September 16, 2015, Introduced by Reps. Heise, Singh, Darany and Hughes and referred to the Committee on Criminal Justice.
A bill to amend 1945 PA 327, entitled
"Aeronautics code of the state of Michigan,"
by amending section 3 (MCL 259.3), as amended by 2002 PA 35, and by
adding section 98.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 3. As used in this act:
(a) "Balloon" means a lighter-than-air aircraft that is not
engine driven and that sustains flight through the use of either
gas buoyancy or an airborne heater.
(b) "Commercial activity or operations" means an activity or
operation
such as the sale of gasoline or oil, the soliciting or
engaging
in charter flying or flight instruction, the provision of
providing shelter or the tie-down of an aircraft, the overhaul or
repair of an aircraft or of engines, or other activity or operation
that offers aeronautic facilities or services to the public.
(c) "Commission" means the Michigan aeronautics commission.
(d) "Dealer" means a person engaged in the business of
purchasing, selling, brokering, exchanging, or dealing in aircraft
parts or in aircraft of a type required to be registered.
(e)
"Decal plate" means that the distinctive tab, sticker,
decal, or plate issued by the commission with the registration
certificate for an aircraft.
(f) "Department" means the state transportation department,
bureau of aeronautics.
(g) "Director" means the deputy director of the department,
bureau of aeronautics who is the director of the Michigan
aeronautics commission.
(h) "Drone" means an aircraft, or other flying device, that is
remotely controlled.
Sec. 98. (1) An individual who is operating a drone shall not
do any of the following:
(a) Knowingly fly the drone in a manner that interferes with a
public safety operation.
(b) Knowingly fly the drone in a manner that interferes with
the provision of services by a public utility.
(c) Knowingly fly the drone for the purpose of committing an
act that is punishable as a felony or misdemeanor under the law of
this state.
(2) An individual who violates this section is guilty of a
misdemeanor punishable by imprisonment for not more than 1 year or
a fine of not more than $1,000.00, or both.
(3) As used in this section:
(a) "Public safety operation" means an operation that involves
the actions of any of the following individuals while the
individual is performing his or her duties:
(i) A police officer of this state or of a political
subdivision of this state, including, but not limited to, a motor
carrier officer or capitol security officer of the department of
state police.
(ii) A police officer of a junior college, college, or
university who is authorized by the governing board of the junior
college, college, or university to enforce state law and the rules
and ordinances of the junior college, college, or university.
(iii) A conservation officer of the department of natural
resources or the department of environmental quality.
(iv) A conservation officer of the United States Department of
the Interior.
(v) A sheriff or deputy sheriff.
(vi) A constable.
(vii) A peace officer of a duly authorized police agency of
the United States, including, but not limited to, an agent of the
United States Department of Justice.
(viii) An employee of the United States Department of Homeland
Security, including, but not limited to, Customs and Border
Protection and the Secret Service.
(ix) A firefighter.
(x) An individual licensed under section 20950 of the public
health code, 1978 PA 368, MCL 333.20950.
(xi) An individual engaged in a search and rescue operation as
that term is defined in section 50c of the Michigan penal code,
1931 PA 328, MCL 750.50c.
(xii) An individual who is a member of the United States
military and in the active military service of the United States or
a member of the National Guard or the defense force and in active
state service, as that term is defined in section 105 of the
Michigan military act, 1967 PA 150, MCL 32.505.
(b) "Public utility" means that term as defined in section 1
of 1972 PA 299, MCL 460.111, but including a municipally owned
utility.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.