Illinois General Assembly - Full Text of HB3084
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Full Text of HB3084  93rd General Assembly

HB3084 93rd General Assembly


093_HB3084

 
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 1        AN ACT in relation to air transportation.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.  The  Illinois  Aeronautics Act is amended by
 5    adding Sections 46.1, 46.2, 46.3, 46.4, 46.5, 46.6, 46.7, and
 6    46.8 as follows:

 7        (620 ILCS 5/46.1 new)
 8        Sec. 46.1. Air schools must be licensed.
 9        (a)  A person may not operate an air school in this State
10    unless the person holds  an  annual  license  issued  by  the
11    Department.
12        (b)  Upon receipt of an application and a $25 license fee
13    from   an   air   school,  the  Department  must  review  the
14    qualifications of the applicant.
15        (c)  An air school license expires one year from date  of
16    issuance,  unless  surrendered,  suspended, or revoked before
17    that date, or upon the sale or transfer, by the owner, of the
18    property, equipment, or franchise of the air school.
19        (d)  The annual air school license renewal fee is $10 and
20    is payable from the original date of issuance.  An  applicant
21    must   file  an  initial  application  and  pay  the  initial
22    application fee if the license  is  not  renewed  before  its
23    expiration.
24        (e)  A  change  in  the  name  of the air school, without
25    change in ownership, does not void a current license  if  the
26    owner  of  the  air school notifies the Department in writing
27    within 15 days of the change. Upon  receipt  of  notification
28    under  this  subsection,  the Department must issue a license
29    under the new name, with the  same  expiration  date  as  the
30    license previously issued.
31        (f)  An  air school operating facilities at more than one
 
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 1    airport must obtain a license for each location.
 2        (g)  The  air  school  license  must  be  posted  in  the
 3    principal office of the air school, where it may  be  readily
 4    observed by the general public.
 5        (h)  The  requirements of this Section, and the following
 6    Sections  preceding  Section  47,  for  an  air  school   are
 7    conditions  of  the  license.  Failure  to comply with any of
 8    these requirements  is  grounds  for  revocation  of  an  air
 9    school's license.
10        (i)  A  person  who  violates  this Section or any of the
11    following Sections preceding Section 47, except  as  provided
12    in   Section  46.8,  is  guilty  of  a  Class  B  misdemeanor
13    punishable by imprisonment for not more than 90 days, a  fine
14    of not more than $500, or both.

15        (620 ILCS 5/46.2 new)
16        Sec. 46.2. General requirements for air school operation.
17        (a)  An air school must conduct itself in accordance with
18    all  applicable  federal and State statutes and rules and all
19    applicable local ordinances.
20        (b)  An air school  must  be  operated  from  an  airport
21    properly licensed by the Department.
22        (c)  An  air school operator must obtain from the airport
23    manager a written agreement to operate commercially from  the
24    airport at which the air school is based.
25        (d)  Each  air  school student must be advised in writing
26    at the time of enrollment of the type and amount of insurance
27    coverage provided for each aircraft used by the air school.
28        (e)  An air school  must  provide  a  suitable  space  of
29    permanent  nature  that  is  properly  heated,  lighted,  and
30    ventilated  to  accommodate  air school students and to house
31    adequate equipment necessary  to  properly  conduct  business
32    matters  and  to  prepare  and preserve business records. The
33    facilities described in this subsection must  be  located  at
 
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 1    the licensed airport site.

 2        (620 ILCS 5/46.3 new)
 3        Sec. 46.3. Requirements for air school aircraft.
 4        (a)  Each  aircraft  to  be  used  for  purposes  of  air
 5    instruction  at  an  air  school  must comply with all of the
 6    following:
 7             (1)  Possess  a  valid   airworthiness   certificate
 8        issued by the Federal Aviation Administration.
 9             (2)  Be properly registered with the Department.
10             (3)  Have     the    equipment    and    performance
11        characteristics appropriate to the curriculum and to  the
12        airport to be used.
13        (b)  All  aircraft  used in any air school operation must
14    be   operated   in   accordance   with    Federal    Aviation
15    Administration   maintenance   regulations   and   standards.
16    Adequate  records  must  be kept by the school to demonstrate
17    performance  of  all  required  items  of  maintenance.   The
18    maintenance status of each aircraft, including discrepancies,
19    must  be  displayed  by  the  school  in a manner adequate to
20    determine compliance.

21        (620 ILCS 5/46.4 new)
22        Sec. 46.4. Air instruction requirements.
23        (a)  An air school must have  an  aeronautics  instructor
24    available  to  dispatch and supervise each student pilot solo
25    flight.
26        (b)  An  air  school  must  have  a  written  curriculum,
27    including lesson plans,  adequate  to  properly  qualify  the
28    student to complete the particular course for the certificate
29    or  rating  sought.  An  air school must also include lessons
30    pertaining to this Act and to other  statutes  and  rules  of
31    this State relating to aviation.
32        (c)  An  air  school  must  make  available  to  students
 
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 1    current  texts  and  reference  material  pertaining  to  the
 2    certificate or rating sought.
 3        (d)  An  air school must provide adequate air instruction
 4    to properly qualify a student completing its courses for  the
 5    appropriate   Federal   Aviation  Administration  examination
 6    covering the certificate or rating sought.
 7        (e)  An  air  school  must  maintain   training   records
 8    adequate  to  show  each  student's  progress  and  level  of
 9    completion relative to the course of air instruction in which
10    the student is enrolled. These records must be made available
11    for  inspection  by  any  authorized  representative  of  the
12    Department.
13        (f)  A  copy  of the airport and air school rules must be
14    made available to the students enrolled  in  the  school  for
15    information and guidance.
16        (g)  An air school must designate a practice area.

17        (620 ILCS 5/46.5 new)
18        Sec. 46.5. Air school advertising requirements.
19        (a)  An   air    school   or   its   representatives  and
20    instructors may not make false claims of any kind  pertaining
21    to   either  air  instruction  or  employment  following  air
22    instruction.
23        (b)  Only  a  licensed  air  school  may  advertise   air
24    instruction.

25        (620 ILCS 5/46.6 new)
26        Sec. 46.6. Air school bonding requirements.
27        (a)  An  air  school  accepting prepayment equal to or in
28    excess of $1,000 must file with the  Department  a  corporate
29    surety  bond  payable  to the State of Illinois in the sum of
30    $5,000,  conditioned  on  the  faithful  performance  of  all
31    contracts and agreements with students made by the air school
32    or its agent. The aggregate liability for the surety for  all
 
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 1    breaches  of  conditions  of  the  bond  may  not  exceed the
 2    principal sum of $5,000.
 3        (b)  The surety of any bond  may  cancel  the  bond  upon
 4    giving  60  days' notice in writing to the Department and the
 5    air school. If a bond is canceled  in  compliance  with  this
 6    Section,  the  surety is relieved of liability for any breach
 7    of  conditions  occurring  after  the   effective   date   of
 8    cancellation.

 9        (620 ILCS 5/46.7 new)
10        Sec. 46.7. Air school records checking requirements.
11        (a)  An  air  school  must request from the Department of
12    State Police a criminal history check  and  criminal  records
13    check  through  the  Federal  Bureau  of Investigation on any
14    applicant for training at the air school. The applicant  must
15    cooperate  with  the  air  school  in completing the criminal
16    history check and criminal records check through the  Federal
17    Bureau of Investigation.
18        (b)  An air  school may not enroll, or must terminate the
19    enrollment  of, an applicant if any of the following occurred
20    to the applicant within the preceding 7 years:
21             (1)  Was convicted of a  felony.
22             (2)  Was incarcerated for a felony conviction.
23             (3)  Was  on  probation  or  parole  for  a   felony
24        conviction.

25        (625 ILCS 5/46.8 new)
26        Sec. 46.8. Air school applicants' records.
27        (a)  Except  as provided in subsections (c) and (e), as a
28    condition of enrollment of an applicant in an air school, the
29    air school must request from the Department of State Police a
30    criminal history check and a criminal records  check  through
31    the  Federal  Bureau  of  Investigation on the applicant and,
32    before enrolling the applicant, must have received  from  the
 
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 1    Department of State Police the report described in subsection
 2    (h).
 3        (b)  An  air  school must require the applicant to submit
 4    his or her fingerprints to the Department of State Police for
 5    the criminal history and criminal  records  checks.  The  air
 6    school  may  charge  the  air  school applicant a fee for the
 7    criminal history check and the criminal  records  check.  The
 8    Department  of State Police may charge a fee for the criminal
 9    history check and the criminal records check.
10        (c)  The  air  school  may  enroll  the  applicant  as  a
11    conditional  student  under  this  subsection  without  first
12    receiving the report described in subsection (h)  if  all  of
13    the following apply:
14             (1)  The  air  school  requests the criminal history
15        and criminal records checks required under subsection (a)
16        before conditionally enrolling the applicant.
17             (2)  The applicant signs a statement that identifies
18        all crimes of which he or she has been convicted, if any,
19        and agreeing that, if the report described in  subsection
20        (h)  is not the same as the applicant's statement, his or
21        her enrollment contract is  void.  If  the  statement  of
22        convictions  includes  any of the circumstances described
23        in Section 46.7, the enrollment contract is void.
24        (d)  If an applicant is enrolled as a conditional student
25    under subsection (c) and the report described  in  subsection
26    (h)  is  not  the  same  as  the  applicant's statement under
27    subsection (c), the air  school  must  void  the  applicant's
28    enrollment  contract.  If  the  contract is voided under this
29    subsection, the applicant's enrollment is terminated and  the
30    air  school  is  not  liable for the termination or any money
31    paid toward enrollment.
32        (e)  If an applicant for enrollment is  being  considered
33    for  enrollment  by  more  than  one  air  school  and if the
34    applicant agrees in writing to allow an air school  to  share
 
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 1    the  report  described  in  subsection  (h)  with another air
 2    school, the  air  school  may  satisfy  the  requirements  of
 3    subsection (a) by obtaining a copy of the report described in
 4    subsection (h) from another air school.
 5        (f)  An  applicant  described in subsection (a) must give
 6    written consent at the time of application for the Department
 7    of State Police to conduct the criminal history and  criminal
 8    records check required under this Section.
 9        (g)  An  air school must make a request to the Department
10    of State Police for a criminal history and  criminal  records
11    check  required  under this Section on a form and in a manner
12    prescribed by the Department of State Police.
13        (h)  Within 30 days after receiving a proper  request  by
14    an  air  school  for  a criminal history and criminal records
15    check on an applicant under this Section, the  Department  of
16    State  Police  must conduct and initiate the criminal history
17    and criminal records check and, after conducting the criminal
18    history and criminal  records  check  and  within  that  time
19    period,  provide  a  report  of  the  results of the criminal
20    history and criminal records check to  the  air  school.  The
21    report  must  contain any criminal history record information
22    on the applicant maintained by the Department of State Police
23    and include information regarding the criminal records  check
24    of the records of the Federal Bureau of Investigation.
25        (i)  Criminal  history  and  criminal records information
26    received from the Department of State Police under subsection
27    (h) may be used by an air school  only  for  the  purpose  of
28    evaluating  an  applicant's  qualifications for enrollment in
29    the position for which he or she  has  applied  and  for  the
30    purposes  of  subsection  (d). An air school may not disclose
31    the report or its contents to any person who is not  directly
32    involved  in  evaluating  the  applicant's qualifications for
33    enrollment. A person described in  subsection  (e),  however,
34    may  provide  a  copy  of  the  report  under  subsection (h)
 
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 1    concerning the individual to an appropriate representative of
 2    another air school.
 3        (j)  A person who violates this Section is  guilty  of  a
 4    Class  C  misdemeanor punishable by imprisonment for not more
 5    than 30 days, a fine of not more than $500, or both.