Full Text of HB4387 99th General Assembly
HB4387enr 99TH GENERAL ASSEMBLY |
| | HB4387 Enrolled | | LRB099 15663 RJF 39958 b |
|
| 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 Section 42 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
|
| | | HB4387 Enrolled | - 2 - | LRB099 15663 RJF 39958 b |
|
| 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 a | 10 | | one-time registration , and of airmen engaged in | 11 | | aeronautics within this State, and to
issue certificates of | 12 | | such registration. These certificates of registration
| 13 | | constitute the authorization of such aircraft and airmen | 14 | | for operations
within this State to the extent permitted by | 15 | | the federal licenses,
certificates or permits so | 16 | | registered. It shall charge a fee, payable every
2 years, | 17 | | for the registration of each federal license, certificate | 18 | | or
permit of $10 for each airman's certificate and $20 for | 19 | | each aircraft
certificate and a one-time fee of $20, | 20 | | payable at registration, for each airman's certificate . It | 21 | | may accept as evidence of the holding of a federal license,
| 22 | | certificate or permit the verified application of the | 23 | | airman or the owner
of the aircraft, which application | 24 | | shall contain such information as the
Department may by | 25 | | rule, ruling, regulation, order or decision prescribe.
The | 26 | | Department's authority to register aircraft or to issue |
| | | HB4387 Enrolled | - 3 - | LRB099 15663 RJF 39958 b |
|
| 1 | | certificates of
registration is limited as follows:
| 2 | | (i) Except as to any aircraft vehicle purchased | 3 | | before March 8,
1963,
the Department, in the case of | 4 | | the first registration of any aircraft vehicle
for any | 5 | | given owner on or after March 8, 1963, may not issue a | 6 | | certificate
of registration with respect to any | 7 | | aircraft vehicle until after the
Department has been | 8 | | satisfied that no tax under the Use Tax Act, the | 9 | | Aircraft
Use Tax Law, the
Municipal Use Tax Act, or the | 10 | | Home Rule County Use Tax Law is owing by reason
of
the | 11 | | use of the vehicle in Illinois or that any tax so | 12 | | imposed has been
paid.
A receipt issued under those | 13 | | Acts by the Department of Revenue
constitutes proof of | 14 | | payment of the tax. For the purpose of this
paragraph, | 15 | | "aircraft vehicle" means a single aircraft.
| 16 | | (ii) If the proof of payment of the tax or of | 17 | | nonliability therefor
is,
after
the issuance of the | 18 | | certificate of registration, found to be invalid, the
| 19 | | Department shall revoke the certificate and require | 20 | | that the certificate be
returned to the Department.
| 21 | | (2) To classify and approve airports and restricted | 22 | | landing areas and
any alterations or extensions thereof. | 23 | | Certificates of approval issued
pursuant to this | 24 | | paragraph, or pursuant to any prior law, shall be issued
in | 25 | | the name of the applicant and shall be transferable upon a | 26 | | change of
ownership or control of the airport or restricted |
| | | HB4387 Enrolled | - 4 - | LRB099 15663 RJF 39958 b |
|
| 1 | | landing area only
after approval of the Department.
No | 2 | | charge
or fee shall be made or imposed for any kind of | 3 | | certificate of approval or
a transfer thereof.
| 4 | | (3) To revoke, temporarily or
permanently, any | 5 | | certificate of registration
of an aircraft or airman issued | 6 | | by it, or to refuse to issue any such
certificate of | 7 | | registration, when it shall reasonably determine that any
| 8 | | aircraft is not airworthy, or that any airman:
| 9 | | (i) is not qualified;
| 10 | | (ii) has willfully violated the laws of this State
| 11 | | pertaining to
aeronautics or any rules, rulings, | 12 | | regulations, orders, or decisions issued
pursuant | 13 | | thereto, or any Federal law or any rule or regulation | 14 | | issued pursuant
thereto;
| 15 | | (iii) is addicted to the use of narcotics or other | 16 | | habit forming
drug, or to the excessive use of | 17 | | intoxicating liquor;
| 18 | | (iv) has made any false statement in any | 19 | | application for
registration of a federal license, | 20 | | certificate or permit; or
| 21 | | (v) has been guilty of other conduct, acts, or | 22 | | practices dangerous
to the public safety or the safety | 23 | | of those engaged in aeronautics.
| 24 | | (c) The Department may refuse to issue or may suspend the
| 25 | | certificate of any person who fails to file a return, or to pay | 26 | | the tax,
penalty or interest shown in a filed return, or to pay |
| | | HB4387 Enrolled | - 5 - | LRB099 15663 RJF 39958 b |
|
| 1 | | any final assessment
of tax, penalty or interest, as required | 2 | | by any tax Act administered by the
Illinois Department of | 3 | | Revenue, until such time as the requirements of any
such tax | 4 | | Act are satisfied.
| 5 | | (Source: P.A. 92-341, eff. 8-10-01; 93-24, eff. 6-20-03.)
|
|