  the  Omnibus  Bond  Acts  are  and  always  have   been
32    supplementary   grants  of  power  to  issue  instruments  in
33    accordance with the Omnibus  Bond  Acts,  regardless  of  any
34    provision  of  this Act that may appear to be or to have been
 
HB3095 Enrolled             -4-                LRB9204854MWdv
 1    more restrictive than those Acts, (ii) that the provisions of
 2    this Section  are  not  a  limitation  on  the  supplementary
 3    authority  granted  by  the Omnibus Bond Acts, and (iii) that
 4    instruments   issued   under   this   Section   within    the
 5    supplementary  authority granted by the Omnibus Bond Acts are
 6    not invalid because of any provision of  this  Act  that  may
 7    appear  to  be  or  to  have been more restrictive than those
 8    Acts.
 9    (Source: P.A. 86-4.)

10        Section 10.  The Illinois Aeronautics Act is  amended  by
11    changing  Sections 17, 27, 31, 34, 36, 38, 38.01, 42, 43, and
12    71 as follows:

13        (620 ILCS 5/17) (from Ch. 15 1/2, par. 22.17)
14        Sec.   17.   "Person"   means   any   individual,   firm,
15    partnership, corporation, company, association,  joint  stock
16    association,  public  service  corporation, joint venture, or
17    body politic; and includes any trustee,  receiver,  assignee,
18    or other similar representative thereof.
19    (Source: Laws 1945, p. 335.)

20        (620 ILCS 5/27) (from Ch. 15 1/2, par. 22.27)
21        Sec. 27.  Cooperation with Federal Government and others.
22    The  Department  shall  cooperate with and assist the Federal
23    Government, the political subdivisions  of  this  State,  and
24    other  states, and others, including private persons, engaged
25    in aeronautics or the promotion  of  aeronautics,  and  shall
26    seek  to  coordinate  the  aeronautical  activities  of these
27    bodies and persons. To this end, the Department is  empowered
28    to  confer  with  or  to hold joint hearings with any federal
29    aeronautical  agency,  and  the  municipalities   and   other
30    political  subdivisions  of  this  State and other states, in
31    connection with any matter relating to  aeronautics,  and  to
 
HB3095 Enrolled             -5-                LRB9204854MWdv
 1    avail  itself  of  the  cooperation,  services,  records, and
 2    facilities  of  such  agencies,  municipalities,  and   other
 3    political subdivisions, federal or otherwise, as fully as may
 4    be  practicable, in the administration and enforcement of the
 5    laws of this State pertaining to aeronautics. The  Department
 6    shall   reciprocate   by   furnishing   to   such   agencies,
 7    municipalities  and  other political subdivisions, federal or
 8    otherwise, its cooperation, services, records and facilities,
 9    in so far as may be practicable.
10        It shall report to the  appropriate  federal  agency  all
11    accidents  in  aeronautics  in  this  State  of  which  it is
12    informed and may preserve, protect and prevent the removal of
13    any aircraft, or the component parts thereof, involved in  an
14    accident  being  investigated  by  it  until a federal agency
15    institutes  an  investigation,  and  shall  report   to   the
16    appropriate  federal  agency  all  refusals by it to register
17    federal licenses, certificates or permits and all revocations
18    of certificates of registration, and  the  reasons  therefor,
19    and  all  penalties  of  which  it has knowledge imposed upon
20    airmen for violations of the laws of this State pertaining to
21    aeronautics  or  for  violations  of  the   rules,   rulings,
22    regulations, orders or decisions of the Department.
23    (Source: Laws 1945, p. 335.)

24        (620 ILCS 5/31) (from Ch. 15 1/2, par. 22.31)
25        Sec. 31. State airport plan and State airways system. The
26    Department  may  designate,  design, and establish, expand or
27    modify a State airport plan and a State airways system  which
28    will  best  serve the interests of the State, with due regard
29    for the following factors; the present and  future  needs  of
30    foreign,  inter-state  and  intra-state  air commerce and air
31    transportation; the present  and  future  needs  of  foreign,
32    inter-state  and intra-state private flying; the existing and
33    contemplated air navigation facilities, including those owned
 
HB3095 Enrolled             -6-                LRB9204854MWdv
 1    or controlled or to be owned or  controlled  by  the  Federal
 2    Government;  the  then  current  national  airport  plan  and
 3    federal  airways  system; and the avoidance of unnecessary or
 4    unreasonable  interference  or  conflict,  on  the  part   of
 5    airports,  airport  plans  and restricted landing areas, with
 6    existing important  or  essential  facilities,  or  buildings
 7    devoted  to  the  public  use.  The Department may chart such
 8    State airport plan and State airways system and  arrange  for
 9    publication  and  distribution  of  maps, charts, notices and
10    bulletins relating thereto, as may be required in the  public
11    interest.  To  the extent practicable, the State airport plan
12    and the State airways system  shall  be  integrated  with  or
13    supplementary to and coordinated in design and operation with
14    the  National airport plan and the Federal airways system, as
15    the same may be revised from time to time. The State  airport
16    plan  and  State  airways system may include all types of air
17    navigation facilities, whether publicly or  privately  owned,
18    provided such facilities conform to federal safety standards.
19    (Source: Laws 1945, p. 335.)

20        (620 ILCS 5/34) (from Ch. 15 1/2, par. 22.34)
21        Sec.  34.  Financial  assistance  to  municipalities  and
22    others.  The Department, subject to the provisions of Section
23    41 of this  Act,  may  render  financial  assistance  in  the
24    planning,     construction,     reconstruction,    extension,
25    development, and improvement  of  air  navigation  facilities
26    including  acquisition  of  land,  rights  in land, easements
27    including avigation easements necessary for  clear  zones  or
28    clear   areas,  costs  of  obstruction  removal  and  airport
29    approach aids owned, controlled, or operated, or to be owned,
30    controlled, or operated by  municipalities,  other  political
31    subdivisions  of  this State, or privately owned commercially
32    operated airports in Illinois, out of appropriations made  by
33    the   General  Assembly  for  any  such  purpose.;  provided,
 
HB3095 Enrolled             -7-                LRB9204854MWdv
 1    however, that  The Department shall not render such financial
 2    assistance in connection  with  the  planning,  construction,
 3    reconstruction,  extension,  development  or  improvement  of
 4    hangars or other airport buildings, or in connection with the
 5    subsequent  operation  or  maintenance of such air navigation
 6    facilities.; and provided, further, that   The  municipality,
 7    other  political subdivision, or privately owned commercially
 8    operated  airports  in  Illinois,  to  which  such  financial
 9    assistance is being extended by the Department,  before  such
10    financial  assistance  is given, shall satisfy the Department
11    that (a) such  air  navigation  facility  will  be  owned  or
12    effectively  controlled,  operated,  repaired  and maintained
13    adequately during its full useful life, for  the  benefit  of
14    the  public, and (b) in connection with the operation of such
15    air navigation facility, during its  full  useful  life,  the
16    public  will not be deprived of its rightful, fair, equal and
17    uniform use thereof.  The owners and operators of an  airport
18    receiving financial assistance under this Act must adequately
19    control, operate, repair, and maintain the airport during its
20    full  useful  life for the benefit of the public.  The owners
21    and operators of an airport  receiving  financial  assistance
22    must  ensure  that  the  public  will  not be deprived of its
23    rightful, fair, equal, and uniform use of the airport  during
24    its  full  useful  life.  For the purposes of this paragraph,
25    the full useful life of an airport is not less than 20  years
26    after  the financial assistance is received by the owners and
27    operators of the airport. Nothing in this  Section,  however,
28    imposes   any   obligation  that  is  inconsistent  with  any
29    judgment, order, injunction, or decree of any court that  was
30    rendered  before the effective date of this amendatory Act of
31    the 92nd General Assembly.
32        Any commercial airport, in order  to  qualify  under  the
33    provisions  of  this  Section  must  be included in the State
34    Airport Plan as prepared or revised from time to time by  the
 
HB3095 Enrolled             -8-                LRB9204854MWdv
 1    Illinois  Department  of  Transportation.   In  the  case  of
 2    commercial  public  use airports which are not publicly owned
 3    airports, no such development or  planning  may  be  proposed
 4    except  in  connection with reliever airports included in the
 5    current National Airport System Plan.
 6        Improvements  to  privately  owned  commercial   airports
 7    qualifying  under  this  Section  shall be contracted for and
 8    constructed or developed under the supervision  or  direction
 9    of  the  Department or such other Department, agency, officer
10    or employee of this State as the Department may designate.
11        If  a  privately  owned  commercially  operated   airport
12    receives  assistance under this Section and ceases operations
13    before the predetermined life of the improvements  made  with
14    such assistance, the State shall be reimbursed for the unused
15    portion  of such predetermined life and such claim shall be a
16    lien on the airport property.
17    (Source: P.A. 82-978.)

18        (620 ILCS 5/36) (from Ch. 15 1/2, par. 22.36)
19        Sec. 36. Right to enter  upon  the  land,  buildings  and
20    structures of others. In exercising its powers and performing
21    its  functions  under  the  laws  of this State pertaining to
22    aeronautics, and the rules, rulings, regulations, orders  and
23    decisions  issued  pursuant  thereto,  the  Department,  each
24    officer thereof, and each employee designated by it, and such
25    other  departments,  agencies,  representatives, officers and
26    employees of this State and of the municipalities  and  other
27    political subdivisions thereof as may be designated by it, or
28    who  are  charged  with  the  enforcement of the laws of this
29    State pertaining to aeronautics, whether or not designated by
30    the Department to do so, shall have the right to  enter  upon
31    the  land  within  this  State of any person, municipality or
32    other political  subdivision  and  enter  the  buildings  and
33    structures  thereon  for the purposes, when and to the extent
 
HB3095 Enrolled             -9-                LRB9204854MWdv
 1    that their duty so requires, of making surveys,  ascertaining
 2    necessary  facts,  and  making investigations relating to the
 3    State airport plan, the State airways systems, a proposed  or
 4    existing  air  navigation  facility,  any airport hazard, the
 5    obtaining of airport protection privileges, the establishment
 6    of zoning areas, the investigation  of  accidents  concerning
 7    aircraft  in  this  State,  the  condemning  of property, the
 8    investigation of any violation of  the  laws  of  this  State
 9    pertaining   to   aeronautics   and   the   rules,   rulings,
10    regulations,  orders  and  decisions issued pursuant thereto,
11    and for any other purpose within the purview of the  laws  of
12    this  State pertaining to aeronautics and the rules, rulings,
13    regulations, orders and decisions  issued  pursuant  thereto;
14    provided  that such entry shall occur at reasonable times and
15    with due regard for the  safety  of  the  owner,  persons  in
16    possession  or  occupants  thereof, and the protection of the
17    buildings, structures, crops, or  personal  property  located
18    thereon;  provided, further, that in the event any damage may
19    be caused by virtue of any such  entry,  the  Department  may
20    pay, as compensation, the amount of said damage as determined
21    by  it,  in  full  satisfaction thereof, within the limits of
22    available appropriations, or, if the Department does not  pay
23    the   amount   of   any  such  damage,  the  person  claiming
24    compensation  therefor  may  file  his  claim  in  connection
25    therewith in the Court of Claims of this State.
26    (Source: Laws 1945, p. 335.)

27        (620 ILCS 5/38) (from Ch. 15 1/2, par. 22.38)
28        Sec. 38.  Authority to receive Federal moneys monies  for
29    State  and  municipalities.   Subject  to  the  provisions of
30    Section 41, the  Department  is  authorized  to  accept  and,
31    receive,  and  receipt  for  Federal moneys monies, and other
32    moneys monies, either public or private, for and on in behalf
33    of  this  State,  or  any  municipality  or  other  political
 
HB3095 Enrolled             -10-               LRB9204854MWdv
 1    subdivision thereof, at the request of such  municipality  or
 2    political  subdivision,  for  the  acquisition, construction,
 3    development, improvement, operation and  maintenance  of  air
 4    navigation  facilities in this State, whether such work is to
 5    be done by the State  or  by  such  municipalities  or  other
 6    political  subdivisions,  or  jointly, aided by grants of aid
 7    from the United States, upon such terms and conditions as are
 8    or may be prescribed by the laws of the United States and any
 9    rules or regulations made thereunder, and it is authorized to
10    act  as  agent  of  any  municipality  or   other   political
11    subdivision   of   this   State  upon  the  request  of  such
12    municipality or political subdivision (or upon designation by
13    such  municipality  or  political  subdivision  pursuant   to
14    Section  38.01), in accepting and, receiving those moneys on,
15    and  receipting  for  such  monies  in  its  behalf  for  air
16    navigation facility purposes,  and  in  contracting  for  the
17    acquisition,    construction,    development,    improvement,
18    operation  and  maintenance  of  air navigation facilities in
19    this State, financed either in whole or in  part  by  Federal
20    monies,  and  the  governing body of any such municipality or
21    other political subdivision is authorized  to  designate  the
22    Department  as  its agent for such purposes and to enter into
23    an agreement with it prescribing the terms and conditions  of
24    such  agency  in  accordance  with  Federal  laws, rules, and
25    regulations and with this act. Such monies as are  paid  over
26    by  the  United  States  Government  shall be retained by the
27    State or paid over to said municipalities or other  political
28    subdivisions  under  such  terms  and  conditions  as  may be
29    imposed by  the  United  States  Government  in  making  such
30    grants.
31    (Source: Laws 1947, p. 305.)

32        (620 ILCS 5/38.01) (from Ch. 15 1/2, par. 22.38a)
33        Sec.  38.01.  No municipality or political subdivision in
 
HB3095 Enrolled             -11-               LRB9204854MWdv
 1    this state, whether acting  alone  or  jointly  with  another
 2    municipality  or  political  subdivision  or  with the state,
 3    shall submit any project application under the provisions  of
 4    the  Airport  and  Airway  Improvement  Act  of  1982, or any
 5    amendment  thereof,  unless  the  project  and  the   project
 6    application  have  been  first approved by the Department. No
 7    such municipality or  political  subdivision  shall  directly
 8    accept,  receive,  receipt for, or disburse any funds granted
 9    by the United States under the Airport and Airway Improvement
10    Act of 1982, but it shall designate  the  Department  as  its
11    agent  to  accept,  receive,  receipt  for  and disburse such
12    funds, provided, however, nothing in this  section  shall  be
13    construed  to  prohibit  any  municipality  or  any political
14    sub-division of more than 500,000 inhabitants from disbursing
15    such funds through its corporate authorities. It shall  enter
16    into  an  agreement with the Department prescribing the terms
17    and conditions of such  agency  in  accordance  with  federal
18    laws,  rules  and  regulations  and  applicable  laws of this
19    state.
20    (Source: P.A. 89-35, eff. 1-1-96.)

21        (620 ILCS 5/42) (from Ch. 15 1/2, par. 22.42)
22        Sec. 42.  Regulation of aircraft, airmen, and airports.
23        (a)  The general public interest and safety,  the  safety
24    of  persons  operating, using, or traveling in, aircraft, and
25    of persons and property on the ground, and  the  interest  of
26    aeronautical   progress   require   requiring  that  aircraft
27    operated within this State should be airworthy,  that  airmen
28    should   be  properly  qualified,  and  that  air  navigation
29    facilities should be suitable for the purposes for which they
30    are designed.;  The purposes of this  Act  require  requiring
31    that  the Department should be enabled to exercise the powers
32    of regulation and supervision herein granted.;  The advantage
33    of uniform regulation makes making it desirable that aircraft
 
HB3095 Enrolled             -12-               LRB9204854MWdv
 1    operated within this State should  conform  with  respect  to
 2    design,  construction,  and  airworthiness  to  the standards
 3    prescribed by the United States Government  with  respect  to
 4    civil  aircraft  subject to its jurisdiction and that persons
 5    engaging in aeronautics within this  State  should  have  the
 6    qualifications    necessary   for   obtaining   and   holding
 7    appropriate airman certificates of the United States.  It is;
 8    and it being desirable and right that all applicable fees and
 9    taxes shall be paid with respect to aircraft operated  within
10    this State.
11        (b)  In  light  of  the  findings in subsection (a),; the
12    Department is authorized:
13             (1)  To require the registration, every 2 years,  of
14        federal   licenses,  certificates  or  permits  of  civil
15        aircraft engaged in air navigation within this State, and
16        of airmen engaged in aeronautics within this  State,  and
17        to   issue   certificates  of  such  registration.  These
18        certificates of registration constitute the authorization
19        of such aircraft and airmen for  operations  within  this
20        State  to  the  extent permitted by the federal licenses,
21        certificates or permits so registered. It shall charge  a
22        fee,  payable every 2 years, for the registration of each
23        federal license, certificate or permit of  $10  for  each
24        airman's   certificate   and   $20   for   each  aircraft
25        certificate. It may accept as evidence of the holding  of
26        a  federal  license,  certificate  or permit the verified
27        application of the airman or the owner of  the  aircraft,
28        which  application  shall contain such information as the
29        Department may by  rule,  ruling,  regulation,  order  or
30        decision   prescribe.   The   Department's  authority  to
31        register   aircraft   or   to   issue   certificates   of
32        registration is limited as follows:
33                  (i)  Except  as   to   any   aircraft   vehicle
34             purchased  before  March 8, 1963, the Department, in
 
HB3095 Enrolled             -13-               LRB9204854MWdv
 1             the case of the first registration of  any  aircraft
 2             vehicle  for  any  given  owner on or after March 8,
 3             1963, may not issue a  certificate  of  registration
 4             with respect to any aircraft vehicle until after the
 5             Department  has been satisfied that no tax under the
 6             Use Tax Act, or the Municipal Use Tax  Act,  or  the
 7             Home  Rule  County Use Tax Law County Use Tax Act is
 8             owing by  reason  of  the  use  of  the  vehicle  in
 9             Illinois or that any tax so imposed has been paid. A
10             receipt issued under those Acts by the Department of
11             Revenue constitutes proof of payment of the tax. For
12             the  purpose of this paragraph subsection, "aircraft
13             vehicle" means a single aircraft.
14                  (ii)  If the proof of payment of the tax or  of
15             nonliability  therefor is, after the issuance of the
16             certificate of registration, found  to  be  invalid,
17             the  Department  shall  revoke  the  certificate and
18             require that the  certificate  be  returned  to  the
19             Department.
20             (2)  To classify and approve airports and restricted
21        landing  areas and any alterations or extensions thereof.
22        Certificates  of  approval  issued   pursuant   to   this
23        paragraph,  or pursuant to any prior law, shall be issued
24        in the name of the applicant and  shall  be  transferable
25        upon  a  change of ownership or control of the airport or
26        restricted  landing  area  only  after  approval  of  the
27        Department. No charge or fee shall be made or imposed for
28        any  kind  of  certificate  of  approval  or  a  transfer
29        thereof.
30             (3)  To   temporarily   or    permanently    revoke,
31        temporarily    or   permanently,   any   certificate   of
32        registration of an aircraft or airman issued by it, or to
33        refuse to issue any  such  certificate  of  registration,
34        when  it  shall reasonably determine that any aircraft is
 
HB3095 Enrolled             -14-               LRB9204854MWdv
 1        not airworthy, or that any airman:
 2                  (i)  is not qualified;,
 3                  (ii)  has willfully wilfully violated the  laws
 4             of  this  State  pertaining  to  aeronautics  or any
 5             rules, rulings, regulations,  orders,  or  decisions
 6             issued  pursuant  thereto, or any Federal law or any
 7             rule or regulation issued pursuant thereto;,
 8                  (iii)  is addicted to the use of  narcotics  or
 9             other habit forming drug, or to the excessive use of
10             intoxicating liquor;,
11                  (iv)  has  made  any  false  statement  in  any
12             application  for  registration of a federal license,
13             certificate or permit;, or
14                  (v)  has been guilty of other conduct, acts, or
15             practices dangerous to the public safety or and  the
16             safety of those engaged in aeronautics.
17        (c)  The  Department  may  refuse to issue or may suspend
18    the certificate of any person who fails to file a return,  or
19    to  pay the tax, penalty or interest shown in a filed return,
20    or to pay any final assessment of tax, penalty  or  interest,
21    as  required  by  any  tax  Act  administered by the Illinois
22    Department of Revenue, until such time as the requirements of
23    any such tax Act are satisfied.
24    (Source: P.A. 87-232.)

25        (620 ILCS 5/43) (from Ch. 15 1/2, par. 22.43)
26        Sec.  43.   Operations  unlawful   without   license   or
27    certificate.   Except  as  hereinafter  provided,  when  such
28    registration is required  by  the  Department,  it  shall  be
29    unlawful  for  any person to operate or cause or authorize to
30    be operated any civil aircraft within this State unless  such
31    aircraft has an appropriate effective license, certificate or
32    permit  issued  by  the  United States Government for which a
33    certificate of registration has been issued by the Department
 
HB3095 Enrolled             -15-               LRB9204854MWdv
 1    which is in full force and effect, and it shall  be  unlawful
 2    for  any person to engage in aeronautics as an airman in this
 3    State  unless  he  has  obtained  from   the   Department   a
 4    certificate  of  registration  of  an  appropriate  effective
 5    airman's  license, certificate or permit issued by the United
 6    States Government authorizing him to engage in the particular
 7    class  of  aeronautics  in  which  he   is   engaged,   which
 8    certificate of registration is in full force and effect.
 9        Aircraft and airmen that are not required to be licensed,
10    certificated,  or  permitted  by the United States government
11    and that have not received a license, certificate, or  permit
12    are  not  required  to  register  with  the Department before
13    engaging in aeronautics in Illinois.
14    (Source: Laws 1945, p. 335.)

15        (620 ILCS 5/71) (from Ch. 15 1/2, par. 22.71)
16        Sec. 71.  Suspension of orders pending judicial review.)
17        (a)  The pendency of judicial review shall not of  itself
18    stay   or   suspend   the  operation  of  the  rule,  ruling,
19    regulation, order or decision of the Department,  but  during
20    the  pendency  of  such  review  the  circuit  court,  in its
21    discretion may stay or suspend, in  whole  or  in  part,  the
22    operation of the Department's rule, ruling, regulation, order
23    or decision.
24        (b)  No  order  so  staying or suspending a rule, ruling,
25    regulation, order or decision of the Department shall be made
26    by the circuit court otherwise than upon 3  days'  notice  to
27    the  Department and after a hearing, and if the rule, ruling,
28    regulation, order or decision of the Department is suspended,
29    the order  suspending  the  same  shall  contain  a  specific
30    finding  based  upon  evidence  submitted  to  the court, and
31    identified by reference thereto, that  great  or  irreparable
32    damage   would   otherwise  result  to  the  petitioner,  and
33    specifying the nature of the damage.
 
HB3095 Enrolled             -16-               LRB9204854MWdv
 1        (c)  In case  the  rule,  ruling,  regulation,  order  or
 2    decision  of the Department is stayed or suspended, the order
 3    of the circuit court  shall  not  become  effective  until  a
 4    suspending bond shall first have been executed and filed with
 5    and  approved  by  the Department (or approved, on review, by
 6    the court) payable to the people of the State of Illinois and
 7    sufficient in  amount  and  security  to  insure  the  prompt
 8    payment  by  the  party  petitioning  for  the review, of all
 9    damages caused by the delay in the enforcement of  the  rule,
10    ruling,  regulation  order  or  decision of the Department in
11    case the rule,  ruling,  regulation,  order  or  decision  is
12    sustained.  However, no bond shall be required in the case of
13    any  stay  or  suspension  granted on application of any body
14    politic, municipality or other political subdivision.
15    (Source: P.A. 79-1361.)

16        Section 15.   The  County  Airports  Act  is  amended  by
17    changing Sections 6, 37, and 65 as follows:

18        (620 ILCS 50/6) (from Ch. 15 1/2, par. 109)
19        Sec.  6. "Aircraft" means the same as in Section 3 of the
20    Illinois  Aeronautics  Act  any  contrivance  now  known,  or
21    hereafter invented, used or designed  for  navigation  of  or
22    flight in the air.
23    (Source: Laws 1945, p. 594.)

24        (620 ILCS 50/37) (from Ch. 15 1/2, par. 141)
25        Sec.  37.  Any  two or more counties may appoint the same
26    person as Superintendent for each of such counties and may by
27    be agreement provide  for  the  proportionate  share  of  the
28    salary  and  expenses  of  such appointee to be borne by each
29    county.
30    (Source: Laws 1945, p. 594.)


 
HB3095 Enrolled             -17-               LRB9204854MWdv
 1        (620 ILCS 50/65) (from Ch. 15 1/2, par. 169)
 2        Sec. 65. In exercising its powers and duties  under  this
 3    Act,    the    Commission,    each   officer   thereof,   the
 4    Superintendent,   and   each   employee   or   representative
 5    designated by it, shall have the right to enter upon the land
 6    of any person, municipality or  other  political  subdivision
 7    and  enter  the  buildings  and  structures  thereon  at  all
 8    reasonable  times,  when and to the extent that their duty so
 9    requires in making surveys, ascertaining necessary facts  and
10    making investigations relating to airports.
11    (Source: Laws 1945, p. 594.)

12        Section  99.  Effective date.  This Act takes effect upon
13    becoming law.

[ Top ]