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MICHIGAN HOUSE PROPOSES TO REPEAL LAWS

House Bill 4704 seeks to amend Michigan State laws adopted last year, repealing the requirement for flight school "applicants" to undergo fingerprinting and criminal records checks.

House Bill 4704 seeks to amend Michigan State laws adopted last year, repealing the requirement for flight school "applicants" to undergo fingerprinting and criminal records checks. The proposed changes were approved by a 106 to 0 vote in the Michigan House June 24 and were referred to the Senate Transportation committee.

An analysis paper associated with HB 4704 notes that in a letter dated April 10, 2003, the Transportation Security Administration termed state-imposed background check requirements "inconsistent with the intent of Congress" and "not permissible."

(See http://michiganlegislature.org/documents/2003-2004/billanalysis/house/htm/2003-HLA-4704-a.htm)or click here Michigan House Bill

HB 4704 proposes to retain licensing requirements for flight schools, including an initial $25 fee and $10 annual renewal fee. It also retains provisions where violation of newly-proposed security laws could prompt revocation of a flight school license. Those newly-proposed security laws, however, are based in part on practices endorsed by SSA and AOPA.

MICHIGAN HOUSE PROPOSES TO REPEAL BACKGROUND CHECK LAWS (cont'd)

The full text of HB 4704 is available online at:

http://michiganlegislature.org/documents/2003-2004/billengrossed/house/pdf/2003-HEBH-4704.pdf

In summary, the proposed security requirements mean each flight school in Michigan would be required to implement a security program including -

(1) at least one of the following:

(a) Procedures for positive identification of a student pilot or renter pilot as a precondition to allowing access to aircraft.

(b) Procedures for control of aircraft ignition keys to prevent operation of an aircraft
by a student pilot who is not in the presence of or under the authorization of a flight instructor or other authorized individual.

(c) Instructional procedures that ensure close student pilot supervision.
(2) all of the following:

*(a) A requirement that the student present an FAA student medical certificate and student pilot certificate as a predicate to enrollment in the flight school. [For purposes of this subdivision, enrollment is considered a flight instructor endorsement to operate an aircraft at a time during which the student is the sole occupant of the aircraft.]

(b) Instructional materials that identify and offer examples of types of suspicious activity at or in proximity to an airport and that advise students and renter pilots of the means to report such activity to local law enforcement officials and appropriate federal authorities.
(c) The prominent display of signs requesting pilots to report suspicious activity at or in proximity to an airport. The signs must provide telephone numbers of local law enforcement officials and appropriate federal authorities.

*SSA's initial comments to the Michigan Senate Transportation Committee note that in the case of gliders and balloons, no medical certificate is required by FAA, and none can or should be required of these pilots by Michigan law.

Further action on HB 4704 is expected this summer. SSA members who wish to comment on HB 4704 are encouraged to direct email to:

Senate Transportation Committee Chairman, Judson Gilbert II (R-25th Dist) SenJGilbert@senate.michigan.gov
Senate Transportation Committee Co-chair, Wayne Kuipers (R-30th Dist) SenWKuipers@senate.michigan.gov

Posted: 6/27/2003 By: General News


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