Senate Introduced Bill B00934

SENATE BILL No. 934

December 11, 2001, Introduced by Senators GOUGEON, SHUGARS, BULLARD,

JOHNSON, MC MANUS, SIKKEMA, HAMMERSTROM, NORTH, GARCIA,

SANBORN, SCHUETTE, GOSCHKA, STEIL, SCHWARZ and STILLE and referred

to the Committee on Judiciary.

A bill to amend 1945 PA 327, entitled

"Aeronautics code of the state of Michigan,"

by amending section 85 (MCL 259.85), as amended by 1996 PA 370,

and by adding section 85a.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1 Sec. 85. (1) A person shall not operate a flight school in

2 this state unless the person holds an annual license issued by

3 the commission.

4 (2) Upon receipt of an application and a $25.00 license fee

5 from a flight school, the commission shall review the qualifica-

6 tions of the applicant.

7 (3) Unless surrendered, suspended, or revoked prior to this

8 date, a flight school license expires 1 year from date of

9 issuance or upon the sale or transfer by the owner of property,

10 equipment, or franchise of the flight school.

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1 (4) The annual flight school license renewal fee is $10.00

2 and is payable from the original date of issuance. An applicant

3 shall file an initial application and pay the initial application

4 fee if a license is not renewed before expiration.

5 (5) A change in the name of the flight school, without

6 change in ownership, does not cause a current license to expire

7 if the owner of the flight school notifies the commission in

8 writing within 15 days of the change. Upon receipt of notifica-

9 tion under this subsection, the commission shall issue a license

10 under the new name, with the same expiration date as the license

11 previously issued.

12 (6) A flight school operating facilities at more than 1

13 aeronautical facility shall secure a license for each location.

14 (7) The flight school license shall be conspicuously posted

15 in the principal office of the flight school where it may be

16 readily observed.

17 (8) A flight school shall at all times conduct itself in

18 accordance with all applicable federal, state, and local laws and

19 statutes.

20 (9) A flight school shall be operated from an airport prop-

21 erly licensed by the commission.

22 (10) A flight school operator shall secure from the airport

23 manager a written agreement to operate commercially from the air-

24 port at which the flight school is based.

25 (11) Each flight school student shall be advised in writing

26 at the time of enrollment of the type and amount of insurance

27 coverage provided for each aircraft used by the flight school.

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1 (12) A flight school shall provide a suitable space of

2 permanent nature, properly heated, lighted, and ventilated to

3 accommodate flight school students and to house adequate equip-

4 ment necessary to properly conduct business matters and to pre-

5 pare and preserve business records. These facilities shall be at

6 the licensed airport site.

7 (13) Each aircraft to be used for purposes of flight

8 instruction at a flight school shall comply with all of the

9 following:

10 (a) The aircraft shall possess a valid airworthiness certif-

11 icate issued by the federal aviation administration.

12 (b) The aircraft shall be properly registered with the

13 commission.

14 (c) The aircraft shall have the equipment and performance

15 characteristics appropriate to the curriculum, and the airport to

16 be used.

17 (14) All aircraft used in any flight school operation shall

18 be operated in accordance with federal aviation administration

19 maintenance regulations and standards. Adequate records shall be

20 kept by the school to show that all required items of maintenance

21 have been performed. The maintenance status of each aircraft,

22 including discrepancies, shall be displayed by the school in a

23 manner adequate to determine compliance.

24 (15) A flight school shall have a flight instructor avail-

25 able to dispatch and supervise each student pilot solo flight.

26 (16) A flight school shall have a written curriculum

27 including lesson plans adequate to properly qualify the student

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1 to complete the particular course for the certificate or rating

2 sought. In addition, a flight school shall include lessons per-

3 taining to Michigan laws relating to aviation and this act.

4 (17) A flight school shall make available current texts and

5 reference material pertaining to the certificate or rating

6 sought.

7 (18) A flight school shall provide adequate instruction to

8 properly qualify a student completing its courses for the appro-

9 priate federal aviation administration examination covering the

10 grade of certificate or rating sought.

11 (19) A flight school shall maintain training records ade-

12 quate to show each student's progress and level of completion

13 relative to the course of instruction in which the student is

14 enrolled. These records shall be made available for inspection

15 by any authorized representative of the commission.

16 (20) A copy of the airport and flight school regulations

17 shall be made available to the students enrolled in the school

18 for information and guidance.

19 (21) A flight school shall designate a practice area.

20 (22) A flight school or its representatives and instructors

21 shall not make false claims of any kind pertaining to either

22 flight training or employment following flight training. Only a

23 licensed flight school may advertise flight instruction.

24 (23) A flight school accepting prepayment equal to or in

25 excess of $1,000.00 shall file with the commission a corporate

26 surety bond payable to the state of Michigan in the sum of

27 $5,000.00 conditioned on the faithful performance of all

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1 contracts and agreements with students made by the flight school,

2 or its agent. The aggregate liability for the surety for all

3 breaches of conditions of the bond shall not exceed the principal

4 sum of $5,000.00. The surety of any bond may cancel the bond

5 upon giving 60 days' notice in writing to the commission and the

6 flight school. If a bond is canceled as provided in this subsec-

7 tion, the surety shall be relieved of liability for any breach of

8 conditions occurring after the effective date of cancellation.

9 (24) BEGINNING THE EFFECTIVE DATE OF THE AMENDATORY ACT THAT

10 ADDED THIS SUBSECTION, A FLIGHT SCHOOL SHALL REQUEST FROM THE

11 CRIMINAL RECORDS DIVISION OF THE DEPARTMENT OF STATE POLICE A

12 CRIMINAL HISTORY CHECK AND CRIMINAL RECORDS CHECK THROUGH THE

13 FEDERAL BUREAU OF INVESTIGATION ON ANY APPLICANT FOR TRAINING AT

14 THE FLIGHT SCHOOL IN THE MANNER PROVIDED FOR UNDER SECTION 85A.

15 THE APPLICANT SHALL COOPERATE WITH THE FLIGHT SCHOOL IN COMPLET-

16 ING THE CRIMINAL HISTORY CHECK AND CRIMINAL RECORDS CHECK THROUGH

17 THE FEDERAL BUREAU OF INVESTIGATION. A FLIGHT SCHOOL SHALL NOT

18 ENROLL OR SHALL TERMINATE THE ENROLLMENT OF AN APPLICANT IF ANY

19 OF THE FOLLOWING OCCURRED TO THE APPLICANT WITHIN THE PRECEDING 7

20 YEARS:

21 (A) WAS CONVICTED OF A FELONY.

22 (B) WAS INCARCERATED FOR A FELONY CONVICTION.

23 (C) WAS ON PROBATION OR PAROLE FOR A FELONY CONVICTION.

24 (25) ~~(24)~~ The requirements for a flight school set out in

25 this section are conditions of the license. Failure to comply

26 with any of these requirements is grounds for revocation of a

27 flight school's license.

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1 (26) ~~(25)~~ A person who violates this section is guilty of

2 a misdemeanor, punishable by imprisonment for not more than 90

3 days, or a fine of not less than $100.00 or more than $500.00, or

4 both, together with costs of the prosecution.

5 SEC. 85A. (1) BEGINNING THE EFFECTIVE DATE OF THE AMENDA-

6 TORY ACT THAT ADDED THIS SECTION AND SUBJECT TO SUBSECTIONS (2)

7 AND (4), AS A CONDITION OF ENROLLMENT OF AN APPLICANT IN A FLIGHT

8 SCHOOL, THE FLIGHT SCHOOL SHALL REQUEST FROM THE CRIMINAL RECORDS

9 DIVISION OF THE DEPARTMENT OF STATE POLICE A CRIMINAL HISTORY

10 CHECK AND A CRIMINAL RECORDS CHECK THROUGH THE FEDERAL BUREAU OF

11 INVESTIGATION ON THE APPLICANT AND, BEFORE ENROLLING THE APPLI-

12 CANT, SHALL HAVE RECEIVED FROM THE DEPARTMENT OF STATE POLICE THE

13 REPORT DESCRIBED IN SUBSECTION (7). A FLIGHT SCHOOL SHALL

14 REQUIRE THE APPLICANT TO SUBMIT HIS OR HER FINGERPRINTS TO THE

15 DEPARTMENT OF STATE POLICE FOR THE CRIMINAL HISTORY AND CRIMINAL

16 RECORDS CHECKS. THE DEPARTMENT OF STATE POLICE MAY CHARGE A FEE

17 FOR THE CRIMINAL HISTORY CHECK AND THE CRIMINAL RECORDS CHECK.

18 (2) THE FLIGHT SCHOOL MAY ENROLL THE APPLICANT AS A CONDI-

19 TIONAL STUDENT UNDER THIS SUBSECTION WITHOUT FIRST RECEIVING THE

20 REPORT DESCRIBED IN SUBSECTION (7) IF ALL OF THE FOLLOWING

21 APPLY:

22 (A) THE FLIGHT SCHOOL REQUESTS THE CRIMINAL HISTORY AND

23 CRIMINAL RECORDS CHECK REQUIRED UNDER SUBSECTION (1) BEFORE CON-

24 DITIONALLY ENROLLING THE APPLICANT.

25 (B) THE APPLICANT SIGNS A STATEMENT THAT IDENTIFIES ALL

26 CRIMES FOR WHICH HE OR SHE HAS BEEN CONVICTED, IF ANY, AND

27 AGREEING THAT, IF THE REPORT DESCRIBED IN SUBSECTION (7) IS NOT

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1 THE SAME AS THE APPLICANT'S STATEMENT, HIS OR HER ENROLLMENT

2 CONTRACT IS VOID. IF THE STATEMENT OF CONVICTIONS INCLUDES ANY

3 OF THE CIRCUMSTANCES DESCRIBED IN SECTION 85(24), THE ENROLLMENT

4 CONTRACT IS VOID.

5 (3) IF AN APPLICANT IS ENROLLED AS A CONDITIONAL STUDENT

6 UNDER SUBSECTION (2) AND THE REPORT DESCRIBED IN SUBSECTION (7)

7 IS NOT THE SAME AS THE APPLICANT'S STATEMENT UNDER SUBSECTION

8 (2), THE FLIGHT SCHOOL SHALL VOID THE APPLICANT'S ENROLLMENT

9 CONTRACT. IF THE CONTRACT IS VOIDED UNDER THIS SUBSECTION, THE

10 APPLICANT'S ENROLLMENT IS TERMINATED AND THE FLIGHT SCHOOL IS NOT

11 LIABLE FOR THE TERMINATION OR ANY MONEY PAID TOWARDS ENROLLMENT.

12 (4) IF AN APPLICANT FOR ENROLLMENT IS BEING CONSIDERED FOR

13 ENROLLMENT BY MORE THAN 1 FLIGHT SCHOOL AND IF THE APPLICANT

14 AGREES IN WRITING TO ALLOW A FLIGHT SCHOOL TO SHARE THE REPORT