State laws In the absence of any federal laws on the matter, as of August 2015, there have been at least 30 States that have enacted laws directly relating to UAS, beginning in 2013 and continuing through 2015, according to the National Conference of State Legislators (NCSL) (2015a, b, c).
Alabama adopted, in 2013, House Resolution (HR) 381, to recognize the benefits of a thriving UAS industry in their state (NCSL, 2015a).
Alaska adopted House Concurrent Resolution (HCR) 6 that created a legislative Task Force on UAS that was charged with creating written recommendations and legislation that allows for UAS to be used in a way that protects privacy. In addition to members of the legislature, the task force was to be comprised of representatives from state agencies, aviation organizations, and academia. Alaska also enacted House Bill (HB) 255 that requires law enforcement agencies to adopt procedures that ensure: (1) the appropriate FAA flight authorization is obtained; (2) UAS operators are trained and certified; (3) a record of all flights is kept and (4) there is an opportunity for community involvement in the development of the agencies’ procedures. Under Alaska law, police may use UAS pursuant to a search warrant, pursuant to a judicially recognized exception to the warrant requirement, and in situations not involving a criminal investigation. Additionally, images captured with UAS may be retained by police under the law for training purposes or if it is required as part of an investigation or prosecution. This law also authorizes the University of Alaska to develop a training program for operating UAS. The state senate also adopted a resolution, HCR15, to extend the operating time and expand the duties of the state UAS task force (NCSL, 2015b).
Arkansas HB1349 prohibits the use of UAS to commit voyeurism. HB1770 prohibits the use of UAS to collect information, or photographically or electronically record information, about critical infrastructure without consent (NCSL, 2015c).
California adopted in 2013, Assembly Joint Resolution (AJR) 6 and Senate Concurrent Resolution (SCR) 16, to recognize the benefits of a thriving UAS industry in their state (NCSL, 2015a).
Florida Senate Bill (SB) 92 defined a UAS and limited its use by law enforcement. Under this legislation, law enforcement may use a UAS if they obtain a warrant, there is a terrorist threat, or “swift action” is needed to prevent loss of life, or to search for a missing person. Additionally, the law enables someone harmed by an inappropriate use of UAS to pursue civil remedies and prevents evidence gathered in violation of this code from being admitted in any Florida court (NCSL, 2015a). SB766 prohibits the use of a UAS to capture an image of privately owned property or the owner, tenant, or occupant of such property without consent if a reasonable expectation of privacy exists (NCSL, 2015c). Georgia adopted in 2013, HR80, HR81, and SR172 to recognize the benefits of a thriving UAS industry in their state (NCSL, 2015a).
Hawaii SB661 created a chief operating officer position for the Hawaii UAS test site. It also established a UAS test site advisory board to plan and oversee test site development and appropriate funds to establish the test site (NCSL, 2015c).
Idaho adopted in 2013, SCR103 to recognize the benefits of a thriving UAS industry in their state (NCSL, 2015a). Idaho also enacted SB1134 to define UAS and require warrants for their use by law enforcement, as well as establish guidelines for their use by private citizens and provide civil penalties for damages caused by improper use (NCSL, 2015a).
Illinois enacted two laws in 2013, both of which define a UAS as any aerial vehicle that does not carry a human operator. The first, HB1652, prohibits anyone from using a UAS to interfere with hunters or fishermen. The second, SB1587, allows UAS to be used by law enforcement with a warrant, to counter a terrorist attack, to prevent harm to life, or to prevent the imminent escape of a suspect among other situations. Furthermore, if a law enforcement agency uses a UAS, the agency must destroy all information gathered by the UAS within 30 days, except that a supervisor at the law enforcement agency may retain particular information if there is reasonable suspicion it contains evidence of criminal activity. The law also requires the Illinois Criminal Justice Information Authority (CJIA) to report on its website every law enforcement agency that owns a UAS and the number they own. Each law enforcement agency is responsible for giving this information to the CJIA in Illinois (NCSL, 2015a). In 2014, Illinois enacted SB2937 creating regulations for how law enforcement could obtain and use information gathered from a private party’s use of UAS. This law requires police to follow warrant protocols to compel third parties to share information, and if the information is voluntarily given to police, COLUMN