Bill Text: MI HB4868 | 2015-2016 | 98th Legislature | Engrossed
Bill Title: Aeronautics; other; use of unmanned aerial vehicles; criminalize certain uses. Amends sec. 3 of 1945 PA 327 (MCL 259.3) & adds sec. 98.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2016-02-10 - Referred To Committee Of The Whole [HB4868 Detail]
Download: Michigan-2015-HB4868-Engrossed.html
HB-4868, As Passed House, January 28, 2016
SUBSTITUTE FOR
HOUSE BILL NO. 4868
A bill to amend 1945 PA 327, entitled
"Aeronautics code of the state of Michigan,"
by amending section 9 (MCL 259.9), as amended by 2002 PA 35 and by
adding section 98.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 9. As used in this act:
(a) "Taxi" means the moving of an aircraft under its own power
either
on the ground or on the surface of the water, prior to
before the beginning of the take-off run and after the end of the
landing run.
(b) "Temporary commercial operations" means any commercial
operation conducted for a period not to exceed 120 days per
calendar year.
(c) "Ultralight" means an aircraft meeting requirements of 14
C.F.R.
CFR part 103.
(d) "Unmanned aerial vehicle" means an aircraft that is
operated without the possibility of direct human intervention from
within or on the aircraft.
(e) (d)
"Vehicle" means any
device in, upon, on, or by which a
person or property is or may be transported, except an aircraft.
Sec. 98. (1) An individual who is operating an unmanned aerial
vehicle shall not do any of the following:
(a) Knowingly operate the unmanned aerial vehicle in a manner
that obstructs a public safety operation.
(b) Knowingly operate the unmanned aerial vehicle in a manner
that interferes with the operations of a public utility, key
facility, correctional facility, or public transportation service.
(c) Knowingly operate the unmanned aerial vehicle to trespass
as prohibited by section 552 of the Michigan penal code, 1931 PA
328, MCL 750.552, without lawful authority on or above property
owned or under the control of another person.
(d) Knowingly operate the unmanned aerial vehicle to trespass
on or above property owned or under the control of another person
to subject another person to eavesdropping or surveillance.
(E) Knowingly operate the unmanned aerial vehicle 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) 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.
(4) This section only applies to individuals operating an
unmanned aerial vehicle for hobby or recreation purposes.
(5) As used in this section:
(a) "Correctional facility" means a state correctional
facility or a jail as those terms are defined in section 62 of the
corrections code of 1953, 1953 PA 232, MCL 791.262, or a facility
or institution that is maintained and operated by a private
contractor under section 20i of the corrections code of 1953, 1953
PA 232, MCL 791.220i.
(b) "Key facility" means that term as defined in section 552c
of the Michigan penal code, 1931 PA 328, MCL 750.552c.
(c) "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) A state correctional officer, as that term is defined in
section 2 of the correctional officers' training act of 1982, 1982
PA 415, MCL 791.502, or a local corrections officer, as that term
is defined in section 2 of the local corrections officers training
act, 2003 PA 125, MCL 791.532.
(xi) A railroad police officer, commissioned as described in
section 385 of the railroad code of 1993, 1993 PA 354, MCL 462.385.
(xii) An individual licensed under section 20950 of the public
health code, 1978 PA 368, MCL 333.20950.
(xiii) 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.
(xiv) 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.
(d) "Public transportation service" means that term as defined
in section 10c of 1951 PA 51, MCL 247.660c.
(e) "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.
