Act No. 445

Public Acts of 2018

Approved by the Governor

December 20, 2018

Filed with the Secretary of State

December 21, 2018

EFFECTIVE DATE: March 29, 2019

STATE OF MICHIGAN

99TH LEGISLATURE

REGULAR SESSION OF 2018

Introduced by Reps. Hauck, Lower, Hoitenga and Barrett

ENROLLED HOUSE BILL No. 5495

AN ACT to amend 1931 PA 328, entitled “An act to revise, consolidate, codify, and add to the statutes relating to crimes; to define crimes and prescribe the penalties and remedies; to provide for restitution under certain circumstances; to provide for the competency of evidence at the trial of persons accused of crime; to provide immunity from prosecution for certain witnesses appearing at criminal trials; to provide for liability for damages; and to repeal certain acts and parts of acts inconsistent with or contravening any of the provisions of this act,” (MCL 750.1 to 750.568) by adding section 45a.

The People of the State of Michigan enact:

Sec. 45a. (1) Subject to subsection (2), a person shall not knowingly and intentionally use an unmanned aircraft in a manner that interferes with the operations of a key facility, a correctional facility, or other law enforcement facility.

(2) If a facility listed under subsection (1) is included on the Federal Aviation Administration’s registry of fixed site facilities under section 2209 of the FAA extension, safety, and security act of 2016, Public Law 114-190, a person shall not fly or cause an unmanned aircraft to hover over the facility.

(3) A person who violates this section is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $2,500.00, or both.

(4) This section does not apply to a commercial operator of an unmanned aircraft if the unmanned aircraft is operated pursuant to and in compliance with Federal Aviation Administration regulations, authorizations, and exemptions.

(5) As used in this section:

(a) “Key facility” means that term as defined in section 552c.

(b) “Unmanned aircraft” means that term as defined in section 3 of the unmanned aircraft systems act, 2016 PA 436, MCL 259.303.

Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.

Clerk of the House of Representatives

Secretary of the Senate

Approved

Governor