(620 ILCS 10/0.01)

(from Ch. 15 1/2, par. 178.9)

Sec. 0.01.

Short title.

This Act may be cited as the

Military Emergency Aircraft Restriction Act.

(Source: P.A. 86‑1324.)

(620 ILCS 10/1)

(from Ch. 15 1/2, par. 179)

Sec. 1.

For the purposes of this Act a "military emergency" exists when: (a) The President proclaims that a state of war exists; (b) Congress declares that a state of war exists; (c) a directive that a military emergency exists is issued by the Joint Chiefs of Staff; (d) a declaration that a military emergency exists is issued by the Commanding General, Air Defense Command, because intelligence indicates that a hostile attack on the continental limits of the United States is imminent; or (e) there is an enemy attack upon the continental United States.

As used in this Act "non‑scheduled civil aircraft" means all civil aircraft except civil aircraft operated by a public air carrier certificated by the federal governmental agency which has statutory regulatory authority over interstate air transportation to engage and operate in the transportation of persons and property on a regularly scheduled basis.

"Department" means the Department of Transportation of this State.

(Source: P.A. 81‑840.)

(620 ILCS 10/2)

(from Ch. 15 1/2, par. 180)

Sec. 2.

Immediately upon the existence of a state of military emergency, and coincident with the duration thereof, the Department is vested with emergency police power to prohibit, restrict and control the initiation of non‑scheduled civil aircraft movements, including the assignment of flight priority classifications, to the extent that it is requested to do so by military or civil authority of the federal government as required to supplement otherwise existing air traffic control facilities in order to achieve the degree of military air defense effectiveness determined by the federal military and defense commander to be required under the circumstances and conditions obtaining at any time during the existence of the military emergency.

(Source: Laws 1955, p. 242.)

(620 ILCS 10/3)

(from Ch. 15 1/2, par. 181)

Sec. 3.

In order to implement and aid in the execution of such emergency police power the Secretary of the Department is authorized to delegate in writing, prior to the existence of a state of military emergency, to managers or operators of such commercial airports within this State as he determines to be appropriate, authority to prohibit, restrict or control as appropriate, during the existence of a military emergency, the initiation of non‑scheduled civil aircraft movements from such airports and to assign flight movement priority classifications according to directives relating thereto issued by the Department compatible with currently effective standards or directives issued by appropriate federal military or civil authority. Such delegated authority shall include the authority to detain, in the name of the People of the State of Illinois, the person of any aircraft operator or pilot to the extent that such detention is necessary to accomplish the purposes of this Act.

(Source: P.A. 81‑840.)

(620 ILCS 10/4)

(from Ch. 15 1/2, par. 182)

Sec. 4.

In the execution of the provisions of this Act, general police power is conferred upon the Department, each of its officers, and such of its employees as are designated by the Secretary to exercise such power.

Every State, county and municipal law enforcement officer shall enforce and assist in the enforcement of action taken pursuant to the provisions of this Act when so requested by the Department or by any airport operator or manager delegated emergency authority in writing by the Secretary pursuant to the provisions of Section 3, including arrest if the circumstances so require.

(Source: P.A. 81‑840.)

(620 ILCS 10/5)

(from Ch. 15 1/2, par. 183)

Sec. 5.

Notice of the existence of a state of military emergency and of currently prevailing air traffic control requirements issued to the Department and to civil and military aviation facilities of this State over the Federal Interstate Airways Communications System and the State emergency fan‑out system components of the Civil Air Defense Warning Net is sufficient to authorize the Department to control non‑scheduled civil aircraft movement as provided in this Act.

The Department may utilize, to the extent of capacity, the radio network system of the State Police, county sheriffs' offices and municipal police departments in order to assure a reliable and adequate State fan‑out communications system required for rapid dissemination of notices to airmen and civil aviation authorities respecting such aircraft movement control as may be required on the part of the Department and airport operators and managers during the existence of a state of military emergency.

(Source: P.A. 91‑357, eff. 7‑29‑99.)

(620 ILCS 10/6)

(from Ch. 15 1/2, par. 184)

Sec. 6.

This Act shall be construed to encompass non‑scheduled civil aircraft operations during the existence of a predisaster state of military emergency as well as post disaster Civil Defense mobilization operations of such aircraft in this State.

(Source: Laws 1955, p. 242.)

(620 ILCS 10/7)

(from Ch. 15 1/2, par. 185)

Sec. 7.

Pilots and owners of out‑of‑State non‑scheduled civil aircraft utilizing any of the airport facilities of this State during the existence of a state of military emergency shall, by so doing, render themselves subject to control under the emergency powers provided for by this Act.

(Source: Laws 1955, p. 242.)

(620 ILCS 10/8)

(from Ch. 15 1/2, par. 186)

Sec. 8.

Whoever violates any directive of the Department issued under this Act or any directive of an airport operator or manager issued pursuant to authority delegated as provided by this Act shall be guilty of a Class B misdemeanor.

(Source: P. A. 77‑2315.)