HOUSE BILL No. 4300

 

 

March 7, 2019, Introduced by Rep. Hoitenga and referred to the Committee on Communications and Technology.

 

     A bill to amend 2016 PA 436, entitled

 

"Unmanned aircraft systems act,"

 

(MCL 259.301 to 259.331) by adding section 7a.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 7a. (1) The department of natural resources or a person

 

under a contract with or acting at the direction or on behalf of

 

that department shall not use an unmanned aircraft system to

 

surveil, inspect, or gather evidence or collect information about

 

privately owned property in this state unless any of the following

 

apply:

 

     (a) The owner of the property has given express consent for

 

the use of an unmanned aircraft system for the purposes described

 


in this subsection in a particular instance.

 

     (b) The department is acting under a valid search warrant and

 

the use of the unmanned aircraft system is strictly limited to the

 

subject matter and scope of that warrant.

 

     (c) The department has reason to believe that there may be an

 

imminent threat to public health, safety, property, or the natural

 

resources of the state arising from the property and the use of the

 

unmanned aircraft system is strictly limited to the investigation

 

of that imminent threat.

 

     (d) The department is inspecting a roadway, highway, airport,

 

airport approach corridor, port, or similar infrastructure.

 

     (2) If an unmanned aircraft system is used as described in

 

subsection (1), the department must clearly mark the aircraft as a

 

department-owned or -operated aircraft unless it is an unmanned

 

aircraft system operated in accordance with subsection (3).

 

     (3) For any use that is governed by subsection (1)(a), both of

 

the following apply:

 

     (a) Subject to subdivision (b), the consent of the property

 

owner may be conditioned on the use of an unmanned aircraft system

 

that is owned and operated by the property owner if the aircraft is

 

operated under, and in compliance with, Federal Aviation

 

Administration regulations, authorizations, or exemptions. The

 

department or person under contract with or acting at the direction

 

or on behalf of the department shall allow, under its direct

 

supervision, the use of the unmanned aircraft system by the

 

property owner to conduct the surveillance, inspection, evidence

 

gathering, or information collecting under this section, if doing


so will gather information of a quality and nature sufficient for

 

the intended purpose of the surveillance, inspection, evidence

 

gathering, or information collection.

 

     (b) If the property owner provides consent on the condition

 

described in subdivision (a), or if the property owner withholds

 

consent, the owner shall provide to the department a statement, in

 

writing, that indicates the health and safety reasons for providing

 

consent on the condition described in subdivision (a) or

 

withholding consent.

 

     (4) Any surveillance, inspection, evidence gathering, or

 

information collecting conducted under subsection (1)(c) shall be

 

under the direct supervision of the department of natural

 

resources.

 

     (5) Any data, including videos, photographic images, or

 

geospatial data, collected by the operation of an unmanned aircraft

 

system by the department of natural resources concerning privately

 

owned property in this state shall be furnished promptly to the

 

property owner upon request and shall be rebuttably presumed to be

 

not subject to disclosure under the freedom of information act,

 

1976 PA 442, MCL 15.231 to 15.246.