MPA LEGISLATION REPORT
September 2008

GREETINGS! Here is an update from Washington, D.C. General Aviation Manufacturers Association (GAMA) reports second quarter industry billings continue at a record-setting pace of $12.1 billion, a 24.1 percent increase in the first half of 2008. Piston-powered airplane shipments totaled 1,034 units compared to 1,226 units delivered in the first half of 2007, a 15.7 percent decrease. Turboprop shipments increased from 186 units in the first half last year to 222 units in 2008. Business jet shipments totaled 663 units in the first half of 2008, a 39.3 percent increase over the 476 units delivered in the second quarter of 2007.

Secondly, The FAA has been ordered to pay fees and other expenses incurred by two ATP-rated Learjet Pilots, whose certificates the agency had ordered suspended, according to Aviation Law Experts LLC, acting on behalf of the pilots. A Chief Administrative Law Judge of the NTSB found that "the agency proceeded on a week and tenuous basis with a flawed investigation bereft of any meaningful evidence" and further showed a "lack of substantial justification"…"not having a reasonable basis in both law and fact." According to legal counsel for the pilots, the case involved both FSDO-approved removal of a divan from a Learjet 60 (that FAA inspectors at another location later deemed in violation of regulations), and the alleged violation of operating the same jet without a functioning ELT battery (which defending attorney, Greg Winton, successfully argued was inapplicable per the regulations). The FAA filed a complaint against two pilots involved and consolidated those cases, then further sought a $9,900 civil penalty against the owner of the aircraft. Initiated on March 21, 2008, the FAA withdrew all charges against the pilots on June 20, 2008.

Thirdly, Senators Frank Lautenberg (D-NJ) and James Inhofe (R-OK) introduce bipartisan legislation that would ensure good faith collective bargaining for FAA employees and provide for an impartial impasse resolution process. The bill would restart contract talks between FAA and the National Air Traffic Controllers Association, with the process going to binding arbitration if negotiations are not successful at reaching agreement. The FAA Employee Retention Act (S.3416) seeks to protect federal employees' collective bargaining rights by requiring either binding arbitration by a panel of arbitrators selected by both parties or allowing both parties, by mutual agreement, to adopt their own procedures for resolving collective bargaining disputes, ending an ongoing cycle of litigation over the correct procedure to resolve impasses under the current law; and second, making null and void any changes to work rules made by FAA without union agreement or employee ratification on or after July 10, 2005.

Here's an update concerning Missouri Aviation. The only Airport and Aviation Bills are as follows:

Missouri House of Representatives
94th General Assembly, 2nd Regular Session (2008)
Bills Indexed by Subject
AIRCRAFT AND AIRPORTS

HB 1495 --- Sponsor: Bruns, Mark J. --- CoSponsor: Sater, David
Changes the laws regarding the Aviation Trust Fund and the funding for certain air traffic control towers

HB 1639 --- Sponsor: Bruns, Mark J. --- CoSponsor: Richard, Ron
Changes the laws regarding the Aviation Trust Fund and air traffic control towers

HB 1760 --- Sponsor: Storch, Rachel --- CoSponsor: Oxford, Jeanette Mott
Requires statewide elected officials and members of the General Assembly to report any use of a private plane, the cost of the flight, and all the passengers within 72 hours after the flight

HB 1888 --- Sponsor: Schoeller, Shane --- CoSponsor: Lampe, Sara
Allows cities to annex land within airport zones in Greene County if cities agree to enforce Springfield's airport zoning ordinance

HB 2221 --- Sponsor: St. Onge, Neal C.
Revises the definition of "commercial aircraft" as it relates to the taxation of aircraft by lowering the maximum certified gross take-off weight from 7,000 to 1,000 pounds

HCR 10 --- Sponsor: Scharnhorst, Dwight
Urges Congress to enact legislation to protect airline customers

HCR 43 --- Sponsor: Funderburk, Doug --- CoSponsor: Wells, Don
Urges the United States Air Force to reconsider its decision to replace a Boeing-made refueling tanker with a tanker supplied by a foreign country

HCR 46 --- Sponsor: Darrough, Bruce --- CoSponsor: Smith, Jason
Urges the United States Air Force to reconsider its decision to replace a Boeing-made refueling tanker with a tanker supplied by a foreign country

SB 930 --- Sponsor: Stouffer, Bill
Removes cap on amount of aviation generated revenue that may be deposited in state aviation trust fund and expands purposes for which moneys in the aviation trust fund may be used

SB 943 --- Sponsor: Clemens, Dan
Allows cities to annex land within airport zones in Greene County if cities agree to enforce Springfield's airport zoning ordinance

SB 947 --- Sponsor: Kennedy, Harry
Increases the cap on amount of aviation generated revenue that may be deposited in state aviation trust fund and expands purposes for which moneys in the aviation trust fund may be used

SB 1049 --- Sponsor: Kennedy, Harry
Expands sales tax exemption purchases of tangible personal property used in the repair and maintenance of aircraft

SB 1073 --- Sponsor: Dempsey, Tom
Creates a state and local sales and use tax exemption for defense articles sold to foreign governments

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Note: Here's your web site address for Texas Legislation: www.texas.gov.
Look for Transportation-Aviation, to search all Aviation Bills.

Note: Here's your web site address for Illinois Legislation: www.illinois.gov.
Look for Transportation-Aviation, to search all Aviation Bills.

All other states should follow this same format, to search your specific state's aviation and airport bills.

Remember, that as members of USPA, MPA, TPA, TXAA, NMPA, NPA, IPA, EAA, AOPA, or other pilot associations of which you may be a member, we have a powerful voice, in Missouri, Illinois, Indiana, Texas, or whatever state you may represent. Every group of taxpayers and pilots carries a strong voice to Washington, D.C., as well as at the state and local level.
We need to learn how to use our voices, and speak up for general aviation.

So Let's not forget to exercise our privileges, and continue to make a "Difference for General Aviation."

SAFE FLYING!