Bill Text: MI HB6436 | 2017-2018 | 99th Legislature | Introduced
Bill Title: Aeronautics; other; landing and takeoff operations and the activities of a flying club on a private use landing area; regulate. Amends secs. 7 & 89 of 1945 PA 327 (MCL 259.7 & 259.89).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2018-10-17 - Bill Electronically Reproduced 10/04/2018 [HB6436 Detail]
Download: Michigan-2017-HB6436-Introduced.html
HOUSE BILL No. 6436
October 4, 2018, Introduced by Rep. Yaroch and referred to the Committee on Transportation and Infrastructure.
A bill to amend 1945 PA 327, entitled
"Aeronautics code of the state of Michigan,"
by amending sections 7 and 89 (MCL 259.7 and 259.89), section 7 as
amended by 2015 PA 261 and section 89 as amended by 2002 PA 35.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 7. 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, or
township of this state, and any other political subdivision, public
corporation, authority, or district in this state that is or may be
authorized by law to acquire, establish, construct, maintain,
improve, and operate airports, landing fields, and other
aeronautical facilities.
(c)
"Private landing area" means any a location,
either on
land or water, that is used for the takeoff or landing of aircraft
and the use of which is restricted to the owner or persons
authorized
by the owner. Notwithstanding any existing limitation or
regulation
to the contrary, the owner and any person authorized by
the
owner has the right to use the private landing area. Commercial
operations
shall not be conducted on a private landing area.
(d) "Public use facility" means an airport, landing field, or
other aeronautical facility that is available for use by the
general public without prior approval of the owner or operator.
(e) "Qualified airport" means that term as defined in section
109.
(f)
"Rule" means a rule promulgated pursuant to under the
administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to
24.328.
Sec. 89. All of the following apply to a private landing area:
(a) Notwithstanding any existing limitation or regulation to
the contrary, except as prescribed in subdivision (e), the owner of
a private landing area and any person authorized by the owner has
the right to use the private landing area.
(b) The owner of a private landing area or a person authorized
by the owner to use the private landing area shall not conduct
commercial operations on the private landing area. As used in this
subdivision, "commercial operations" includes, but is not limited
to, soliciting or engaging in a flight operation provided by a
flying club in exchange for the payment of a membership fee. A
flight operation provided, or reserved for a future date, by a
flying club on the date a person pays or agrees to pay a membership
fee to the flying club, or within 7 days before or after that date,
is considered a flight operation provided in exchange for the
payment of a membership fee.
(c)
Sections 86 and 87a do not apply to landing
areas
designated
and operated for private use if commercial operations
are
not performed on the landing areas.a
private landing area.
(d)
A person shall not establish a private landing area, for
private
use shall not be established, without
commission approval,
within 5 nautical miles of a public use facility certified by the
commission or that would violate section 87.
(e) The total number of landing and takeoff operations on a
private landing area shall not exceed 10 operations per day unless
the governing body of the local unit of government in which the
private landing area is located approves a number of operations
greater than 10 by ordinance, resolution, rule, or regulation. As
used in this subdivision, "local unit of government" means a city,
village, or township.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
