Bill Text: IL SB1127 | 2019-2020 | 101st General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 SB1127 Introduced 2/5/2019, by Sen. Thomas Cullerton SYNOPSIS AS INTRODUCED:
620 ILCS 5/42 from Ch. 15 1/2, par. 22.42
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.
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A BILL FOR
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AN ACT concerning transportation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Aeronautics Act is amended by
changing Section 42 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
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.
(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 a
one-time registration 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 $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

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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.
(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

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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:
(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
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 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

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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.
(d) The Department 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.
(Source: P.A. 99-605, eff. 1-1-17.)
Section 99. Effective date. This Act takes effect upon
becoming law.