SENATE BILL No. 994

 

 

May 25, 2016, Introduced by Senator CASPERSON and referred to the Committee on Transportation.

 

 

 

     A bill to amend 1945 PA 327, entitled

 

"Aeronautics code of the state of Michigan,"

 

by amending sections 8 and 9 (MCL 259.8 and 259.9), as amended by

 

2002 PA 35, and by adding section 97.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 8. As used in this act:

 

     (a) "Seaplane" means an aircraft that is capable of landing

 

and taking off on the water.

 

     (b) "Seaplane base" means an area of water used or intended to

 

be used for the landing and takeoff of aircraft, together with

 

appurtenant shoreside buildings and facilities.

 

     (c) "Small unmanned aircraft" means an unmanned aircraft that

 

weighs less than 55 pounds.

 

     (d) (c) "State approach surface" means an imaginary plane

 

longitudinally centered on the extended runway centerline and

 

extending outward and upward from each end of the state primary


surface.

 

     (e) (d) "State primary surface" means a surface longitudinally

 

centered on a runway. For a paved runway, the state primary surface

 

extends 200 feet beyond each end of that runway. for For an unpaved

 

runway or a planned paved runway, the state primary surface ends at

 

each end of that runway. The elevation of any point on the state

 

primary surface is the same as the elevation of the nearest point

 

on the runway centerline. The width of a state primary surface is

 

as follows:

 

     (i) One hundred feet for basic utility airports.

 

     (ii) Two hundred and fifty feet for general utility airports.

 

     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 of not to exceed more than 120

 

days per calendar year.

 

     (c) "Ultralight" means an aircraft meeting that meets the

 

requirements of 14 C.F.R. CFR part 103.

 

     (d) "Unmanned aircraft system" means an unmanned aircraft and

 

associated elements, including communication links and the

 

components that control the unmanned aircraft, that are required

 

for the pilot in command to operate safely and efficiently in the

 

national airspace system.

 

     (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. 97. (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 the amendatory

 

act that added this section, the governor shall appoint members of

 

the unmanned aircraft systems task force. The individuals appointed

 

must comprise 1 member from each of the following agencies or

 

interest groups:

 

     (a) A member from the 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.

 

     (c) A member from the department of state police, nominated by

 

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) An unmanned aircraft systems technical commercial

 

representative.


     (h) An unmanned aircraft systems manufacturing industry

 

representative.

 

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

 

Administration to operate a small unmanned aircraft system.

 

     (j) A member of a statewide agricultural association,

 

nominated by the president of the association.

 

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

 

the president of the association.

 

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

 

nominated by the president or chief executive officer of the

 

association.

 

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

 

association, nominated by the president or chief executive officer

 

of the association.

 

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

 

estate brokers licensed in this state, nominated by the president

 

of the association.

 

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

 

by the president of the association.

 

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

 

by a statewide police chiefs association.

 

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

 

nominated by the president of the association.

 

     (r) A member of a statewide broadcasters association,

 

nominated by the president of the association.

 

     (3) Nominations to the unmanned aircraft systems task force

 

must be submitted to the governor within 60 days after the


effective date of the amendatory act that added this section. The

 

governor shall make the appointments within 30 days after the close

 

of nominations. The terms of the appointments are until submission

 

of the report of comprehensive recommendations under subsection

 

(10). The member from the 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.

 

     (4) 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.

 

     (5) 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.

 

     (6) 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.

 

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

 

must receive no compensation for serving as members of the task

 

force.

 

     (8) 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.

 

     (9) The department shall provide administrative support to the

 

unmanned aircraft systems task force.

 

     (10) 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.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.

 

     Enacting section 2. This amendatory act does not take effect

 

unless Senate Bill No. 432 of the 98th Legislature is enacted into

 

law.