Bill Text: IL HB4944 | 2013-2014 | 98th General Assembly | Amended

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Bill Title: Amends the Illinois Aeronautics Act. Makes a technical change in a Section concerning definitions.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2014-12-03 - Session Sine Die [HB4944 Detail]

Download: Illinois-2013-HB4944-Amended.html

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Rep. Joe Sosnowski

Filed: 4/2/2014

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AMENDMENT TO HOUSE BILL 4944
AMENDMENT NO. ______. Amend House Bill 4944 by replacing
everything after the enacting clause with the following:
"Section 5. The Illinois Aeronautics Act is amended by
changing Sections 42, 43, and 45 as follows:
(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 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

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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
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.
(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

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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, 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.
(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.

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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
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 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:
(4) To suspend or revoke, temporarily or permanently,
the flying privileges of any airman who:
(i) is not qualified;
(ii) has willfully 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

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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.
(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. 92-341, eff. 8-10-01; 93-24, eff. 6-20-03.)
(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

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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: P.A. 92-341, eff. 8-10-01.)
(620 ILCS 5/45) (from Ch. 15 1/2, par. 22.45)
Sec. 45. Exhibition of licenses and certificates.
The federal license, certificate, or permit, and the
evidence of registration in this or another state, if any,
required for an airman shall be kept in the personal possession
of the airman when he is operating within this State and must
be presented for inspection upon the demand of any passenger,
or any peace officer of this State, any officer or authorized
employee of the Department, or any official, manager or person
in charge of any airport in this State upon which he shall
land, or upon the reasonable request of any other person. The
federal aircraft license, certificate, or permit, and the
evidence of registration in this or another state, if any,
required for aircraft must be carried in every aircraft

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operating in this State at all times and must be conspicuously
posted therein where it may readily be seen by passengers or
inspectors and must be presented for inspection upon the demand
of any passenger, any peace officer of this State, any officer
or authorized employee of the Department, or any official,
manager, or person in charge of any airport in this State upon
which it shall land, or upon the reasonable request of any
person.
(Source: Laws 1945, p. 335.)".