Full Text of HB4944 98th General Assembly
HB4944ham001 98TH GENERAL ASSEMBLY | Rep. Joe Sosnowski Filed: 4/2/2014
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| 1 | | AMENDMENT TO HOUSE BILL 4944
| 2 | | AMENDMENT NO. ______. Amend House Bill 4944 by replacing | 3 | | everything after the enacting clause with the following:
| 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 |
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| 1 | | herein granted. The advantage of uniform
regulation makes it | 2 | | desirable that aircraft operated within this
State
should | 3 | | conform with respect to design, construction, and | 4 | | airworthiness to
the standards prescribed by the United States | 5 | | Government with respect to
civil aircraft subject to its | 6 | | jurisdiction and that persons engaging in
aeronautics within | 7 | | this State should have the qualifications necessary for
| 8 | | obtaining and holding appropriate airman certificates of the | 9 | | United States.
It is desirable and right that all applicable | 10 | | fees and
taxes shall
be paid with respect to aircraft operated | 11 | | within this State.
| 12 | | (b) In light of the findings in subsection (a), the | 13 | | Department is
authorized:
| 14 | | (1) To require the registration, every 2 years, of | 15 | | federal licenses,
certificates or permits of civil | 16 | | aircraft engaged in air navigation within
this State , and | 17 | | of airmen engaged in aeronautics within this State, and to
| 18 | | issue certificates of such registration. These | 19 | | certificates of registration
constitute the authorization | 20 | | of such aircraft and airmen for operations
within this | 21 | | State to the extent permitted by the federal licenses,
| 22 | | certificates or permits so registered. It shall charge a | 23 | | fee, payable every
2 years, for the registration of each | 24 | | federal license, certificate or
permit of $10 for each | 25 | | airman's certificate and $20 for each aircraft
| 26 | | certificate. It may accept as evidence of the holding of a |
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| 1 | | federal license,
certificate or permit the verified | 2 | | application of the airman or the owner
of the aircraft, | 3 | | which application shall contain such information as the
| 4 | | Department may by rule, ruling, regulation, order or | 5 | | decision prescribe.
The Department's authority to register | 6 | | aircraft or to issue certificates of
registration is | 7 | | limited as follows:
| 8 | | (i) Except as to any aircraft vehicle purchased | 9 | | before March 8,
1963,
the Department, in the case of | 10 | | the first registration of any aircraft vehicle
for any | 11 | | given owner on or after March 8, 1963, may not issue a | 12 | | certificate
of registration with respect to any | 13 | | aircraft vehicle until after the
Department has been | 14 | | satisfied that no tax under the Use Tax Act, the | 15 | | Aircraft
Use Tax Law, the
Municipal Use Tax Act, or the | 16 | | Home Rule County Use Tax Law is owing by reason
of
the | 17 | | use of the vehicle in Illinois or that any tax so | 18 | | imposed has been
paid.
A receipt issued under those | 19 | | Acts by the Department of Revenue
constitutes proof of | 20 | | payment of the tax. For the purpose of this
paragraph, | 21 | | "aircraft vehicle" means a single aircraft.
| 22 | | (ii) If the proof of payment of the tax or of | 23 | | nonliability therefor
is,
after
the issuance of the | 24 | | certificate of registration, found to be invalid, the
| 25 | | Department shall revoke the certificate and require | 26 | | that the certificate be
returned to the Department.
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| 1 | | (2) To classify and approve airports and restricted | 2 | | landing areas and
any alterations or extensions thereof. | 3 | | Certificates of approval issued
pursuant to this | 4 | | paragraph, or pursuant to any prior law, shall be issued
in | 5 | | the name of the applicant and shall be transferable upon a | 6 | | change of
ownership or control of the airport or restricted | 7 | | landing area only
after approval of the Department.
No | 8 | | charge
or fee shall be made or imposed for any kind of | 9 | | certificate of approval or
a transfer thereof.
| 10 | | (3) To revoke, temporarily or
permanently, any | 11 | | certificate of registration
of an aircraft or airman issued | 12 | | by it, or to refuse to issue any such
certificate of | 13 | | registration, when it shall reasonably determine that any
| 14 | | aircraft is not airworthy . , or that any airman:
| 15 | | (4) To suspend or revoke, temporarily or permanently, | 16 | | the flying privileges of any airman who:
| 17 | | (i) is not qualified;
| 18 | | (ii) has willfully violated the laws of this State
| 19 | | pertaining to
aeronautics or any rules, rulings, | 20 | | regulations, orders, or decisions issued
pursuant | 21 | | thereto, or any Federal law or any rule or regulation | 22 | | issued pursuant
thereto;
| 23 | | (iii) is addicted to the use of narcotics or other | 24 | | habit forming
drug, or to the excessive use of | 25 | | intoxicating liquor;
| 26 | | (iv) has made any false statement in any |
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| 1 | | application for
registration of a federal aircraft | 2 | | license, certificate or permit; or
| 3 | | (v) has been guilty of other conduct, acts, or | 4 | | practices dangerous
to the public safety or the safety | 5 | | of those engaged in aeronautics.
| 6 | | (c) The Department may refuse to issue or may suspend the
| 7 | | certificate of any person who fails to file a return, or to pay | 8 | | the tax,
penalty or interest shown in a filed return, or to pay | 9 | | any final assessment
of tax, penalty or interest, as required | 10 | | by any tax Act administered by the
Illinois Department of | 11 | | Revenue, until such time as the requirements of any
such tax | 12 | | Act are satisfied.
| 13 | | (Source: P.A. 92-341, eff. 8-10-01; 93-24, eff. 6-20-03.)
| 14 | | (620 ILCS 5/43) (from Ch. 15 1/2, par. 22.43)
| 15 | | Sec. 43. Operations unlawful without license or | 16 | | certificate. Except as hereinafter provided, when such | 17 | | registration is required by
the Department, it shall be | 18 | | unlawful for any person to operate or cause or
authorize to be | 19 | | operated any civil aircraft within this State unless such
| 20 | | aircraft has an appropriate effective license, certificate or | 21 | | permit issued
by the United States Government for which a | 22 | | certificate of registration has
been issued by the Department | 23 | | which is in full force and effect, and it
shall be unlawful for | 24 | | any person to engage in aeronautics as an airman in
this State | 25 | | unless he has obtained from the Department a certificate of
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| 1 | | registration of an appropriate effective airman's license, | 2 | | certificate or
permit issued by the United States Government | 3 | | authorizing him to engage in
the particular class of | 4 | | aeronautics in which he is engaged, which
certificate of | 5 | | registration is in full force and effect.
| 6 | | Aircraft and airmen that are not required to be licensed, | 7 | | certificated, or
permitted by the United States government and | 8 | | that have not received a license,
certificate, or permit are | 9 | | not required to register with the Department before
engaging in | 10 | | aeronautics in Illinois.
| 11 | | (Source: P.A. 92-341, eff. 8-10-01.)
| 12 | | (620 ILCS 5/45) (from Ch. 15 1/2, par. 22.45)
| 13 | | Sec. 45. Exhibition of licenses and certificates.
| 14 | | The federal license, certificate, or permit , and the | 15 | | evidence of
registration in this or another state, if any, | 16 | | required for an airman shall
be kept in the personal possession | 17 | | of the airman when he is operating
within this State and must | 18 | | be presented for inspection upon the demand of
any passenger, | 19 | | or any peace officer of this State, any officer or
authorized | 20 | | employee of the Department, or any official, manager or person
| 21 | | in charge of any airport in this State upon which he shall | 22 | | land, or upon
the reasonable request of any other person. The | 23 | | federal aircraft license,
certificate, or permit , and the | 24 | | evidence of registration in this or another
state, if any, | 25 | | required for aircraft must be carried in every aircraft
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| 1 | | operating in this State at all times and must be conspicuously | 2 | | posted
therein where it may readily be seen by passengers or | 3 | | inspectors and must
be presented for inspection upon the demand | 4 | | of any passenger, any peace
officer of this State, any officer | 5 | | or authorized employee of the
Department, or any official, | 6 | | manager, or person in charge of any airport in
this State upon | 7 | | which it shall land, or upon the reasonable request of any
| 8 | | person.
| 9 | | (Source: Laws 1945, p. 335.)".
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