Tue, Aug 05, 2003
Governor Signs New, AOPA-Supported Security Bill
From this moment forward, no one
seeking flight instruction in Michigan will have to subject
themselves to a criminal background check. Governor Jennifer
Granholm has signed an AOPA-supported bill repealing that state's
background check law.
"AOPA was pleased to work with State Rep. Stephen Ehardt (R-83rd
Dist.) to make this happen," said AOPA President Phil Boyer. "Rep.
Ehardt crafted a bill that addresses the state's legitimate
security concerns without preempting federal authority or placing
undue burden on pilots and student pilots."
The new Michigan law takes effect immediately upon the
governor's signature. It repeals the criminal background check
requirement and substitutes a number of common-sense security
requirements for flight schools. Those requirements include
procedures to identify a student pilot or renter, controlling
aircraft keys, and displaying signs requesting pilots to report
suspicious activities.
Last year, the Michigan legislature passed a
law requiring any student pilot or pilot seeking a new rating or
certificate in the state to submit to being fingerprinted and
obtain a criminal background check. AOPA had vigorously opposed the
law.
AOPA then filed suit against
the State of Michigan in federal court, arguing that the state's
law mandating criminal background checks was unconstitutional
because it violated the supremacy clause (Article 6, paragraph
2).
Both the FAA and the Transportation Security Administration
submitted letters to the court supporting AOPA's position that only
the federal government can regulate airman certification.
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