Full Text of HB4640 98th General Assembly
HB4640 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB4640 Introduced , by Rep. Joe Sosnowski SYNOPSIS AS INTRODUCED: |
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620 ILCS 5/42 | from Ch. 15 1/2, par. 22.42 |
620 ILCS 5/43 | from Ch. 15 1/2, par. 22.43 |
620 ILCS 5/45 | from Ch. 15 1/2, par. 22.45 |
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Amends the Illinois Aeronautics Act. Removes provisions requiring airmen to register a federal license, certificate, or permit with the Division of Aeronautics of the Department of Transportation and receive a State certificate of registration to operate an aircraft within the State. Provides that the Department of Transportation may still suspend or revoke the flying privileges of an airman who (i) is not qualified; (ii) has willfully violated the State or federal laws or regulations pertaining to aeronautics; (iii) is addicted to the use of narcotics or other habit forming drug, or to the excessive use of alcohol; (iv) has made any false statement in an application for registration of a federal aircraft 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.
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| | A BILL FOR |
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| 1 | | AN ACT concerning transportation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Aeronautics Act is amended by | 5 | | changing Sections 42, 43, and 45 as follows:
| 6 | | (620 ILCS 5/42) (from Ch. 15 1/2, par. 22.42)
| 7 | | Sec. 42. Regulation of aircraft, airmen, and airports.
| 8 | | (a) The general public interest and safety, the safety of | 9 | | persons
operating,
using, or traveling in, aircraft, and of | 10 | | persons and property on the
ground, and the interest of | 11 | | aeronautical progress require
that aircraft
operated within | 12 | | this State should be airworthy, that airmen should be
properly | 13 | | qualified, and that air navigation facilities should be | 14 | | suitable
for the purposes for which they are designed. The | 15 | | purposes of this
Act
require that the Department should be | 16 | | enabled to exercise the
powers of
regulation and supervision | 17 | | herein granted. The advantage of uniform
regulation makes it | 18 | | desirable that aircraft operated within this
State
should | 19 | | conform with respect to design, construction, and | 20 | | airworthiness to
the standards prescribed by the United States | 21 | | Government with respect to
civil aircraft subject to its | 22 | | jurisdiction and that persons engaging in
aeronautics within | 23 | | this State should have the qualifications necessary for
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| 1 | | obtaining and holding appropriate airman certificates of the | 2 | | United States.
It is desirable and right that all applicable | 3 | | fees and
taxes shall
be paid with respect to aircraft operated | 4 | | within this State.
| 5 | | (b) In light of the findings in subsection (a), the | 6 | | Department is
authorized:
| 7 | | (1) To require the registration, every 2 years, of | 8 | | federal licenses,
certificates or permits of civil | 9 | | aircraft engaged in air navigation within
this State , and | 10 | | of airmen engaged in aeronautics within this State, and to
| 11 | | issue certificates of such registration. These | 12 | | certificates of registration
constitute the authorization | 13 | | of such aircraft and airmen for operations
within this | 14 | | State to the extent permitted by the federal licenses,
| 15 | | certificates or permits so registered. It shall charge a | 16 | | fee, payable every
2 years, for the registration of each | 17 | | federal license, certificate or
permit of $10 for each | 18 | | airman's certificate and $20 for each aircraft
| 19 | | certificate. It may accept as evidence of the holding of a | 20 | | federal license,
certificate or permit the verified | 21 | | application of the airman or the owner
of the aircraft, | 22 | | which application shall contain such information as the
| 23 | | Department may by rule, ruling, regulation, order or | 24 | | decision prescribe.
The Department's authority to register | 25 | | aircraft or to issue certificates of
registration is | 26 | | limited as follows:
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| 1 | | (i) Except as to any aircraft vehicle purchased | 2 | | before March 8,
1963,
the Department, in the case of | 3 | | the first registration of any aircraft vehicle
for any | 4 | | given owner on or after March 8, 1963, may not issue a | 5 | | certificate
of registration with respect to any | 6 | | aircraft vehicle until after the
Department has been | 7 | | satisfied that no tax under the Use Tax Act, the | 8 | | Aircraft
Use Tax Law, the
Municipal Use Tax Act, or the | 9 | | Home Rule County Use Tax Law is owing by reason
of
the | 10 | | use of the vehicle in Illinois or that any tax so | 11 | | imposed has been
paid.
A receipt issued under those | 12 | | Acts by the Department of Revenue
constitutes proof of | 13 | | payment of the tax. For the purpose of this
paragraph, | 14 | | "aircraft vehicle" means a single aircraft.
| 15 | | (ii) If the proof of payment of the tax or of | 16 | | nonliability therefor
is,
after
the issuance of the | 17 | | certificate of registration, found to be invalid, the
| 18 | | Department shall revoke the certificate and require | 19 | | that the certificate be
returned to the 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
in | 24 | | the name of the applicant and shall be transferable upon a | 25 | | change of
ownership or control of the airport or restricted | 26 | | landing area only
after approval of the Department.
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| 1 | | charge
or fee shall be made or imposed for any kind of | 2 | | certificate of approval or
a transfer thereof.
| 3 | | (3) To revoke, temporarily or
permanently, any | 4 | | certificate of registration
of an aircraft or airman issued | 5 | | by it, or to refuse to issue any such
certificate of | 6 | | registration, when it shall reasonably determine that any
| 7 | | aircraft is not airworthy . , or that any airman:
| 8 | | (4) To suspend or revoke, temporarily or permanently, | 9 | | the flying privileges of any airman who:
| 10 | | (i) is not qualified;
| 11 | | (ii) has willfully violated the laws of this State
| 12 | | pertaining to
aeronautics or any rules, rulings, | 13 | | regulations, orders, or decisions issued
pursuant | 14 | | thereto, or any Federal law or any rule or regulation | 15 | | issued pursuant
thereto;
| 16 | | (iii) is addicted to the use of narcotics or other | 17 | | habit forming
drug, or to the excessive use of | 18 | | intoxicating liquor;
| 19 | | (iv) has made any false statement in any | 20 | | application for
registration of a federal aircraft | 21 | | license, certificate or permit; or
| 22 | | (v) has been guilty of other conduct, acts, or | 23 | | practices dangerous
to the public safety or the safety | 24 | | of those engaged in aeronautics.
| 25 | | (c) The Department may refuse to issue or may suspend the
| 26 | | certificate of any person who fails to file a return, or to pay |
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| 1 | | the tax,
penalty or interest shown in a filed return, or to pay | 2 | | any final assessment
of tax, penalty or interest, as required | 3 | | by any tax Act administered by the
Illinois Department of | 4 | | Revenue, until such time as the requirements of any
such tax | 5 | | Act are satisfied.
| 6 | | (Source: P.A. 92-341, eff. 8-10-01; 93-24, eff. 6-20-03.)
| 7 | | (620 ILCS 5/43) (from Ch. 15 1/2, par. 22.43)
| 8 | | Sec. 43. Operations unlawful without license or | 9 | | certificate. Except as hereinafter provided, when such | 10 | | registration is required by
the Department, it shall be | 11 | | unlawful for any person to operate or cause or
authorize to be | 12 | | operated any civil aircraft within this State unless such
| 13 | | aircraft has an appropriate effective license, certificate or | 14 | | permit issued
by the United States Government for which a | 15 | | certificate of registration has
been issued by the Department | 16 | | which is in full force and effect, and it
shall be unlawful for | 17 | | any person to engage in aeronautics as an airman in
this State | 18 | | unless he has obtained from the Department a certificate of
| 19 | | registration of an appropriate effective airman's license, | 20 | | certificate or
permit issued by the United States Government | 21 | | authorizing him to engage in
the particular class of | 22 | | aeronautics in which he is engaged, which
certificate of | 23 | | registration is in full force and effect.
| 24 | | Aircraft and airmen that are not required to be licensed, | 25 | | certificated, or
permitted by the United States government and |
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| 1 | | that have not received a license,
certificate, or permit are | 2 | | not required to register with the Department before
engaging in | 3 | | aeronautics in Illinois.
| 4 | | (Source: P.A. 92-341, eff. 8-10-01.)
| 5 | | (620 ILCS 5/45) (from Ch. 15 1/2, par. 22.45)
| 6 | | Sec. 45. Exhibition of licenses and certificates.
| 7 | | The federal license, certificate, or permit , and the | 8 | | evidence of
registration in this or another state, if any, | 9 | | required for an airman shall
be kept in the personal possession | 10 | | of the airman when he is operating
within this State and must | 11 | | be presented for inspection upon the demand of
any passenger, | 12 | | or any peace officer of this State, any officer or
authorized | 13 | | employee of the Department, or any official, manager or person
| 14 | | in charge of any airport in this State upon which he shall | 15 | | land, or upon
the reasonable request of any other person. The | 16 | | federal aircraft license,
certificate, or permit , and the | 17 | | evidence of registration in this or another
state, if any, | 18 | | required for aircraft must be carried in every aircraft
| 19 | | operating in this State at all times and must be conspicuously | 20 | | posted
therein where it may readily be seen by passengers or | 21 | | inspectors and must
be presented for inspection upon the demand | 22 | | of any passenger, any peace
officer of this State, any officer | 23 | | or authorized employee of the
Department, or any official, | 24 | | manager, or person in charge of any airport in
this State upon | 25 | | which it shall land, or upon the reasonable request of any
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| 1 | | person.
| 2 | | (Source: Laws 1945, p. 335.)
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