Bill Text: MI HB4300 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Aeronautics; unmanned aircraft systems; use of unmanned aircraft systems in department of natural resources investigations; prohibit, except in certain circumstances. Amends 2016 PA 436 (MCL 259.301 - 259.331) by adding sec. 7a.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-03-12 - Bill Electronically Reproduced 03/07/2019 [HB4300 Detail]
Download: Michigan-2019-HB4300-Introduced.html
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.
