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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.
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