October 11, 2017, Introduced by Senator MARLEAU and referred to the Committee on Transportation.
A bill to amend 1945 PA 327, entitled
"Aeronautics code of the state of Michigan,"
by amending section 51 (MCL 259.51), as amended by 2002 PA 35.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 51. (1) The commission has general supervision over
aeronautics
within in this state. The commission shall encourage,
foster, and participate with and provide grants to the political
subdivisions
of this state in the development of aeronautics within
in this state. The commission shall establish and encourage the
establishment of airports, landing fields, and other aeronautical
facilities. The commission shall promulgate rules that it considers
necessary and advisable for the public safety governing the
designing, laying out, location, building, equipping, and operation
of airports and landing fields and shall exercise exclusive
authority to approve the location and operation of airports,
landing
fields, and other aeronautical facilities within the in
this state, so as to assure a uniformity in regulations covering
aeronautics. In order to implement this act, the commission may
establish programs of state financial assistance in the form of
grants, leases, loans, and purchases, or a combination of grants,
leases, loans, and purchases, for assisting political subdivisions
or other persons. The commission shall not grant an exclusive right
for the use of an aeronautical facility. The commission may by the
issuance of appropriate and effective rules register pilot's
certificates
issued by the civil aeronautics authority Federal
Aviation Administration or other similar federal authority to
resident
pilots of the this state for which it may charge a fee not
to exceed $5.00; govern and regulate commercial operations in
intrastate commerce for which it may charge a fee of not more than
$25.00; and provide for the licensing of aircraft dealers for which
it may charge a fee of not more than $25.00.
(2) The commission shall cooperate with and assist the federal
government, state governments, authorities of political
subdivisions, and individuals engaged in aeronautics or the
development of aeronautics, and shall seek to coordinate the
aeronautical activities of these entities. The commission may
confer
with or hold joint hearings with any federal or state
governments, their agencies, the authorities of political
subdivisions, and individuals, in connection with any matter
arising under this act, and avail itself of the cooperation,
services, records, and facilities of those agencies in the
administration and enforcement of this act. The commission shall
reciprocate by furnishing governments and their agencies its
cooperation, services, records, and facilities, insofar as may be
practicable.
(3) The commission may perform acts, issue and amend orders,
and make, promulgate, and amend reasonable general or special rules
and procedures, and establish minimum standards, consistent with
this
act, which that it considers necessary to implement this act
and to perform its duties under this act, all commensurate with and
for the purpose of protecting and insuring the general public
interest, health, welfare, and safety. The commission may adopt and
enforce
the provisions of the currently effective federal
legislation governing aeronautics. The commission shall promulgate
rules to implement this act. The commission may deviate from or add
to rules if necessary for the public safety and for the safety of
aircraft
and airmen within the in
this state. A rule of the
commission
shall does not apply to aeronautical facilities owned by
the federal government.
(4)
For the safety of aircraft and airmen within in this
state, the commission may designate, establish, or modify a state
airways system. The commission may publish and distribute maps,
charts, and information relating to that system.
(5) The commission, a commission member or employee, the
director, and every state, county, and municipal officer charged
with the enforcement of state and municipal laws shall enforce and
assist in the enforcement of this act and of rules promulgated
under this act, and of all other laws of this state relating to
aeronautics. In the aid of enforcement, general police powers are
conferred
upon on the commission, each of its members, the
director, and the officers and employees of the commission
designated by the commission to exercise those powers. The
commission
is further authorized to may
also enforce this act and
rules
promulgated under this act by requesting
an injunction in
from the circuit court. The prosecuting attorney of the county in
which an offense is committed shall prosecute offenders against
this act and other aeronautical laws of this state, or any rule
promulgated
under this act or order issued by the commission. When
If
a complaint is made before a municipal
court in a city having
such
that has a municipal
court, or the district court in the
county, district, or political subdivision in which venue is
proper, that court may take cognizance, hear, try, and determine
such
matters the case and pass sentence upon offenders the
defendant in accordance with law.
(6) The commission, a commission member, the director, or an
employee designated by the commission may hold investigations,
inquiries, and hearings concerning matters covered by this act,
aircraft
accidents, or orders and rules of the commission. Each A
person designated may administer oaths and affirmations, certify to
official acts, issue subpoenas, and compel the attendance and
testimony
of witnesses , and
the production of papers, books, and
documents.
In case of failure If a
person fails to comply with a
subpoena or order issued under this act, the commission, or its
authorized representative, may invoke the aid of a court of general
jurisdiction.
The court may order the witness person
to comply with
the
requirements of the subpoena or
order, or to give evidence
touching
about the matter in question. Failure to obey the order of
the court may be punished by the court as contempt.
(7)
In order to To facilitate investigations by the commission
in the interest of public safety and development of aeronautics,
the reports of investigations or hearings, or any part of them,
shall
must not be admitted in evidence or used for any purpose
in
an action or proceeding growing out of a matter referred to in the
investigation,
hearing, or report, except in case of a criminal
case
or other proceedings instituted in
behalf of the this state
under
this act or any other another
law of this state relating to
aeronautics.
A commissioner, director, or an officer or employee of
the
commission shall must not be required to testify to facts
ascertained
in, or information gained by reason because of, his or
her official capacity, or be required to testify as an expert
witness in an action or proceeding involving an aircraft. Except as
otherwise provided in this section, the commission may make
available to appropriate federal and state agencies information and
material developed in the course of its hearings and
investigations.
(8)
For the purposes of executing To
execute its powers and
duties
under this act, the commission, upon on recommendations to
the state administrative board, may enter into necessary contracts.
(9) The commission may, by rule, provide for the landing,
operation, and take-off of seaplanes on and from the waters of this
state. To ensure safety and uniformity in the operation of aircraft
on the waters of this state, the authority of the commission under
this subsection is exclusive to the extent exercised by rule of the
commission, and any rule promulgated controls over any charter,
ordinance, or other regulation of a political subdivision.
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. 627
of the 99th Legislature is enacted into law.