State of Illinois
Public Acts
92nd General Assembly

[ Home ]  [ ILCS ] [ Search ] [ Bottom ]
 [ Other General Assemblies ]

Public Act 92-0341

HB3095 Enrolled                                LRB9204854MWdv

    AN ACT in relation to aeronautics.

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

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

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

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

    (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: 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.
    It  shall  report  to  the appropriate federal agency all
accidents in  aeronautics  in  this  State  of  which  it  is
informed and may preserve, protect and prevent the removal of
any  aircraft, or the component parts thereof, involved in an
accident being investigated by  it  until  a  federal  agency
institutes   an   investigation,  and  shall  report  to  the
appropriate federal agency all refusals  by  it  to  register
federal licenses, certificates or permits and all revocations
of  certificates  of  registration, and the reasons therefor,
and all penalties of which  it  has  knowledge  imposed  upon
airmen for violations of the laws of this State pertaining to
aeronautics   or   for  violations  of  the  rules,  rulings,
regulations, orders or decisions of the Department.
(Source: Laws 1945, p. 335.)

    (620 ILCS 5/31) (from Ch. 15 1/2, par. 22.31)
    Sec. 31. State airport plan and State airways system. The
Department may designate, design, and  establish,  expand  or
modify  a State airport plan and a State airways system 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 State airways system 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
and  the  State  airways  system  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 and State airways system may include all  types  of  air
navigation  facilities,  whether publicly or privately owned,
provided such facilities conform to federal safety standards.
(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.;   provided,
however, that  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.;  and  provided, further, that  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. 82-978.)

    (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, the State airways systems, 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: Laws 1945, p. 335.)

    (620 ILCS 5/38) (from Ch. 15 1/2, par. 22.38)
    Sec.  38.  Authority to receive Federal moneys monies for
State and  municipalities.   Subject  to  the  provisions  of
Section  41,  the  Department  is  authorized  to accept and,
receive, and receipt for Federal  moneys  monies,  and  other
moneys monies, either public or private, for and on in 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,
and  receipting  for  such  monies  in  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: Laws 1947, p. 305.)

    (620 ILCS 5/38.01) (from Ch. 15 1/2, par. 22.38a)
    Sec. 38.01.  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.  No
such  municipality  or  political  subdivision shall directly
accept, receive, receipt for, 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,  receipt  for  and  disburse  such
funds,  provided,  however,  nothing in this section shall be
construed to  prohibit  any  municipality  or  any  political
sub-division of more than 500,000 inhabitants from disbursing
such  funds through its corporate authorities. 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.
(Source: P.A. 89-35, eff. 1-1-96.)

    (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   requiring   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 requiring
that the Department should be enabled to exercise the  powers
of regulation and supervision herein granted.;  The advantage
of uniform regulation makes making 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;
and it being 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
    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.  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,  or the Municipal Use Tax Act, or the
         Home Rule County Use Tax Law County Use Tax  Act  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 subsection,  "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    temporarily    or   permanently   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 wilfully 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 and 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. 87-232.)

    (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: 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. 79-1361.)

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

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

    (620 ILCS 50/37) (from Ch. 15 1/2, par. 141)
    Sec. 37. Any two or more counties may  appoint  the  same
person as Superintendent for each of such counties and may by
be  agreement  provide  for  the  proportionate  share of the
salary and expenses of such appointee to  be  borne  by  each
county.
(Source: Laws 1945, p. 594.)
    (620 ILCS 50/65) (from Ch. 15 1/2, par. 169)
    Sec.  65.  In exercising its powers and duties under this
Act,   the   Commission,   each    officer    thereof,    the
Superintendent,   and   each   employee   or   representative
designated by it, shall have the right to enter upon the land
of  any  person,  municipality or other political subdivision
and  enter  the  buildings  and  structures  thereon  at  all
reasonable times, when and to the extent that their  duty  so
requires  in making surveys, ascertaining necessary facts and
making investigations relating to airports.
(Source: Laws 1945, p. 594.)

    Section 99.  Effective date.  This Act takes effect  upon
becoming law.
    Passed in the General Assembly May 17, 2001.
    Approved August 10, 2001.

[ Top ]