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| Public Act 099-0605 | ||||
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AN ACT concerning transportation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Aeronautics Act is amended by | ||||
changing Section 42 as follows:
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(620 ILCS 5/42) (from Ch. 15 1/2, par. 22.42)
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Sec. 42. Regulation of aircraft, airmen, and airports.
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(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 | ||||
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
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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.
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(b) In light of the findings in subsection (a), the | ||
Department is
authorized:
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(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 a | ||
one-time registration , and of airmen engaged in | ||
aeronautics within this State, and to
issue certificates of | ||
such registration. These certificates of registration
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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 and a one-time fee of $20, | ||
payable at registration, for each airman's certificate. It | ||
may accept as evidence of the holding of a federal license,
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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:
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(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.
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(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
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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.
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(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
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aircraft is not airworthy, or that any airman:
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(i) is not qualified;
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(ii) has willfully violated the laws of this State
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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;
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(iii) is addicted to the use of narcotics or other | ||
habit forming
drug, or to the excessive use of | ||
intoxicating liquor;
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(iv) has made any false statement in any | ||
application for
registration of a federal license, | ||
certificate or permit; or
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(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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(c) The Department may refuse to issue or may suspend the
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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.
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(Source: P.A. 92-341, eff. 8-10-01; 93-24, eff. 6-20-03.)
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