Bill Text: IL SB1127 | 2019-2020 | 101st General Assembly | Chaptered
Bill Title: Amends the Illinois Aeronautics Act. Provides that the Division of Aeronautics of the Department of Transportation shall require the display of an MIA flag at any airport in its jurisdiction, either upon the same flag-staff as the United States national flag or otherwise. Effective immediately.
Spectrum: Moderate Partisan Bill (Democrat 8-2)
Status: (Passed) 2019-08-23 - Public Act . . . . . . . . . 101-0538 [SB1127 Detail]
Download: Illinois-2019-SB1127-Chaptered.html
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| Public Act 101-0538 | ||||
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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 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 $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,
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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(d) The Department shall require the display of an POW/MIA | ||
flag at any airport in its jurisdiction, either upon the same | ||
flagstaff as the United States national flag or otherwise. | ||
If the POW/MIA flag is displayed on the same flagstaff as | ||
the United States flag, the POW/MIA flag shall fly immediately | ||
below the United States flag. If the United States flag and a | ||
State flag or other flag or pennant is flown along with the | ||
POW/MIA flag on the same flagstaff, the order from top to | ||
bottom shall be: the United States flag, the POW/MIA flag, then | ||
the State flag or other flags, unless otherwise stipulated by | ||
the Flag Display Act. | ||
(Source: P.A. 99-605, eff. 1-1-17.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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