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Public Act 099-0605
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| HB4387 Enrolled | LRB099 15663 RJF 39958 b |
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AN ACT concerning transportation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Aeronautics Act is amended by |
changing Section 42 as follows:
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(620 ILCS 5/42) (from Ch. 15 1/2, par. 22.42)
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Sec. 42. Regulation of aircraft, airmen, and airports.
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(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
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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.
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(b) In light of the findings in subsection (a), the |
Department is
authorized:
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(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
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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,
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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 |
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certificates of
registration is limited as follows:
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(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.
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(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
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Department shall revoke the certificate and require |
that the certificate be
returned to the Department.
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(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 |
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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.
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(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
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aircraft is not airworthy, or that any airman:
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(i) is not qualified;
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(ii) has willfully violated the laws of this State
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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;
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(iii) is addicted to the use of narcotics or other |
habit forming
drug, or to the excessive use of |
intoxicating liquor;
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(iv) has made any false statement in any |
application for
registration of a federal license, |
certificate or permit; or
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(v) has been guilty of other conduct, acts, or |
practices dangerous
to the public safety or the safety |
of those engaged in aeronautics.
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(c) The Department may refuse to issue or may suspend the
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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 |