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ACRO E-mail Archive Thread: [Acro] [Fwd: Fwd: ALERT ON S432 - Anti-pilot Bill]


Thread: [Acro] [Fwd: Fwd: ALERT ON S432 - Anti-pilot Bill]

Message: [Acro] [Fwd: Fwd: ALERT ON S432 - Anti-pilot Bill]

Attachement: part2.txt

From: Stephen Seidel <thinairltd at>

Date: Wed, 03 Jul 2002 02:57:57 UTC


Please call Governor McGreevey NOW to oppose S432      1-609-292-6000.

S.432 was recently passed in both State houses and awaits the Governor's 

S432 requires FBI background checks on all new pilots, even people asking 
for an
introductory flight lesson, before they can RECEIVE ANY FLIGHT INSTRUCTION.
An FBI check now takes SIX MONTHS!!  This will have a crippling affect on 
our state's
flight schools and will practically deny New Jersey citizens the right to 
undergo flight

  The school has to fingerprint flight training applicants and send out to 
the FBI and
other agencies for a background check. You cannot undergo any training 
until the
Dept. of Transportation Commissioner sends the school a letter saying the 
check is
completed. There is no requirement that the Commissioner ever do so, which 
that the State can deny anyone training for any reason or for no reason. If 
you change
schools, the fingerprinting and commissioner's approval has to be done 
again. Each
school has to retain these records for an unspecified period of time.

Further this legislation as adopted may also affect current pilots.  A BFR 
is flight
training by definition and in fact.

Please call the Governor NOW to oppose S432 - 1-609-292-6000.

Following is the text of the legislation.


Robert Checchio
Regional Representative - Mid-Atlantic Aviation Coalition
racpilot at

Following is the bill text as adopted.  The material in (parentheses and 
was omitted in the final version

SENATE, No. 432


Requires identity check for flight instruction.


As amended by the General Assembly on June 30, 2002.
(Sponsorship Updated As Of: 7/1/2002)

An Act [providing for disqualification from certain instruction,] requiring 
an identity background [and criminal history record background] check for 
certain instruction and supplementing P.L.1938, c.48 (C.6:1-20 et seq.).

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Any aeronautical facility, flight school or institution of higher 
learning offering air or flight instruction shall require an applicant for 
such instruction to provide the applicant's name, address, citizenship 
status, a form of photographic identification, and such other information 
as the Commissioner of Transportation, hereinafter the commissioner, may 
require. Such information shall be entered upon a permanent register 
maintained by the aeronautical facility, flight school or institution of 
higher learning, and by the [State] Department of Transportation, which 
shall be available for inspection by the commissioner, [or] and federal, 
State [or] and local law enforcement officers.

2. An applicant subject to the provisions of section of this act shall 
submit to being fingerprinted [on standard fingerprint cards by a municipal 
law enforcement agency which cards shall be submitted to the commissioner] 
in accordance with applicable State and federal laws, rules and 
regulations. The applicant [also] shall provide to the commissioner written 
consent to the performance of an identity background [and criminal history 
record background] check. The commissioner is authorized to [exchange 
fingerprint data and photographic identification with] exchange fingerprint 
data and photographic identification with and request and receive [criminal 
history record background] information from the Federal Bureau of 
Investigation and the Division of State Police for use in performing 
background checks. The division shall [inform the commissioner if an] 
provide the commissioner with the results of the applicant's [criminal 
history record] identity background check [reveals a conviction of a 
disqualifying crime as specified in section 4 of this act]. The applicant 
shall bear the cost of fingerprinting and the cost for the background 
checks, including all costs of administering and processing the checks. [As 
used in this act, "criminal history record background check" means a 
determination of whether a person has a criminal record by 
cross-referencing that person's name and fingerprints with those on file 
with the Federal Bureau of Investigation[, Identification Division] and the 
State Bureau of Identification in the Division of State Police.]

3. No applicant shall be permitted to receive air or flight instruction 
from the aeronautical facility, flight school or institution of higher 
learning [unless] until the commissioner provides written notification to 
the chief administrative officer of the aeronautical facility, flight 
school or institution of higher learning of the commissioner's 
determination that the identity background check on the applicant [is 
qualified to receive such instruction] has been completed.

[4. An applicant shall be disqualified from receiving air or flight 
instruction if the applicant's criminal history record background check 
reveals a record of conviction of any of the following crimes:

a. In New Jersey or elsewhere any crime as follows: aggravated assault, 
arson, burglary, escape, extortion, homicide, kidnaping, robbery, 
aggravated sexual assault, sexual assault or endangering the welfare of a 
child pursuant to N.J.S.2C:24-4, whether or not armed with or having in his 
possession any weapon enumerated in subsection r. of N.J.S.2C:39-1, a crime 
pursuant to the provisions of N.J.S.2C:39-3, N.J.S.2C:39-4 or 
N.J.S.2C:39-9, or other than a disorderly persons or petty disorderly 
persons offense for the unlawful use, possession or sale of a controlled 
dangerous substance as defined in N.J.S.2C:35-2.

b. In any other state, territory, commonwealth or other jurisdiction of the 
United States, or any country in the world, as a result of a conviction in 
a court of competent jurisdiction, a crime which in that other jurisdiction 
or country is comparable to one of the crimes enumerated in subsection a. 
of this section.]

4.2 The commissioner is authorized to adopt regulations, pursuant to the 
"Administrative Procedure Act, " P.L.1968, c.410 (C.52:14B-1 et seq.), to 
effectuate the purposes of this act.

5.2 This act shall take effect immediately.

Sponsored by:
District 5 (Camden and Gloucester)
District 36 (Bergen, Essex and Passaic)
Assemblyman NEIL M. COHEN
District 20 (Union)
District 19 (Middlesex)
Assemblyman PAUL SARLO
District 36 (Bergen, Essex and Passaic)
Co-Sponsored by:
Senators McNamara, Ciesla, Allen, Cardinale, Matheussen, Inverso, Sacco, 
Turner, Assemblymen Blee and D'Amato


© Dr. Günther Eichhorn
Email Guenther Eichhorn