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28th Legislature(2013-2014)

Bill Text 28th Legislature

00                       CS FOR HOUSE BILL NO. 255(JUD)                                                                    
01 "An Act relating to unmanned aircraft systems; and relating to images captured by an                                    
02 unmanned aircraft system."                                                                                              
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1. AS 14.40 is amended by adding a new section to read:                                                  
05            Sec. 14.40.082. Unmanned aircraft system training. The University of                                       
06       Alaska may establish a training program in the operation of unmanned aircraft                                     
07       systems.                                                                                                          
08    * Sec. 2. AS 18.65 is amended by adding new sections to read:                                                      
09          Article 13. Law Enforcement Use of Unmanned Aircraft Systems.                                                
10            Sec. 18.65.900. Use of unmanned aircraft systems. Except as provided in                                    
11       AS 18.65.900 - 18.65.909, a law enforcement agency may not use an unmanned                                        
12       aircraft system.                                                                                                  
13            Sec. 18.65.901. Operational requirements for unmanned aircraft systems.                                    
14       (a) A law enforcement agency shall adopt procedures for the use of unmanned aircraft                              
01       systems. The procedures adopted under this section must require, at a minimum, that                               
02       the law enforcement agency                                                                                        
03                 (1)  obtain any authorization, permit, or certificate required by the                                   
04       Federal Aviation Administration to operate the unmanned aircraft system;                                          
05                 (2)  allow the unmanned aircraft system to be operated only by                                          
06       unmanned aircraft system pilots and crew members who have been trained and                                        
07       certified in the operation of the unmanned aircraft system and only under the                                     
08       supervision of officials trained in the policies and procedures governing the use of the                          
09       unmanned aircraft system;                                                                                         
10                 (3)  provide that the flight of an unmanned aircraft system be approved                                 
11       by the commissioner or deputy commissioner of public safety or the chief                                          
12       administrative officer of the law enforcement agency or the officer's designee;                                   
13                 (4)  ensure that the flight of an unmanned aircraft system be for a                                     
14       public purpose;                                                                                                   
15                 (5)  maintain a record of each flight, including the time, date, and                                    
16       purpose of the flight, and the identity of the authorizing official;                                              
17                 (6)  establish an auditable flight record system, including the                                         
18       documentation of a change in a flight time record;                                                                
19                 (7)  establish a method for notifying the public of the operation of an                                 
20       unmanned aircraft system, unless notifying the public would endanger the safety of a                              
21       person;                                                                                                           
22                 (8)  provide for community involvement in the development of the                                        
23       policies required in this section, including the consideration of public comment.                                 
24            (b)  In this section, "chief administrative officer" has the meaning given in                                
25       AS 18.65.290.                                                                                                     
26            Sec. 18.65.902. Use of an unmanned aircraft system by a law enforcement                                    
27       agency. A law enforcement agency may use an unmanned aircraft system                                            
28                 (1)  to gather evidence in a criminal investigation                                                     
29                      (A)  under the express terms of a search warrant issued by a                                       
30            court; or                                                                                                    
31                      (B)  in accordance with a judicially recognized exception to the                                   
01            warrant requirement; or                                                                                      
02                 (2)  in situations and for uses not involving a criminal investigation and                              
03       not intended to lead to the production of evidence for use in a criminal investigation, if                        
04       the use does not constitute an unwarranted invasion of personal privacy and is                                    
05       consistent with the procedures in AS 18.65.901.                                                                   
06            Sec. 18.65.903. Retention of images. (a) A law enforcement agency may not                                
07       retain images captured by an unmanned aircraft system unless retention of the image is                            
08       required                                                                                                          
09                 (1)  as part of an investigation or prosecution;                                                        
10                 (2)  for training purposes; or                                                                          
11                 (3)  by federal or state law or by municipal ordinance.                                                 
12            (b)  Images that may not be retained under (a) of this section are confidential                              
13       and are not public records under AS 40.25.100 - 40.25.295.                                                        
14            Sec. 18.65.909. Definitions. In AS 18.65.900 - 18.65.909,                                                  
15                 (1)  "law enforcement agency" has the meaning given in AS 12.36.090;                                    
16                 (2)  "unmanned aircraft system" means an unmanned aircraft that is                                      
17       operated without direct human intervention from inside or on the aircraft and includes                            
18       the associated support equipment, control station, data links, telemetry,                                         
19       communications, and navigation equipment necessary to operate the unmanned                                        
20       aircraft;                                                                                                         
21                 (3)  "unmanned aircraft system crew member" means a person other                                        
22       than an unmanned aircraft system pilot who is assigned to duties related to an                                    
23       unmanned aircraft system during flight;                                                                           
24                 (4)  "unmanned aircraft system pilot" means a person exercising control                                 
25       over an unmanned aircraft system during flight.                                                                   
26    * Sec. 3. AS 29.10.200 is amended by adding a new paragraph to read:                                               
27                 (63)  AS 29.35.146 (images captured by unmanned aircraft systems).                                      
28    * Sec. 4. AS 29.35 is amended by adding a new section to article 2 to read:                                        
29            Sec. 29.35.146. Regulation of unmanned aircraft systems. (a) A                                             
30       municipality may not adopt an ordinance that permits the release of images captured                               
31       by an unmanned aircraft system in a manner inconsistent with AS 18.65.903.                                        
01            (b)  In this section, "unmanned aircraft system" has the meaning given in                                    
02       AS 18.65.909.                                                                                                     
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