HOUSE BILL NO. 5319

A bill to amend 1931 PA 328, entitled

"The Michigan penal code,"

by amending section 45a (MCL 750.45a), as added by 2018 PA 445.

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 a law enforcement facility, or any other critical infrastructure.

(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) Beginning 90 days after the effective date of the amendatory act that added this subsection, a person shall not fly or cause an unmanned aircraft to hover over a key facility, a correctional facility, a law enforcement facility, or any other critical infrastructure. This subsection applies only to the extent that this subsection is not preempted by federal law.

(4) Beginning 90 days after the effective date of the amendatory act that added this subsection, a person shall not trespass on a key facility, a correctional facility, a law enforcement facility, or any other critical infrastructure by piloting an unmanned vehicle on land or in water that is part of a key facility, or by causing an unmanned vehicle to trespass on land or in water that is part of a key facility, correctional facility, law enforcement facility, or critical infrastructure.

(5) (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.

(6) (4) This section does not apply to a either of the following:

(a) A public safety agency operating an unmanned aircraft or other unmanned vehicle.

(b) 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.

(7) (5) As used in this section:

(a) "Critical infrastructure" means a facility designated as critical infrastructure by this state, or that is part of a critical infrastructure sector identified by the federal Cybersecurity and Infrastructure Security Agency.

(b) (a) "Key facility" means that term as defined in section 552c.

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

(d) "Unmanned vehicle" means a water- or land-based vehicle that is piloted remotely, or autonomously through use of an on-board computer, communication links, and any additional equipment that is necessary for the vehicle to operate safely.