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State Law To Require Flight Training Background Checks May Be Challenged
The New York Sun ^ | September 11, 2006 | Jacob Gershman

Posted on 09/11/2006 7:50:10 AM PDT by billorites

The Aircraft Owners and Pilots Association is considering filing a lawsuit against New York to block legislation signed by Governor Pataki that would require flight training schools to force its student applicants to undergo background checks before they start instruction.

The Maryland-based association, which had lobbied aggressively against the legislation, is claiming that the state lacks jurisdiction over aviation security requirements for student pilots. It also is warning that the checks would drive away business from New York flight schools by making it more difficult and time-consuming for aspiring pilots to enter into training. "If New York is putting restrictions on flight training, people will just go to other states," the general counsel of the pilots association, John Yodice, told The New York Sun.

Mr. Pataki signed the bill into law late last week, saying in a statement that such precautions are necessary to provide the state with "vital information that can help prevent people harboring bad intentions from gaining access to this critical knowledge."

The Assembly first passed the bill in 2002, but Mr. Pataki signed it for the first time just days before the fifth anniversary of the September 11, 2001, terrorist attacks. Sponsored by Assemblyman Joseph Morelle, the bill passed the Senate unanimously and the Assembly 142 to 1 in June.

Under the New York law, student applicants at flight schools now have to provide any criminal history information to the Division of Criminal Justice Services, which will determine if applicants are cleared for instruction. Applicants in New York cannot begin training until they get clearance from the federal government.

When the law takes effect in two months, New York will be the only state to require student pilot background checks. In 2002, Michigan passed a similar law, which was contested in federal court by the association.

(Excerpt) Read more at nysun.com ...


TOPICS: News/Current Events
KEYWORDS: aopa; deathby1000cuts; faa; grandstanding; patakiaidsterrorists; screwsecurity; wewantourmoney
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1 posted on 09/11/2006 7:50:12 AM PDT by billorites
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To: billorites

I had to have a background check to coach my daughter's soccer team.


2 posted on 09/11/2006 7:52:08 AM PDT by joeystoy
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To: joeystoy

Some states require this for teachers and substitute teachers.


3 posted on 09/11/2006 7:53:10 AM PDT by stainlessbanner
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To: billorites

I'm guessing that federal preemption probably applies here. That's typically the way most federal law is written on licensing and qualification issues.


4 posted on 09/11/2006 7:54:13 AM PDT by July 4th (A vacant lot cancelled out my vote for Bush.)
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To: billorites

Are they CRAZY? Somebody please tell them that we are at WAR!


5 posted on 09/11/2006 7:54:33 AM PDT by kitkat (The first step down to hell is to deny the existence of evil.)
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To: billorites

Personally, I would not have anything against that. Who wants a bunch of nuts flying around the country.


6 posted on 09/11/2006 7:55:16 AM PDT by Piquaboy (22 year veteran of the Army, Air Force and Navy, Pray for all our military .)
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To: billorites

"It also is warning that the checks would drive away business from New York flight schools by making it more difficult and time-consuming for aspiring pilots to enter into training."

BS. FLight training took me a lot longer than any background check would take.

Besides, I had to submit to a background check to be a crew chief for a summer missions construction gig -- cuz the workers were all teens and middle schoolers.


7 posted on 09/11/2006 7:56:31 AM PDT by Blueflag (Res ipsa loquitor)
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To: Piquaboy
Who wants a bunch of nuts flying around the country.

Squirrels. :)
8 posted on 09/11/2006 7:57:15 AM PDT by P-40 (Al Qaeda was working in Iraq. They were just undocumented.)
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To: billorites
"We have met the enemy and it is us." Pogo

"then we're stupid and we'll die." Pris (BladeRunner).

9 posted on 09/11/2006 7:57:53 AM PDT by NonValueAdded (Katherine Harris for US Senate!)
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To: billorites

If you have nothing to hide, what's the problem?


10 posted on 09/11/2006 7:58:16 AM PDT by toddlintown (Six bullets and Lennon goes down. Yet not one hit Yoko. Discuss.)
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To: billorites

I had to have a background check to be a cookie mom and a band mom.


11 posted on 09/11/2006 7:59:18 AM PDT by Samwise (All that is needed for evil to triumph is that good men do nothing.)
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To: joeystoy

I've had numerous background checks for jobs.

"Difficult" and "time-consuming" don't really describe my experience, which was to fill out paperwork and sign it, then get a call a few days later that everything checked out and let's schedule a second interview.


12 posted on 09/11/2006 8:00:16 AM PDT by Xenalyte (who is having the best day ever! ouch)
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To: neverdem

I've been watching the Foxnews replay of the day. Go Gov. Pataki. That Maryland group can take a flying leap.


13 posted on 09/11/2006 8:00:41 AM PDT by metmom (Welfare was never meant to be a career choice.)
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To: billorites

This from the organization's website. Boo hoo. We have made it "harder for all foreign students" to come here and learn how to fly planes into buildings.
Thoughts on 9/11, five years later

By Phil Boyer

Five years after the September 11 attacks, how have we changed, what have we learned?

Aviation has always clinically analyzed its tragedies, never dwelled on them. As horrific as they are — and as badly as we feel for the victims and their families — we always try to learn from them, to always pull something good from the awful.

So I have asked myself, what good can we find today from those awful times five years ago?

9/11 taught us that our fellow citizens are extraordinarily brave, open-hearted, resourceful, resilient, tireless, intelligent, and possessed with good sense.

That given the slightest chance, most Americans will not only do the right thing, they'll exceed your grandest expectations. And the pilot community is no different.

As individuals, as citizens, as a nation, we refused to give in to the terrorists. We adapted, we changed, but we kept what is basic. We kept on living and reflected what it is and means to be an American.

And we kept flying.

Admittedly the flight training industry has yet to recover, in part because the rules intended to bar terrorists have made it much harder for all foreign students.

But overall, general aviation flying has returned to pre-9/11 levels. In most parts of the country, we're flying pretty much the way we always have. It's because of you that we are.

AOPA has been the voice of reason and sometimes the shout of righteous indignation, but you have given us the breath to talk and to yell.

Standing with us, 408,000 of you have helped demonstrate again and again, that we pilots are sincere, dedicated, and concerned about our passions — flying and our country.

You've demonstrated again and again that we can be counted upon to do the right thing, and that we stand together to demand that those who serve us do the right thing as well.

You have heeded the call to take personal responsibility for our national welfare, and embraced Airport Watch, becoming part of our security infrastructure. You've followed the rules, even when they're senseless, and worked responsibly to help change them.

Standing together, we have made a difference.

We will never forget the tragedy of 9/11. Let us always remember what it has taught us about ourselves.


14 posted on 09/11/2006 8:01:16 AM PDT by 3AngelaD
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To: Blueflag

I knew a guy back in the 80's who was laid off from our company. So he went to NC to take a truck driving course. After completeing the course he was denied his CDL because he had a prior DUI. Now why didn't they tell him this before he dropped $2,500? That's right. It would have made it more difficult and time-consuming for aspiring truck drivers to enter training. Not to mention; "bad for business".


15 posted on 09/11/2006 8:01:48 AM PDT by massgopguy (massgopguy)
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To: billorites

Would not have caused much of ripple in the Hamburg cell. Those guys were picked in part because of their clean records.


16 posted on 09/11/2006 8:03:56 AM PDT by siunevada (If we learn nothing from history, what's the point of having one? - Peggy Hill)
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To: joeystoy
I had to have a background check to coach my daughter's soccer team.

Yah,but that's different.Think of the damage you could cause if you were to hijack one of her teammates and took her to the Sears Tower.

17 posted on 09/11/2006 8:04:40 AM PDT by Gay State Conservative ("An empty limousine pulled up and Hillary Clinton got out")
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To: billorites
Hell, I needed a background check, blood test and fingerprints taken for a six-month consulting contract at a bank to support a data warehouse project for Corporate Banking Systems division.
18 posted on 09/11/2006 8:05:12 AM PDT by Beckwith (The dhimmicrats and liberal media have chosen sides and they've sided with the Jihadists.)
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To: kitkat
"Are they CRAZY? Somebody please tell them that we are at WAR!"

And in a state that is a consistant target for the terrorists, no less. Forgive me if I throw up my hands and say, let them have their way--and let them live with the results. Like the liberals (who mostly run the state), they want to be kept safe, but they fight against every single effort to accomplish that. Maybe we, as a country, should just back off and let the liberals "win." In the event of another attack, we could remind them that this is what they said they wanted.

19 posted on 09/11/2006 8:08:18 AM PDT by MizSterious (Anonymous sources often means "the voices in my head told me.")
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To: kitkat

I was mistaken in part of my post--the group is out of Maryland, but the truth is, much of NY also fights against the efforts to keep them safe. That said, MD is kissin' close to Washington DC, and would also be affected by another DC hit. Shame on 'em.


20 posted on 09/11/2006 8:11:59 AM PDT by MizSterious (Anonymous sources often means "the voices in my head told me.")
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