SB378 By Senator Orr RFD Transportation and Energy Rd 1 05-APR-16

SYNOPSIS: This bill would create the Alabama Unmanned Aircraft Systems Act to prohibit the use of an unmanned aircraft system to fly over certain designated manufacturing and commercial facilities without permission of the owner of the facility, to harass persons who are hunting and fishing, or to use the system to aid in hunting or fishing, would provide criminal penalties for violations, and would authorize injunctive relief.

This bill would provide criminal penalties for using an unmanned aircraft system to disrupt the operation of a manned flight or motor vehicles on roadways, would prohibit the sale, transport, manufacture, or possession of a system equipped with a weapon, or to interfere with law enforcement officers or certain emergency medical professionals.

This bill also would prohibit governmental agencies from using unmanned aircraft systems to gather evidence or other information, except under certain conditions, and would authorize the initiation of a civil action by persons injured by violations.

Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose.

The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment.

A BILL TO BE ENTITLED AN ACT

Relating to unmanned aircraft systems; to prohibit the use of an unmanned aircraft system to fly over certain designated facilities; to prohibit the use of an unmanned aircraft system to harass a person hunting or fishing or to aid in hunting or fishing; to provide criminal penalties; to authorize injunctive relief under certain conditions for violations; to provide for an award of damages for violations; to prohibit governmental agencies from using unmanned aircraft systems to gather evidence or other information; to provide exceptions; to authorize the initiation of a civil action by persons injured by violations; to provide rulemaking authority; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Section 1. This act shall be known and may be cited as the Unmanned Aircraft Systems Act.

Section 2. The Legislature finds and declares the following:

(1) That Unmanned Aircraft System (UAS) technology represents a great new frontier in research and development and a substantial economic opportunity.

(2) That UAS technology also raises substantial issues of privacy and safety that should be addressed in a reasonable and measured manner.

(3) That the Federal Aviation Administration regulates safety aspects of UAS operation in FAA controlled airspace.

(4) That state-based policies have been created by the UAS Council to provide reasonable and measured regulation of UAS use.

Section 3. For purposes of this act, the following words shall have the following meanings:

(1) DESIGNATED FACILITY. The following facilities:

a. Petroleum refineries.

b. Chemical and rubber manufacturing facilities.

c. Petroleum or chemical storage facilities.

d. Electric generation facilities, substations, switching stations, or control centers.

e. Rail yard facilities.

f. Commercial port and harbor facilities.

g. Drinking water treatment facilities.

(2) GOVERNMENT AGENCY. Any municipal, county, state, or federal agency the personnel of which have the power of arrest and the performance of a law enforcement function and any third-party unmanned aircraft system operator retained by any of the agencies above to act on the agencies' behalf. The term does not include public educational institutions or research institutions, except when an institution is utilizing a unmanned aircraft system in a law enforcement capacity.

(3) MANNED AIRCRAFT. An aircraft that is operated with a person in or on the aircraft.

(4) UNMANNED AIRCRAFT SYSTEM. An unmanned, powered aircraft that does not carry a human operator, can be autonomous or remotely piloted or operated, uses aerodynamic forces to provide vehicle lift, and can be expendable or recoverable. The term does not include a satellite orbiting the Earth.

(5) WEAPON. An object, device, or instrument which is designed to result in serious bodily injury or death or any replica, article, or device having the appearance of such an object, device, or instrument.

Section 4. (a)(1) Except as provided in subdivision (2), any of the following constitute unlawful use of an unmanned aircraft system:

a. The flight intentionally over a designated facility by an unmanned aircraft system without the prior written consent of the owner or operator of the designated facility.

b. The use of an unmanned aircraft system to intentionally conduct surveillance of, gather evidence or collect information about, or photographically or electronically record, a designated facility without the prior written consent of the owner or operator of the designated facility.

c. The intentional distribution, posting, or sharing of any kind of information, including audio, video, or photographic recordings, obtained through the unlawful use of an unmanned aircraft system without the prior written consent of the owner or operator of the designated facility.

d. The intentional harassment, as defined by Section 13A-11-8, Code of Alabama 1975, of a person, including a person who is hunting or fishing in compliance with the laws of this state.

e. The use of an unmanned aircraft system to aid or assist in fishing or hunting.

(2) This section does not apply to either of the following:

a. A third party retained by the owner of the property or the operator of a designated facility using an unmanned aircraft system to conduct activities prohibited in subdivision (1) on behalf of the owner or operator.

b. Governmental agencies.

(3) The unlawful surveillance as described in this act of an unmanned aircraft system also constitutes criminal eavesdropping or criminal surveillance under Section 13A-11-31 or 13A-11-32, Code of Alabama 1975.

(b)(1) A person who commits the crime of unlawful use of an unmanned aircraft system is guilty of a Class B misdemeanor for the first offense.

(2) On a conviction for a second or subsequent offense, the defendant is guilty of a Class A misdemeanor.

(3) It shall be an affirmative defense to a prosecution under subsection (a) if the person did either of the following:

a. Ensured the destruction or return of any and all images, audio, video, data, copies, information, compilations, reports, analyses, and any tangible and written expressions of any and all information obtained through the use of the unmanned aircraft system in the possession of the person and any representatives.

b. Stopped disclosing, displaying, distributing, or using the image as soon as the person knew the image was captured in violation of subsection (a).

Section 5. (a) The owner or operator of a designated facility aggrieved by the unlawful use of an unmanned aircraft system, as provided in subsection (a) of Section 3, may initiate a civil action against the offending party to obtain all appropriate relief in order to prevent, restrain, or compensate a violation of this section.

(b) In lieu of an award of actual damages, the owner or operator of a designated facility whose photograph, image or video of which was unlawfully taken may elect to recover five thousand dollars ($5,000) for each photograph, image, or video that is published or otherwise disseminated, as well as reasonable court costs, attorney's fees, or other injunctive relief as determined by the court.

Section 6. (a) A person who willfully damages, disrupts the operation of, or otherwise interferes with a manned aircraft through the use of an unmanned aircraft system, while the manned aircraft is taking off, landing, is in flight, or is otherwise in motion, is guilty of a Class C felony.

(b)(1) It shall be unlawful to engage in any of the following:

a. The sale, transport, manufacture, possession, or operation of an unmanned aircraft system that is equipped with a weapon.

b. Flying an unmanned aircraft system on or over a public street, road, or highway in this state, including any easement or-right-of way connected with a street, road, or highway in such a manner to knowingly and willfully interfere with, or cause a hazard to, a motorist.

c. The use of an unmanned aircraft system in such a manner to knowingly and willfully obstruct or hinder any law enforcement officer, firefighter, or park ranger in the lawful discharge of his or her official duties or to knowingly and willfully obstruct an emergency medical technician, emergency medical professional, or properly identified person working under the direction of an emergency medical professional in the lawful discharge of official duties.

d. The use of an unmanned aircraft to fly over a prison facility.

e. The use of an unmanned aircraft to commit a crime or to aid in the commission of a crime.

(2) A violation of this subsection is a Class A misdemeanor.

Section 7. (a) A government agency may not use an unmanned aircraft system to gather evidence or other information, except under any of the following circumstances:

(1) If the agency first obtains a search warrant signed by a judge authorizing the use of the unmanned aircraft system.

(2) If the agency possesses reasonable suspicion that, under particular circumstances, swift action is needed to:

a. Prevent imminent danger to life.

b. Forestall the imminent escape of a suspect.

c. Counter a high risk of a terrorist attack by a specific individual or organization if the United States Secretary of Homeland Security or the Secretary of the Alabama State Law Enforcement Agency determines that credible intelligence indicates that there is such a risk.

d. Counter or control fire, hazardous materials, or other natural or environmental disaster that threatens life or property.

(3) The use is for the purpose of conducting surveillance in an area that is within a law enforcement officer's plain view when the officer is in a location where he or she is legally authorized to be.

(4) The use is for the purpose of conducting surveillance of events or gatherings to which the general public is invited on public or private land.

(5) The use is for the provision of continuous aerial coverage when law enforcement is searching for a fugitive, escapee, or missing person, or is monitoring a hostage situation.

(6) The use is for the performance of search and rescue operations subsequent to a declared state of emergency or natural disaster.

(7) The use is for the documentation of a crime scene or accident scene.

(8) The use is for any purpose over government property or over private property with prior written consent.

(b) A person aggrieved by a violation of subsection (a) may initiate a civil action against the government agency in violation of subsection (a) to obtain all appropriate relief to prevent or remedy the violation.

(c) Evidence obtained or collected in violation of this section is not admissible as evidence in a criminal prosecution in any state court.

(d) Images collected in violation of this section may not be retained by the government agency.

Section 8. This act may not be construed to do the following:

(1) Prohibit possession or usage of an unmanned aircraft system that is authorized by federal law or regulation.

(2) Prohibit possession or usage of an unmanned aircraft system by the Alabama National Guard, the United States Armed Forces, or the United States Department of Defense for national defense purposes.

(3) Prohibit or restrict the use of an unmanned aircraft system, including to gather, collect, and record imagery and other information, by the owner or operator of a designated facility, or a person under contract with the owner or operator, as long as the use is in furtherance of the owner or operator's business operations, including, but not limited to the following:

a. The siting, construction, installation, operation, inspection, observance, testing, maintenance, repair, security, replacement, removal, and demolition of its facilities, structures, equipment, and other infrastructure.

b. Patrolling, inspecting, observing, surveying, mapping, maintaining, and securing its property, easements, and rights-of-way.

c. Storm damage assessment, restoration, and recovery.

Section 9. The Alabama Department of Transportation may adopt rules for the implementation and administration of this act.

Section 10. Although this bill would have as its purpose or effect the requirement of a new or increased expenditure of local funds, the bill is excluded from further requirements and application under Amendment 621 because the bill defines a new crime or amends the definition of an existing crime.

Section 11. This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.

Crimes and Offenses

Criminal Law and Procedure

Drones

Aircraft

Searches/Seizures

Transportation Department

Law Enforcement

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