Illinois General Assembly - Full Text of Public Act 099-0605
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Public Act 099-0605





Public Act 099-0605
HB4387 EnrolledLRB099 15663 RJF 39958 b

    AN ACT concerning transportation.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 5. The Illinois Aeronautics Act is amended by
changing Section 42 as follows:
    (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
    federal licenses, certificates or permits of civil
    aircraft engaged in air navigation within this State, and a
    one-time registration , and of airmen engaged in
    aeronautics within this State, and to issue certificates of
    such registration. These certificates of registration
    constitute the authorization of such aircraft and airmen
    for operations within this State to the extent permitted by
    the federal licenses, certificates or permits so
    registered. It shall charge a fee, payable every 2 years,
    for the registration of each federal license, certificate
    or permit of $10 for each airman's certificate and $20 for
    each aircraft certificate and a one-time fee of $20,
    payable at registration, for each airman's certificate. It
    may accept as evidence of the holding of a federal license,
    certificate or permit the verified application of the
    airman or the owner of the aircraft, which application
    shall contain such information as the Department may by
    rule, ruling, regulation, order or decision prescribe. The
    Department's authority to register aircraft or to issue
    certificates of registration is limited as follows:
            (i) Except as to any aircraft vehicle purchased
        before March 8, 1963, the Department, in the case of
        the first registration of any aircraft vehicle for any
        given owner on or after March 8, 1963, may not issue a
        certificate of registration with respect to any
        aircraft vehicle until after the Department has been
        satisfied that no tax under the Use Tax Act, the
        Aircraft Use Tax Law, the Municipal Use Tax Act, or the
        Home Rule County Use Tax Law is owing by reason of the
        use of the vehicle in Illinois or that any tax so
        imposed has been paid. A receipt issued under those
        Acts by the Department of Revenue constitutes proof of
        payment of the tax. For the purpose of this paragraph,
        "aircraft vehicle" means a single aircraft.
            (ii) If the proof of payment of the tax or of
        nonliability therefor is, after the issuance of the
        certificate of registration, found to be invalid, the
        Department shall revoke the certificate and require
        that the certificate be returned to the Department.
        (2) To classify and approve airports and restricted
    landing areas and any alterations or extensions thereof.
    Certificates of approval issued pursuant to this
    paragraph, or pursuant to any prior law, shall be issued in
    the name of the applicant and shall be transferable upon a
    change of ownership or control of the airport or restricted
    landing area only after approval of the Department. No
    charge or fee shall be made or imposed for any kind of
    certificate of approval or a transfer thereof.
        (3) To revoke, temporarily or permanently, any
    certificate of registration of an aircraft or airman issued
    by it, or to refuse to issue any such certificate of
    registration, when it shall reasonably determine that any
    aircraft is not airworthy, or that any airman:
            (i) is not qualified;
            (ii) has willfully violated the laws of this State
        pertaining to aeronautics or any rules, rulings,
        regulations, orders, or decisions issued pursuant
        thereto, or any Federal law or any rule or regulation
        issued pursuant thereto;
            (iii) is addicted to the use of narcotics or other
        habit forming drug, or to the excessive use of
        intoxicating liquor;
            (iv) has made any false statement in any
        application for registration of a federal license,
        certificate or permit; or
            (v) has been guilty of other conduct, acts, or
        practices dangerous to the public safety or the safety
        of those engaged in aeronautics.
    (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.
(Source: P.A. 92-341, eff. 8-10-01; 93-24, eff. 6-20-03.)

Effective Date: 1/1/2017