New Michigan Law re: Flight Training

[Lindy]

Wanted to pass this along.

Unfortunately, I'm not sure if other states have followed suit.

Legality? If the Federal Government hasn't spoken on the issue, a state can enact and enforce regulations regarding Interstate Commerce. CSX v. Easterwood is the leading discussion regarding local laws versus federal preemption, for anyone interested.


MICHIGAN ACT NO. 318, PUBLIC ACTS OF 2002


This new Michigan law requires felony background checks for
flight school students and pilots seeking new ratings. The law is effective
as of May 1, 2002.

The law provides "as a condition of enrollment of an
applicant in a flight school, the flight school shall request from the
Criminal Records Division of the Department of State Police a criminal
history check and criminal records check through the Federal Bureau of
Investigation on the applicant and, before enrolling the applicant, shall
have received from the Department of State Police a report described above."

The Act further provides that the criminal history record
information received from the Criminal Records Division of the Department of
State Police shall be used by the flight school only for the purpose of
evaluating an applicant's qualifications for enrollment in the position for
which he or she has applied.

This law obviously has implications for all pilots, flight
schools and instructors.

 

[aero99]

I would be curious to know who is picking up the tab, the student, flight school, state or combo.

The law states as you have it that the school is responsible for requesting the background check and police records, but are they paying for?

Secondly, do flight schools have the authority to make this determination and if so what are the "boundaries" for which one would not be accepted? I remember hearing about this right after 911 and maybe I missed something else that was passed to make this legal and give flight schools the power to accept or deny. ??

Looks very incomplete to be implemented to me.

States that have background checks and criminal checks prior to purchasing guns that I know of are requrired to submit the paperwork to the state who says ya or na, not the gun store.

Sure wouldn't want to own a flight school in Michigan.

 

[LearAv8r]

I have been trying to find out more about this this week. This is a relatively new thing.

The FBI background checks are now required for every FAR 135 and 121 carrier. As to what is entailed is what I am trying to figure out. I can't seem to get a solid answer from the FBI or the FAA on this one. I also think the new TSA is in charge of this or has something to do with this.


Just when you think you know what you are up against.....

basically any ticket that you have had in the past that might have dropped off the state record will POSSIBLY show up on the FBI check!!!

who knows how this is going to affect backround checks.....

goodluck
LearAv8r-

 

[bobbysamd]

Michigan law

I'm not sure who they're going after with this law.

The last part of the statute appears to give the schools very broad authority to deny one's app for flight training. E.g, "evaluating an applicant's qualifications for enrollment in the position for which he or she has applied." What do evaluating and qualifications mean?

This law isn't drafted especially well, in my .02 opinion.

 

[Lindy]

Full Text

Act No. 318

Public Acts of 2002

Approved by the Governor

May 22, 2002

Filed with the Secretary of State

May 22, 2002

EFFECTIVE DATE: May 22, 2002

STATE OF MICHIGAN

91ST LEGISLATURE

REGULAR SESSION OF 2002

Introduced by Senators Gougeon, Shugars, Bullard, Johnson, McManus, Sikkema, Hammerstrom, North, Garcia, Sanborn, Schuette, Goschka, Steil, Schwarz, Stille, Hoffman, Byrum, Leland and McCotter

ENROLLED SENATE BILL No. 934

AN ACT to amend 1945 PA 327, entitled "An act relating to aeronautics in this state; providing for the development and regulation thereof; creating a state aeronautics commission; prescribing powers and duties; providing for the licensing, or registration, or supervision and control of all aircraft, airports and landing fields, schools of aviation, flying clubs, airmen, aviation instructors, airport managers, manufacturers, dealers, and commercial operation in intrastate commerce; providing for rules pertaining thereto; prescribing a privilege tax for the use of the aeronautical facilities on the lands and waters of this state; providing for the acquisition, development, and operation of airports, landing fields, and other aeronautical facilities by the state, by political subdivisions, or by public airport authorities; providing for the incorporation of public airport authorities and providing for the powers, duties, and obligations of public airport authorities; providing for the transfer of airport management to public airport authorities, including the transfer of airport liabilities, employees, and operational jurisdiction; providing jurisdiction of crimes, torts, and contracts; providing police powers for those entrusted to enforce this act; providing for civil liability of owners, operators, and others; making hunting from aircraft unlawful; providing for repair station operators lien; providing for appeals from rules or orders issued by the commission; providing for the transfer from the Michigan board of aeronautics to the aeronautics commission all properties and funds held by the board of aeronautics; providing for a state aeronautics fund and making an appropriation therefor; prescribing penalties; and making uniform the law with reference to state development and regulation of aeronautics," (MCL 259.1 to 259.208) by adding section 85a.

The People of the State of Michigan enact:

Sec. 85a. (1) Beginning the effective date of the amendatory act that added this section and subject to subsections (2) and (4), as a condition of enrollment of an applicant in a flight school, the flight school shall request from the criminal records division of the department of state police a criminal history check and a criminal records check through the federal bureau of investigation on the applicant and, before enrolling the applicant, shall have received from the department of state police the report described in subsection (7). A flight school shall require the applicant to submit his or her fingerprints to the department of state police for the criminal history and criminal records checks. The flight school may charge the flight school applicant a fee for the criminal history check and the criminal records check. The department of state police may charge a fee for the criminal history check and the criminal records check.

(2) The flight school may enroll the applicant as a conditional student under this subsection without first receiving the report described in subsection (7) if all of the following apply:

(a) The flight school requests the criminal history and criminal records checks required under subsection (1) before conditionally enrolling the applicant.

(b) The applicant signs a statement that identifies all crimes for which he or she has been convicted, if any, and agreeing that, if the report described in subsection (7) is not the same as the applicant's statement, his or her enrollment contract is void. If the statement of convictions includes any of the circumstances described in section 85(24), the enrollment contract is void.

(3) If an applicant is enrolled as a conditional student under subsection (2) and the report described in subsection (7) is not the same as the applicant's statement under subsection (2), the flight school shall void the applicant's enrollment contract. If the contract is voided under this subsection, the applicant's enrollment is terminated and the flight school is not liable for the termination or any money paid toward enrollment.

(4) If an applicant for enrollment is being considered for enrollment by more than 1 flight school and if the applicant agrees in writing to allow a flight school to share the report described in subsection (7) with another flight school, the flight school may satisfy the requirements of subsection (1) by obtaining a copy of the report described in subsection (7) from another flight school.

(5) An applicant described in subsection (1) shall give written consent at the time of application for the criminal records division of the department of state police to conduct the criminal history and criminal records check required under this section.

(6) A flight school shall make a request to the criminal records division of the department of state police for a criminal history and criminal records check required under this section on a form and in a manner prescribed by the criminal records division of the department of state police.

(7) Within 30 days after receiving a proper request by a flight school for a criminal history and criminal records check on an applicant under this section, the criminal records division of the department of state police shall conduct and initiate the criminal history and criminal records check and, after conducting the criminal history and criminal records check and within that time period, provide a report of the results of the criminal history and criminal records check to the flight school. The report shall contain any criminal history record information on the applicant maintained by the criminal records division of the department of state police and include information regarding the criminal records check of the records of the federal bureau of investigation.

(8) Criminal history record information received from the criminal records division of the department of state police under subsection (7) shall be used by a flight school only for the purpose of evaluating an applicant's qualifications for enrollment in the position for which he or she has applied and for the purposes of subsection (3). A flight school shall not disclose the report or its contents to any person who is not directly involved in evaluating the applicant's qualifications for enrollment. However, for the purposes of subsection (4), a person described in this subsection may provide a copy of the report under subsection (7) concerning the individual to an appropriate representative of another flight school. A person who violates this subsection is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $500.00, or both.

(9) As used in this section, "criminal history record information" means that term as defined in section 1a of 1925 PA289, MCL 28.241a.

Enacting section 1. This amendatory act takes effect May 1, 2002.

Enacting section 2. This amendatory act does not take effect unless Senate Bill No. 1006 of the 91st Legislature is enacted into law.


This act is ordered to take immediate effect.

Secretary of the Senate.

Clerk of the House of Representatives.

Approved

Governor.




FYI: Michigan is a very active Aeronautics Commission and has several laws enacted by the State Senate which are quite interesting, i.e., flying w/o your license on a 2nd or 3rd offense is a criminal activity.

 

[bobbysamd]

I still don't get it .......



I don't like this law. I see some 14th Amendment problems in terms of this law legislating discrimination against a particular class of people.

The way I read it, the state wants to use a person's criminal record, or lack thereof, to determine if he/she may start flight training. This is not good public policy. Just as I said above; to evaluate qualifications. What exactly does that mean? Sounds pretty subjective.

What if someone who made a misdeameanor mistake years ago just wants to learn how to fly for fun? I don't quite understand the intent of this law. To prevent felons ab initio from being professional pilots? They should not be barred from attending training. Let them go to school. Their employers can decide if such individuals are fit to work for their companies. LearAv8r pointed out that 121 and 135 operators must run their applicants through FBI background checks.

Now, if the intent is to slam the door on terrorists who are seeking flight training in Michigan, this law is barking up the wrong tree. Ferreting out and booting out terrorist flight trainees is an INS, FBI, CIA and Homeland Security Department problem, not a flight school admissions problem.

 

[SDF2BUF2MCO]

Sounds like yet another attempt by our government to exercise more control over its citizens. Got to keep those law abiding, peace loving citizens in line. Apologize for the rant. It is frustrating the innocent are paying the price for the criminals. The politicians continue to ignore the fact that criminals will not comply with any laws and will find a way around it (like the way politicians do themselves!). The only people who will obey this are the law abiding folks who have no intentions of committing any crimes in the first place.

 

[aero99]

bobby quoted:
"Ferreting out and booting out terrorist flight trainees is an INS, FBI, CIA and Homeland Security Department problem, not a flight school admissions problem."

Couldn't agree more bobby. If the INS, FBI, CIA and Homeland Security are doing their jobs, flight schools won't have to be the scape goat when a terrorist (not criminal) does get in training.

SO, if terrorist want to send someone to flightschool, they can a man who doesn't have any criminal past and your in. Great law, covers nothing. Keeps out criminals not terrorist.

And flightschool's and FBO's didn't think it could get any harder to make a buck.

 

[ifly4food]

All this, besides the fact that NONE of the 9/11 terrorists had a criminal history nor were on any terrorist watch lists. Thes background checks would have been useless.

All this law does is appease the misguided, hysterical general public that are demanding the politicians "do something".

This act won't stand up to the first court challenge it is sure to recieve.

 

[alimaui]

I have been trying to find out more about this this week. This is a relatively new thing.

Just when you think you know what you are up against.....

basically any ticket that you have had in the past that might have dropped off the state record will POSSIBLY show up on the FBI check!!!

who knows how this is going to affect backround checks.....

goodluck
LearAv8r-

Just an FYI an FBI criminal background check will include your criminal history, not your driving record.

Ali