May 25, 2016, Introduced by Senators MACGREGOR, NOFS, CASPERSON, BOOHER, BRANDENBURG and SCHMIDT and referred to the Committee on Transportation.
A bill to provide for the operation and regulation of unmanned
aerial systems in this state; 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 aerial
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 aerial 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.
(c) "Unmanned aerial system" means an unmanned aircraft and
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 the flying portion of an
unmanned aerial system, flown by a 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 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 aerial 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 aerial systems for commercial
purposes may operate an unmanned aerial system in this state if the
unmanned aerial system is operated in a manner consistent with the
authorization.
Sec. 13. A person whose unmanned aerial system is registered
by the Federal Aviation Administration for recreational purposes
only may operate the unmanned aerial system in this state if the
unmanned aerial system is operated in the manner required by law
for the operation of a model aircraft.
Sec. 21. An individual shall not knowingly and intentionally
operate an unmanned aerial system in a manner that interferes with
the official duties of any of the following:
(a) A police officer.
(b) A firefighter.
(c) A paramedic.
(d) Search and rescue personnel.
Sec. 22. (1) A person shall not knowingly and intentionally
operate an unmanned aerial 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 aerial 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 aerial system to 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 aerial 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. 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.
Enacting section 1. This act takes effect 90 days after the
date it is enacted into law.