HOUSE BILL NO. 4300

March 07, 2019, Introduced by Rep. Hoitenga and referred to the Committee on Communications and Technology.

"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.