(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.)
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(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.)
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(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.)
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(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.)
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(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.)
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(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 Illinois 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. 102-538, eff. 8-20-21.)
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(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.)
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(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.)
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(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.)
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