Legislatures in numerous states are considering various bans or limitation on the use of unmanned aerial vehicles (UAV) - drones - to conduct surveillance. Private investigators sometimes rely on drones to conduct surveillance, especially where close-up observation of individuals, vehicles or property would prove difficult or dangerous.
Lobbyit has compiled a review of these state bills - 15 altogether in 9 states (excluding North Carolina, which is further detailed below). As you will see from the list at the link, the vast majority of these bills are dead for now, as most state legislatures have adjourned for the year.
The list can be found here:
http://www.cqstatetrack.com/texis/statetrack/insession/viewrpt?report=53f37cbc41&sid=&Report.workflow=
Of particular note, however, is the State of Kentucky, where HB 12 has been pre-filed for the 2015 legislative session.
Despite having failed in the 2013-2014 legislative sessions in most states, one can expect that these bills will be re-introduced next year.
NCISS members should review this list to familiarize themselves with potential legislation in their state. NCISS and Lobbyit will then draft correspondence, to be placed in the advocacy hub, so NCISS members in the affected states can contact their state representatives about the importance of private investigators retaining the ability to employ drones in their work.
THE NEW NORTH CAROLINA LAW
On August 7, 2014, North Carolina Governor Pat McCrory signed into law NC Budget, SB744, otherwise known as "The Current Operations and Capital Improvements Appropriations Act of 2014). Buried on pages 227-231 of this legislation is the language of HB 1099, regulating the use of unmanned aircraft (drones). This legislation received no public hearing, and just two days prior to its inclusion in the budget, the main sponsor publicly stated that he thought the language had no chance of enactment.
This new law basically bans the use of drones for surveillance of private individuals, by private individuals.
The complete bill text (6 pages) can be found here:
http://ncleg.net/Sessions/2013/Bills/House/PDF/H1099v2.pdf
In pertinent part, the legislation states:
General Prohibitions. - Except as otherwise provided in this section, no person, entity, or State agency shall use an unmanned aircraft system to do any of the following:
(1) Conduct surveillance of:
a. A person or a dwelling occupied by a person and that dwelling's
curtilage without the person's consent.
b. Private real property without the consent of the owner, easement
holder, or lessee of the property.
(2) Photograph an individual, without the individual's consent, for the purpose of publishing or otherwise publicly disseminating the photograph. This subdivision shall not apply to newsgathering, newsworthy events, or events or places to which the general public is invited.
"Publishing" any such photographs make the violator subject to a civil action of up to $5,000 per image. While "publish" it not defined in the legislation, it typically denotes the transfer of an image from one person to another, not the actual act of openly publishing something in a newspaper, magazine, periodical, etc.
Criminal penalties are limited to the publishing of infrared or thermal imaging.
The new law also requires the State of NC Department of Transportation, Division of Aviation to establish a licensing and training regime for commercial operation of such unmanned aircraft, including inter alia the establishment of fees:
The Division shall develop and administer a program to license operators of unmanned aircraft systems for commercial purposes. The program must include the following components:
(1) A system for classifying unmanned aircraft systems based on characteristics determined to be appropriate by the Division.
(2) A fee structure for licenses.
(3) A license application process.
(4) Technical guidance for complying with program requirements.
(5) Criteria under which the Division may suspend or revoke a license.
(6) Criteria under which the Division may waive licensure requirements for applicants currently holding a valid license to operate unmanned aircraft systems issued by another state or territory of the United States, the District 8 of Columbia, or the United States.
(7) A designation of the geographic area within which a licensee shall be authorized to operate an unmanned aircraft system.
(8) Requirements pertaining to the collection, use, and retention of data by licensees obtained through the operation of unmanned aircraft systems, to be established in consultation with the State Chief Information Officer.
(9) Requirements for the marking of each unmanned aircraft system operated pursuant to a license issued under this section sufficient to permit identification of the owner of the system and the person licensed to operate it.
(10) A system for providing agencies that conduct other operations within regulated airspace with the identity and contact information of licensees and the geographic areas within which the licensee is permitted to operate an unmanned aircraft system.
(e) A person who operates an unmanned aircraft system for commercial purposes other than as permitted under this section shall be guilty of a Class 1 misdemeanor.
While the NC provision is now law, it is imperative that NCISS members keep an eagle eye on their state legislatures to help ensure that this situation does not repeat itself. At minimum, states should carve out private investigators in the same fashion that Federal law does in numerous instances.
