SB-0992, As Passed House, December 13, 2016

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 992

A bill to provide for the operation and regulation of unmanned

aircraft systems in this state; to create the unmanned aircraft

systems task force; to provide for the powers and duties of state

and local governmental officers and entities; and to prohibit

conduct related to the operation of unmanned aircraft systems and

prescribe penalties.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 1. This act shall be known and may be cited as the

"unmanned aircraft systems act".

Sec. 3. As used in this act:

(a) "Person" means an individual, partnership, corporation,

association, governmental entity, or other legal entity.

(b) "Political subdivision" means a county, city, village,

township, or other political subdivision, public corporation,

authority, or district in this state.

all of the associated support equipment, control station, data

links, telemetry, communications, navigation equipment, and other

equipment necessary to operate the unmanned aircraft.

(d) "Unmanned aircraft" means an aircraft flown by a remote

pilot via a ground control system, or autonomously through use of

an on-board computer, communication links, and any additional

equipment that is necessary for the unmanned aircraft to operate

safely.

Sec. 5. (1) Except as expressly authorized by statute, a

political subdivision shall not enact or enforce an ordinance or

resolution that regulates the ownership or operation of unmanned

aircraft or otherwise engage in the regulation of the ownership or

operation of unmanned aircraft.

(2) This act does not prohibit a political subdivision from

promulgating rules, regulations, and ordinances for the use of

unmanned aircraft systems by the political subdivision within the

boundaries of the political subdivision.

(3) This act does not affect federal preemption of state law.

(4) If this act conflicts with section 40111c or 40112 of the

natural resources and environmental protection act, 1994 PA 451,

MCL 324.40111c and 324.40112, those sections control.

Sec. 11. A person that is authorized by the Federal Aviation

Administration to operate unmanned aircraft systems for commercial

purposes may operate an unmanned aircraft system in this state if

the unmanned aircraft system is operated in a manner consistent

with federal law.

Sec. 13. A person may operate an unmanned aircraft system in

this state for recreational purposes if the unmanned aircraft

system is operated in a manner consistent with federal law for the

operation of a model aircraft.

Sec. 21. An individual shall not knowingly and intentionally

operate an unmanned aircraft system in a manner that interferes

with the official duties of any of the following:

(a) A police officer.

(b) A firefighter.

(d) Search and rescue personnel.

Sec. 22. (1) A person shall not knowingly and intentionally

operate an unmanned aircraft system to subject an individual to

harassment. As used in this subsection, "harassment" means that

term as defined in section 411h or 411i of the Michigan penal code,

1931 PA 328, MCL 750.411h and 750.411i.

(2) A person shall not knowingly and intentionally operate an

unmanned aircraft system within a distance that, if the person were

to do so personally rather than through remote operation of an

unmanned aircraft, would be a violation of a restraining order or

other judicial order.

(3) A person shall not knowingly and intentionally operate an

unmanned aircraft system to violate section 539j of the Michigan

penal code, 1931 PA 328, MCL 750.539j, or to otherwise capture

photographs, video, or audio recordings of an individual in a

manner that would invade the individual's reasonable expectation of

privacy.

(4) An individual who is required to register as a sex

offender under the sex offenders registration act, 1994 PA 295, MCL

28.721 to 28.736, shall not operate an unmanned aircraft system to

knowingly and intentionally follow, contact, or capture images of

another individual, if the individual's sentence in a criminal case

would prohibit the individual from following, contacting, or

capturing the image of the other individual.

Sec. 23. (1) An individual who violates section 21 or 22 is

guilty of a misdemeanor punishable by imprisonment for not more

than 90 days or a fine of not more than $500.00, or both.

(2) This section does not affect the ability to investigate or

to arrest, prosecute, or convict an individual for any other

violation of a law of this state.

Sec. 31. (1) The unmanned aircraft systems task force is

created to develop statewide policy recommendations on the

operation, use, and regulation of unmanned aircraft systems in this

state.

(2) Within 90 days after the effective date of this act, the

governor shall appoint initial members of the unmanned aircraft

systems task force. The individuals appointed to the unmanned

aircraft systems task force by the governor, initially and

subsequently, must comprise 1 member from each of the following

agencies or interest groups:

(a) A member from the state transportation department

nominated by the director of the state transportation department.

(b) A member from the division of the state transportation

department that performs bridge inspections and road work,

nominated by the director of the state transportation department.

the director of the department of state police.

(d) A member from the department of natural resources,

nominated by the director of the department of natural resources.

(e) A member from the department of agriculture and rural

development, nominated by the director of the department of

agriculture and rural development.

(f) A member from the department of licensing and regulatory

affairs nominated by the director of the department of licensing

and regulatory affairs.

(g) A member from the department of corrections, nominated by

the director of the department of corrections.

(h) An unmanned aircraft systems technical commercial

representative.

(i) An unmanned aircraft systems manufacturing industry

representative.

(j) A member who is licensed by the Federal Aviation

Administration to operate unmanned aircraft that weigh less than 55

pounds.

(k) A member who represents airports in this state, nominated

by the director of the state transportation department.

(l) A member from the Michigan Municipal League, nominated by

the executive director of the Michigan Municipal League.

(m) A law enforcement official from a municipality, nominated

by a statewide police chiefs association.

(n) A member who represents county sheriffs, nominated by the

president of the Michigan Sheriffs' Association.

(o) A member of a statewide agricultural association,

nominated by the president of the association.

(p) A member of a statewide retail association, nominated by

the president of the association.

(q) A member of a statewide manufacturing trade association,

nominated by the president or chief executive officer of the

association.

(r) A member of a statewide property and casualty insurance

association, nominated by the president or chief executive officer

of the association.

(s) A member of a statewide association that represents real

estate brokers licensed in this state, nominated by the president

of the association.

(t) A member of a statewide surveying association, nominated

by the president of the association.

(u) A member of a statewide freight railroad association,

nominated by the president of the association.

(v) A member of a statewide broadcasters association,

nominated by the president of the association.

(w) A member who represents persons that operate key

facilities, as that term is defined in section 552c of the Michigan

penal code, 1931 PA 328, MCL 750.552c.

(x) A member who is knowledgeable about the operation of

public utilities who represents public utilities in the Upper

Senate Bill No. 992 as amended December 13, 2016

Peninsula, nominated by the chairman of the public service

commission.

(y) A member who is knowledgeable about the operation of

public utilities who represents public utilities in the Lower

Peninsula, nominated by the chairman of the public service

commission.

(z) A member who represents the Mackinac Bridge Authority,

nominated by the authority.

[(aa) A member who represents the city of Mackinac Island.]

(3) Initial nominations to the unmanned aircraft systems task

force must be submitted to the governor within 60 days after the

effective date of this act. The governor shall make the initial

appointments within 30 days after the close of nominations.

(4) Members of the unmanned aircraft systems task force shall

serve for terms of 4 years or until a successor is appointed,

whichever is later, except that of the initial members appointed, 6

members, as designated by the governor, shall serve for 1 year, 6

members, as designated by the governor, shall serve for 2 years,

and 7 members, as designated by the governor, shall serve for 3

years.

(5) If a vacancy occurs on the unmanned aircraft systems task

force, the governor shall make an appointment for the unexpired

term in the same manner as the original appointment.

(6) The governor may remove a member of the unmanned aircraft

systems task force for incompetence, dereliction of duty,

malfeasance, misfeasance, or nonfeasance in office, or any other

good cause.

(7) The member from the state transportation department shall

chair the unmanned aircraft systems task force and serve as a

liaison to the governor and the standing committees in the house

and senate that mainly deal with transportation issues. The

unmanned aircraft systems task force shall meet as necessary to

complete the duties of the task force. Meetings of the unmanned

aircraft systems task force must be held in the central part of

this state.

(8) A majority of the members of the unmanned aircraft systems

task force constitute a quorum for the transaction of business at a

meeting of the task force. A majority of the members present and

serving are required for official action of the task force.

(9) The unmanned aircraft systems task force shall conduct its

business at public meetings of the task force held in compliance

with the open meetings act, 1976 PA 267, MCL 15.261 to 15.275.

(10) A writing prepared, owned, used, in the possession of, or

retained by the unmanned aircraft systems task force in the

performance of an official function is subject to the freedom of

information act, 1976 PA 442, MCL 15.231 to 15.246.

(11) The members of the unmanned aircraft systems task force

must receive no compensation for serving as members of the task

force.

(12) The unmanned aircraft systems task force shall consider

commercial and private uses of unmanned aircraft systems, landowner

and privacy rights, as well as general rules and regulations for

safe operation of unmanned aircraft systems, and prepare

comprehensive recommendations for the safe and lawful operation of

unmanned aircraft systems in this state. The recommendations must

include, but not be limited to, recommendations regarding the

protection of public and private property interests and the use of

unmanned aircraft systems over public property.

(13) The state transportation department shall provide

administrative support to the unmanned aircraft systems task force.

(14) The unmanned aircraft systems task force shall submit a

report with recommendations to the governor and the standing

committees in the house and senate that mainly deal with

transportation issues within 3 months after the first meeting of

the task force.

(15) After submitting the report required under subsection

(14), the unmanned aircraft systems task force shall meet not less

than once every 18 months to consider any new developments or

problems that may require further consideration and recommendations

by the task force.

Enacting section 1. This act takes effect 90 days after the

date it is enacted into law.