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HB 4455

HB 4455

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Published by William Rushlow
Anti-drone legislation introduced by State Representative Tom McMillin in the State of Michigan.
Anti-drone legislation introduced by State Representative Tom McMillin in the State of Michigan.

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Published by: William Rushlow on Mar 21, 2013
Copyright:Attribution Non-commercial

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03/22/2013

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01688'13 TLG
   H   O   U   S   E   B   I   L   L   N  o .   4   4   5   5
 O U  S I   o. 5  5 
 
HOUSE BILL No. 4455
March 14, 2013, Introduced by Reps. McMillin, Goike, Yonker, Lyons, Howrylak,Somerville, Hooker, Cavanagh, Robinson, Lund, Heise, Lauwers, Singh, Hovey-Wright,Callton, Genetski and Franz and referred to the Committee on Criminal Justice.
 A bill to authorize and regulate the use of unmanned aerialvehicles; to provide the powers and duties of certain stateagencies and departments and local units of government; toauthorize the use of unmanned aerial vehicles under certaincircumstances; to prohibit the operation of unmanned aerialvehicles under certain circumstances; to prohibit the disclosure ofinformation collected by unmanned aerial vehicles under certaincircumstances; and to provide penalties and sanctions.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. As used in this act:
1
(a) "Agent of this state or a political subdivision of this
2
state" means this state or local unit of government, including, but
3
 
 201688'13 TLGnot limited to, a law enforcement agency or any other investigative
1
entity, agency, department, division, bureau, board, or commission,
2
or an individual acting or purporting to act for or on behalf of
3
this state or local unit of government.
4
(b) "Law enforcement agency" means 1 or more of the following:
5
(
i
) The department of state police.
6
(
ii
) The department of natural resources.
7
(
iii
) The county sheriff department.
8
(
iv
) The police department of a local unit of government or of
9
a community college, college, or university.
10
(c) "Local unit of government" means 1 or more of the
11
following:
12
(
i
) A city, county, township, or village.
13
(
ii
) A public school, as that term is defined in section 5 of
14
the revised school code, 1976 PA 451, MCL 380.5.
15
(
iii
) A school district, as that term is defined in section 6 of
16
the revised school code, 1976 PA 451, MCL 380.6.
17
(d) "
 
Unmanned aerial vehicle" or "UAV" means an aircraft that
18
is operated without the possibility of direct human intervention
19
from within or on the aircraft.
20
Sec. 3. (1) An unmanned aerial vehicle shall only be used as
21
provided in this act.
22
(2) A person who uses an unmanned aerial vehicle shall comply
23
with all federal aviation administration requirements and
24
guidelines. This state or a local unit of government shall not
25
acquire an unmanned aerial vehicle until the legislature or the
26
legislative body of the local unit of government seeking to acquire
27
 
 301688'13 TLGan unmanned aerial vehicle first approves its acquisition.
1
(3) Except as provided in section 5, a law enforcement agency
2
of this state or a political subdivision of this state shall not
3
disclose or receive information acquired through the operation of
4
an unmanned aerial vehicle.
5
(4) A person shall not operate a UAV that contains, mounts, or
6
carries a lethal or nonlethal weapon or weapon system of any type.
7
(5) The body of a UAV shall bear the name of the political
8
entity that owns the UAV in clearly printed and visible lettering.
9
Sec. 5. Information about a person acquired through the
10
operation of an unmanned aerial vehicle shall not be disclosed or
11
received unless 1 or more of the following circumstances apply:
12
(a) The person has given written consent to the disclosure.
13
(b) The unmanned aerial vehicle is used in circumstances in
14
which it is reasonable to believe that there is an imminent threat
15
to the life or safety of a person, for the purpose of assisting the
16
person if the following conditions are met:
17
(
i
) The request to use an unmanned aerial vehicle for emergency
18
purposes under this subdivision contains documentation establishing
19
the factual basis for the emergency.
20
(
ii
) Not later than 48 hours after an agent of this state or a
21
political subdivision of this state begins operating an unmanned
22
aerial vehicle, a supervisory official files a sworn statement
23
setting forth the grounds for the emergency access.
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(c) Pursuant to a search warrant issued under 1966 PA 189, MCL
25
780.651 to 780.659, to collect information from private property.
26
(d) Pursuant to an order issued by a court of competent
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