SENATE BILL No. 1233

 

 

November 28, 2018, Introduced by Senator MACGREGOR and referred to the Committee on Transportation.

 

 

 

     A bill to amend 2016 PA 436, entitled

 

"Unmanned aircraft systems act,"

 

(MCL 259.301 to 259.331) by adding section 7.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 7. (1) A department, agency, board, or commission of this

 

state or a person under a contract with or acting at the direction

 

or on behalf of a department, agency, board, or commission of this

 

state shall not use an unmanned aircraft system to surveil,

 

inspect, or gather evidence or collect information about a facility

 

that is operated under a license or permit issued by that

 

department, agency, board, or commission unless any of the

 

following apply:

 

     (a) The operator of the facility has given express consent for

 

the particular unmanned aircraft system operation.

 

     (b) The department, agency, board, commission, or person is

 

acting under a valid search warrant.

 

     (c) The department, agency, board, or commission has reason to

 

believe that there may be an imminent threat to public health,

 

safety, welfare, property, or the natural resources of the state

 

from the facility.

 

     (2) An unmanned aircraft system that is used as described in

 

subsection (1) must be clearly marked as a state-owned or operated

 

aircraft.

 

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

 

geospatial data collected by the operation of an unmanned aircraft

 

system concerning a facility that is operated under a license or

 

permit issued by a department, agency, board, or commission of this

 

state shall be furnished promptly to the facility's operator upon

 

request and shall not be subject to disclosure under the freedom of

 

information act, 1976 PA 442, MCL 15.231 to 15.246.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.