State Drone Law


Louisiana Drone Laws (2017)

NOTICE: This page is for informational purposes only and does not provide legal advice!  The information may also not be complete. The laws are constantly changing. It might NOT be up to date. 

Traveling? Click here to see other US drone laws by state.

 Current as of February 21, 2017

LA Revised Statutes 3:41 Definitions
For the purposes of this Chapter, the following definitions shall apply:

(1) “Agricultural commercial operation” means the use of any agricultural facility or agricultural land for agricultural production or agricultural processing and includes the production and processing of crops or products, livestock or livestock products, farm-raised fish and fish products, wood, timber or forest products, fowl and plants for breeding or sale, and poultry or poultry products for commercial or industrial purposes. “Agricultural commercial operation” also includes the use of farm machinery, equipment, devices, chemicals, products for agricultural use, materials, and structures designed for agricultural use and used in accordance with traditional farm practices.
(2) “Aircraft” means an unmanned aircraft operated as a part of an unmanned aerial system.
(3) “Commissioner” means the Louisiana commissioner of agriculture and forestry.
(4) “Data” means any information, pictures, images, samples, or other such information obtained through an unmanned aerial system.
(5) “Department” means the Louisiana Department of Agriculture and Forestry.
(6) “Unmanned aerial system” means an unmanned aircraft and all associated support equipment, control station, data links, telemetry, communications, and navigation equipment necessary to operate the unmanned aircraft. Such system may include drones, remote-controlled aircraft, unmanned aircraft, or any other such aircraft that is controlled autonomously by computer or remote control from the ground.

 

LA Revised Statutes 3:42. Powers of the commissioner

A. The commissioner shall adopt rules and regulations to implement the provisions of this Chapter, including but not limited to rules and regulations governing the registration of unmanned aerial systems used in the course of agricultural commercial operations. All rules and regulations shall be adopted in accordance with the Administrative Procedure Act.
B. The commissioner shall administer and enforce the provisions of this Chapter and the rules and regulations adopted pursuant to the provisions of this Chapter.
C. The commissioner may appoint committees to advise on the implementation of the provisions of this Chapter. The appointed committees shall include public universities holding certificates of authorization from the Federal Aviation Administration as well as other active university research programs.

 

LA Revised Statutes 3:43. Licenses and registration

A. Each person operating an unmanned aerial system in the course of an agricultural commercial operation shall obtain a license from the department, which shall be issued upon the applicant meeting the following requirements:

(1) Applicants shall submit a written application to the department as provided by the commissioner by rule.
(2) Prior to applying for a license, each applicant shall complete an agricultural education and safety training course administered by the Louisiana Cooperative Extension Service or the Southern University Agricultural Research and Extension Center and comply with any other licensing requirements established by the commissioner by rule.

B. Each unmanned aerial system operated in the course of an agricultural commercial operation shall be registered with the department.
C. Licenses and registrations shall be valid for three years and may be renewed for additional three-year periods in accordance with rules adopted by the commissioner.

 

LA Revised Statutes 3:44. Unmanned aerial systems; operation

A. Unmanned aerial systems may operate in agricultural commercial operations in accordance with this Chapter and the rules and regulations established by the commissioner, except as prohibited by federal law.
B.(1) Private landowners engaged in agricultural commercial operations on their private property may use unmanned aerial systems within the geographical confines of their property.

(1) Private landowners engaged in agricultural commercial operations on their private property may use unmanned aerial systems within the geographical confines of their property.
(2) Producers, tenants, lessees, university researchers, or other contracted or hired personnel working on private property who are engaged in agricultural commercial operations may use unmanned aerial systems within the geographical confines of the property, only with written permission of the landowner or entity controlling the agricultural commercial use of the property.
(3) Data obtained through the use of an unmanned aerial system shall be used solely in the course of conducting a generally accepted agricultural commercial operation, or in conjunction with an agricultural research, extension program, or initiative conducted by a Louisiana public postsecondary educational institution.
(4) All data obtained through the use of an unmanned aerial system shall remain the property of the legal owner of the property where the data was collected, unless written approval is given by the property owner for other uses. Public universities conducting agricultural research may negotiate with the legal owner of the property for the terms of use or shared ownership of the data.

LA Revised Statutes 3:45. Violations
Violations of this Part shall include but shall not be limited to the following:

(1) The failure or refusal to obtain an unmanned aerial system license in accordance with R.S. 3:43.
(2) The failure or refusal to register an unmanned aerial system operated in the course of an agricultural commercial operation in accordance with R.S. 3:43.
(3) Any violation of this Chapter or of any rule or regulation adopted pursuant to the provisions of this Chapter.
(4) Any interference with the commissioner and the department or its representatives in the performance of their duties as prescribed in this Chapter.
(5) Failure to timely pay any penalties or costs due pursuant to the provisions of this Chapter or any rule or regulation of the commissioner adopted pursuant to this Chapter.

LA Revised Statutes 3:46. Stop orders

A. When the commissioner has reason to believe that a violation has occurred, the commissioner may issue a stop order prohibiting the continued use of an unmanned aerial system.
B. Any violation of a stop order shall constitute a separate violation.
C. A stop order may be released by the commissioner upon a determination by the commissioner that the cause for issuing the stop order has been remedied.
D. Any person aggrieved by a stop order may petition the commissioner for a hearing to contest the validity of the stop order by making a written request within five calendar days after issuance of the stop order. The hearing shall be held within ten calendar days of receipt of the written request for a hearing. The commissioner may appoint a hearing officer to preside over the matter. The commissioner shall issue a ruling in the matter. The hearing and any subsequent appeal shall be held in accordance with the provisions of the Administrative Procedure Act.
E. Based upon the results of the hearing, or a consent agreement, the commissioner may take one or more of the following actions:

(1) Release the stop order.
(2) Require the cause for the stop order to be remedied prior to releasing the stop order.
(3) Amend the stop order.

LA Revised Statutes 3:47. Penalties

A. If the commissioner determines that a violation of the provisions of this Chapter or of the rules and regulations adopted pursuant to the provisions of this Chapter has occurred, an adjudicatory hearing shall be held to make a determination with respect to the suspected violation.
B. The commissioner shall give written notice to the alleged violator, which shall comply with the requirements of the Administrative Procedure Act, at least five days prior to the date set for such adjudicatory hearing.
C. The commissioner shall designate a hearing officer to preside at all adjudicatory proceedings.
D. At any such adjudicatory hearing, the alleged violator shall be accorded all of the rights set forth in the Administrative Procedure Act.
E. Whenever the commissioner makes a determination from the proceedings of the adjudicatory hearing that a violation of this Chapter or these regulations has occurred, the commissioner may impose a civil penalty not to exceed five hundred dollars for each violation. Civil penalties shall be imposed only on the basis of an adjudication of violations pursuant to an adjudicatory hearing held in accordance with the Administrative Procedure Act.
F. Each separate day on which a violation occurs shall be considered a separate violation.

LA Revised Statutes 3:48. Fees

A. The commissioner shall establish, by rule in accordance with the Administrative Procedure Act, a registration fee for each unmanned aerial system in an amount not to exceed one hundred dollars.
B. The commissioner shall establish, by rule in accordance with the Administrative Procedure Act, an agricultural education and safety training course fee payable to the Louisiana State University Agricultural Center or the Southern University Agricultural Research and Extension Center, not to exceed fifty dollars for conducting the agricultural education and safety training course as required by R.S. 3:43(A)(2).

LA Revised Statutes 14:63. Criminal trespass

A. No person shall enter any structure, watercraft, or movable owned by another without express, legal, or implied authorization.
B.(1) No person shall enter upon immovable property owned by another without

(1) No person shall enter upon immovable property owned by another without express, legal, or implied authorization.
(2) For purposes of this Subsection, the phrase “enter upon immovable property” as used in this Subsection, in addition to its common meaning, signification, and connotation, shall include the operation of an unmanned aircraft system as defined by R.S. 14:337 in the air space over immovable property owned by another with the intent to conduct surveillance of the property or of any individual lawfully on the property.
(3) The provisions of Paragraph (1) of this Subsection shall not apply to any person operating an unmanned aircraft system in compliance with federal law or Federal Aviation Administration regulations or authorization.

C.(1) No person shall remain in or upon property, movable or immovable, owned by another without

(1) No person shall remain in or upon property, movable or immovable, owned by another without express, legal, or implied authorization.
(2) For purposes of this Subsection, the phrase “remain in or upon property” as used in this Subsection, in addition to its common meaning, signification, and connotation, shall include the operation of an unmanned aircraft system as defined by R.S. 14:337 in the air space over immovable property owned by another with the intent to conduct surveillance of the property or of any individual lawfully on the property.
(3) The provisions of Paragraph (1) of this Subsection shall not apply to any person operating an unmanned aircraft system in compliance with federal law or Federal Aviation Administration regulations or authorization.

D. It shall be an affirmative defense to a prosecution for a violation of Subsection A, B, or C of this Section, that the accused had express, legal, or implied authority to be in the movable or on the immovable property.
E. The following persons may enter or remain upon the structure, watercraft, movable or immovable property, of another:

(1) A duly commissioned law enforcement officer in the performance of his duties.
(2) Any firefighter, whether or not a member of a volunteer or other fire department, and any employee or agent of the Louisiana Department of Agriculture and Forestry engaged in locating and suppressing a fire.
(3) Emergency medical personnel engaged in the rendering of medical assistance to an individual.
(4) Any federal, state or local government employee, public utility employee or agent engaged in suppressing or dealing with an emergency that presents an imminent danger to human safety or health or to the environment.
(5) Any federal, state or local government employee, public utility employee or agent in the performance of his duties when otherwise authorized by law to enter or remain on immovable or movable property.
(6) Any person authorized by a court of law to enter or remain on immovable property.
(7) Any person exercising the mere right of passage to an enclosed estate, as otherwise provided by law.

F. The following persons may enter or remain upon immovable property of another, unless specifically forbidden to do so by the owner or other person with authority, either orally or in writing:

(1) A professional land surveyor or his authorized personnel, engaged in the “practice of land surveying”, as defined in R.S. 37:682.
(2) A person, affiliate, employee, agent or contractor of any business which is regulated by the Louisiana Public Service Commission or by a local franchising authority or the Federal Communication Commission under the Cable Reregulation Act of 1992 or of a municipal or public utility, while acting in the course and scope of his employment or agency relating to the operation, repair, or maintenance of a facility, servitude or any property located on the immovable property which belongs to such a business.
(3) Any person making a delivery, soliciting, selling any product or service, conducting a survey or poll, a real estate licensee or other person who has a legitimate reason for making a delivery, conducting business or communicating with the owner, lessee, custodian or a resident of the immovable property, and who, immediately upon entry, seeks to make the delivery, to conduct business or to conduct the communication.
(4) An employee of the owner, lessee or custodian of the immovable property while performing his duties, functions and responsibilities in the course and scope of his employment.
(5) The owner of domestic livestock or his employees or agents while in the process of retrieving his domestic livestock that have escaped from an area fenced to retain such domestic livestock.
(6) The owner of a domestic animal while in the sole process of merely retrieving his domestic animal from immovable property and not having a firearm or other weapon on his person.
(7) Any candidate for political office or any person working on behalf of a candidate for a political office.
(8) The owner or occupant of a watercraft or vessel traveling in salt water engaged in any lawful purpose for the purpose of retrieval of his property or for obtaining assistance in an emergency situation.

G. The following penalties shall be imposed for a violation of this Section:

(1) For the first offense, the fine shall be not less than one hundred dollars and not more than five hundred dollars, or imprisonment for not more than thirty days, or both.
(2) For the second offense, the fine shall be not less than three hundred dollars and not more than seven hundred fifty dollars, or imprisonment for not more than ninety days, or both.
(3) For the third offense and all subsequent offenses, the fine shall be not less than five hundred dollars and not more than one thousand dollars, or imprisonment for not less than sixty days and not more than six months, or both, and forfeiture to the law enforcement authority of any property seized in connection with the violation.
(4) A person may be convicted of a second offense and any subsequent offenses regardless of whether any prior conviction involved the same structure, watercraft, movable or immovable property and regardless of the time sequence of the occurrence of the offenses.
(5) In addition to the foregoing penalties, and notwithstanding any other law to the contrary, a person convicted under this Section who has killed or otherwise misappropriated any wildlife, as defined by R.S. 56:8, in the course of commission of the offense shall forfeit the misappropriated wildlife to the law enforcement authority, and shall be ordered to pay the value of the misappropriated wildlife into the Conservation Fund of the Department of Wildlife and Fisheries in accordance with R.S. 56:40.1 et seq. The value of the wildlife that was misappropriated shall be determined by the guidelines adopted by the Wildlife and Fisheries Commission pursuant to R.S. 56:40.2.

H. The provisions of any other law notwithstanding, owners, lessees, and custodians of structures, watercraft, movable or immovable property shall not be answerable for damages sustained by any person who enters upon the structure, watercraft, movable or immovable property without express, legal or implied authorization, or who without legal authorization, remains upon the structure, watercraft, movable or immovable property after being forbidden by the owner, or other person with authority to do so; however, the owner, lessee or custodian of the property may be answerable for damages only upon a showing that the damages sustained were the result of the intentional acts or gross negligence of the owner, lessee or custodian.
I. A minor ten years old or younger shall not be arrested, detained or apprehended for the crime of trespass.

LA Revised Statutes 14:108. Resisting an officer

A. Resisting an officer is the intentional interference with, opposition or resistance to, or obstruction of an individual acting in his official capacity and authorized by law to make a lawful arrest, lawful detention, or seizure of property or to serve any lawful process or court order when the offender knows or has reason to know that the person arresting, detaining, seizing property, or serving process is acting in his official capacity.
B.

(1) The phrase “obstruction of” as used herein shall, in addition to its common meaning, signification, and connotation mean the following:

(a) Flight by one sought to be arrested before the arresting officer can restrain him and after notice is given that he is under arrest.
(b) Any violence toward or any resistance or opposition to the arresting officer after the arrested party is actually placed under arrest and before he is incarcerated in jail.
(c) Refusal by the arrested or detained party to give his name and make his identity known to the arresting or detaining officer or providing false information regarding the identity of such party to the officer.
(d) Congregation with others on a public street and refusal to move on when ordered by the officer.
(e) Knowing interference with a police cordon resulting from the intentional crossing or traversing of a police cordon by an unauthorized person or an unmanned aircraft system (UAS). The cordoned area includes the airspace above the cordoned area.

(i) For purposes of this Subparagraph, “police cordon” means any impediment or structure erected or established by an officer for crowd or traffic control, or to prevent or obstruct the passage of a person at the scene of a crime or investigation.
(ii) “Impediment or structure” includes but is not limited to crime scene tape, rope, cable, wire or metal barricades, or the posting of uniformed officers or other personnel otherwise identifiable as law enforcement officers.
(iii) “Unmanned aircraft system” shall have the same meaning as provided by R.S. 14:337(B).
(iv) If the flight of a UAS into the cordoned area endangers the public or an officer’s safety, law enforcement personnel or fire department personnel are authorized to disable the UAS.

(2) The word “officer” as used herein means any peace officer, as defined in R.S. 40:2402, and includes deputy sheriffs, municipal police officers, probation and parole officers, city marshals and deputies, and wildlife enforcement agents.

C. Whoever commits the crime of resisting an officer shall be fined not more than five hundred dollars or be imprisoned for not more than six months, or both.

LA Revised Statutes 14:283. Video voyeurism; penalties

A. Video voyeurism is any of the following:

(1) The use of any camera, videotape, photo-optical, photo-electric, unmanned aircraft system, or any other image recording device for the purpose of observing, viewing, photographing, filming, or videotaping a person where that person has not consented to the observing, viewing, photographing, filming, or videotaping and it is for a lewd or lascivious purpose.
(2) The transfer of an image obtained by activity described in Paragraph (1) of this Subsection by live or recorded telephone message, electronic mail, the Internet, or a commercial online service.

B.

(1) Except as provided in Paragraphs (3) and (4) of this Subsection, whoever commits the crime of video voyeurism shall, upon a first conviction thereof, be fined not more than two thousand dollars or imprisoned, with or without hard labor, for not more than two years, or both.
(2) On a second or subsequent conviction, the offender shall be fined not more than two thousand dollars and imprisoned at hard labor for not less than six months nor more than three years without benefit of parole, probation, or suspension of sentence.
(3) Whoever commits the crime of video voyeurism when the observing, viewing, photographing, filming, or videotaping is of any vaginal or anal sexual intercourse, actual or simulated sexual intercourse, masturbation, any portion of the female breast below the top of the areola or of any portion of the pubic hair, anus, cleft of the buttocks, vulva, or genitals shall be fined not more than ten thousand dollars and be imprisoned at hard labor for not less than one year or more than five years, without benefit of parole, probation, or suspension of sentence.
(4) Whoever commits the crime of video voyeurism when the observing, viewing, photographing, filming, or videotaping is of any child under the age of seventeen with the intention of arousing or gratifying the sexual desires of the offender shall be fined not more than ten thousand dollars and be imprisoned at hard labor for not less than two years or more than ten years without benefit of parole, probation, or suspension of sentence.

C. The provisions of this Section shall not apply to the transference of such images by a telephone company, cable television company, or any of its affiliates, an Internet provider, or commercial online service provider, or to the carrying, broadcasting, or performing of related activities in providing telephone, cable television, Internet, or commercial online services.
D. After the institution of prosecution, access to and the disposition of any material seized as evidence of this offense shall be in accordance with R.S. 46:1845.
E. Any evidence resulting from the commission of video voyeurism shall be contraband.
F. A violation of the provisions of this Section shall be considered a sex offense as defined in R.S. 15:541. Whoever commits the crime of video voyeurism shall be required to register as a sex offender as provided for in Chapter 3-B of Title 15 of the Louisiana Revised Statutes of 1950.
G. For purposes of this Section, “unmanned aircraft system” means an unmanned, powered aircraft that does not carry a human operator, can be autonomous or remotely piloted or operated, and can be expendable or recoverable.

LA Revised Statutes 14:283.1. Voyeurism; penalties

A. Voyeurism is the viewing, observing, spying upon, or invading the privacy of a person by looking or using an unmanned aircraft system to look through the doors, windows, or other openings of a private residence without the consent of the victim who has a reasonable expectation of privacy for the purpose of arousing or gratifying the sexual desires of the offender.
B.

(1) Whoever commits the crime of voyeurism, upon a first conviction, shall be fined not more than five hundred dollars, imprisoned for not more than six months, or both.
(2) Upon a second or subsequent conviction, the offender shall be fined not more than one thousand dollars, imprisoned with or without hard labor for not more than one year, or both.

C. For purposes of this Section, “unmanned aircraft system” means an unmanned, powered aircraft that does not carry a human operator, can be autonomous or remotely piloted or operated, and can be expendable or recoverable.

LA Revised Statutes 14:284. Peeping Tom; penalties

A. No person shall perform such acts as will make him a “Peeping Tom” on or about the premises of another, or go upon the premises of another for the purpose of becoming a “Peeping Tom”.
B. “Peeping Tom” as used in this Section means one who peeps through windows or doors, or other like places, situated on or about the premises of another or uses an unmanned aircraft system for the purpose of spying upon or invading the privacy of persons spied upon without the consent of the persons spied upon. It is not a necessary element of this offense that the “Peeping Tom” be upon the premises of the person being spied upon.
C.

(1) Whoever violates this Section, upon a first conviction, shall be fined not more than five hundred dollars, imprisoned for not more than six months, or both.
(2) Upon a second conviction, the offender shall be fined not more than seven hundred fifty dollars, imprisoned for not more than six months, or both.
(3) Upon a third or subsequent conviction, the offender shall be fined not more than one thousand dollars, imprisoned with or without hard labor for not more than one year, or both.

D. For purposes of this Section, “unmanned aircraft system” means an unmanned, powered aircraft that does not carry a human operator, can be autonomous or remotely piloted or operated, and can be expendable or recoverable.

 

LA Revised Statutes 14:337. Unlawful use of an unmanned aircraft system

A. Unlawful use of an unmanned aircraft system is either of the following:

(1) The intentional use of an unmanned aircraft system to conduct surveillance of, gather evidence or collect information about, or photographically or electronically record a targeted facility without the prior written consent of the owner of the targeted facility.
(2) The intentional use of an unmanned aircraft system over the grounds of a state or local jail, prison, or other correctional facility that incarcerates or detains juveniles or adults accused of, convicted of, sentenced for, or adjudicated delinquent for violations of criminal law without the express written consent of the person in charge of that state or local jail, prison, or other correctional facility.

B. As used in this Section, the following definitions shall apply:

(1) “Federal government” means the United States of America and any department, agency, or instrumentality thereof.
(2) “State government” means the state of Louisiana and any department, agency, or instrumentality thereof.
(3) “Targeted facility” means the following systems:

(a) Petroleum and alumina refineries.
(b) Chemical and rubber manufacturing facilities.
(c) Nuclear power electric generation facilities.
(d) School and school premises as defined by R.S. 14:40.6(B).

(4) “Unmanned aircraft system” means an unmanned, powered aircraft that does not carry a human operator, can be autonomous or remotely piloted or operated, and can be expendable or recoverable. “Unmanned aircraft system” does not include any of the following:

(a) A satellite orbiting the earth.
(b) An unmanned aircraft system used by the federal government or a person who is acting pursuant to contract with the federal government to conduct surveillance of specific activities.
(c) An unmanned aircraft system used by the state government or a person who is acting pursuant to a contract with the state government to conduct surveillance of specific activities.
(d) An unmanned aircraft system used by a local government law enforcement agency or fire department.
(e) An unmanned aircraft system used by a person, affiliate, employee, agent, or contractor of any business which is regulated by the Louisiana Public Service Commission or by a local franchising authority or the Federal Communications Commission under the Cable Television Consumer Protection and Competition Act of 1992 or of a municipal or public utility, while acting in the course and scope of his employment or agency relating to the operation, repair, or maintenance of a facility, servitude, or any property located on the immovable property which belongs to such a business.

C.

(1) Nothing in this Section shall prohibit a person from using an unmanned aircraft system to conduct surveillance of, gather evidence or collect information about, or photographically or electronically record his own property that is either of the following:

(a) Located on his own immovable property.
(b) Located on immovable property owned by another under a valid lease, servitude, right-of-way, right of use, permit, license, or other right.

(2) Third persons retained by the owner of the property described in Paragraph (1) of this Subsection shall not be prohibited under this Section from using an unmanned aircraft system to conduct activities described in Paragraph (1) of this Subsection.

D. The provisions of this Section shall not apply to any of the following:

(1) Any person operating an unmanned aircraft vehicle or unmanned aircraft system in compliance with federal law or Federal Aviation Administration authorization or regulations or to any person engaged in agricultural commercial operations as defined in R.S. 3:41.
(2) The operation of an unmanned aircraft by institutions of higher education conducting research, extension, and teaching programs in association with university sanctioned initiatives.

E.

(1) Whoever commits the crime of unlawful use of an unmanned aircraft system as provided in Paragraph (A)(1) of this Section shall be fined not more than five hundred dollars, or imprisoned for not more than six months, or both.
(2) On a conviction for a second or subsequent offense as provided in Paragraph (A)(1) of this Section, the offender shall be fined not less than five hundred dollars nor more than two thousand dollars, or imprisoned, with or without hard labor, for not less than six months nor more than one year, or both.
(3) Whoever commits the crime of unlawful use of an unmanned aircraft system as provided in Paragraph (A)(2) of this Section shall be fined not more than two thousand dollars, or imprisoned for not more than six months, or both.
(4) On a conviction for a second or subsequent offense as provided in Paragraph (A)(2) of this Section, the offender shall be fined not less than two thousand dollars nor more than five thousand dollars, or imprisoned, with or without hard labor, for not more than one year, or both.

F. The provisions of this Section shall not apply to unmanned aircraft systems used for motion picture, television, or similar production where the filming is authorized by the property owner.

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Kentucky Drone Laws (2017)

NOTICE: This page is for informational purposes only and does not provide legal advice!  The information may also not be complete. The laws are constantly changing. It might NOT be up to date. 

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 Current as of February 21, 2017

Thankfully, the State of Kentucky does NOT have any drone laws yet. Keep in mind that local governments might have created some drone laws and some Kentucky aviation laws COULD be used to apply to drones since they are “aircraft.”

 

 


Kansas Drone Laws (2017)

NOTICE: This page is for informational purposes only and does not provide legal advice!  The information may also not be complete. The laws are constantly changing. It might NOT be up to date. 

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 Current as of February 21, 2017

Senate Bill319 was passed into law in 2016.  This amended a few sections of Kansas law.

Sec. 3. K.S.A. 60-31a02 is hereby amended to read as follows: 60- 31a02. As used in the protection from stalking act:

(a) ‘‘Stalking’’ means an intentional harassment of another person that places the other person in reasonable fear for that person’s safety.

(b) ‘‘Harassment’’ means a knowing and intentional course of conduct directed at a specific person that seriously alarms, annoys, torments or terrorizes the person, and that serves no legitimate purpose. ‘‘Harassment’’ shall include any course of conduct carried out through the use of an unmanned aerial system over or near any dwelling, occupied vehicle or other place where one may reasonably expect to be safe from uninvited intrusion or surveillance.

(c) ‘‘Course of conduct’’ means conduct consisting of two or more separate acts over a period of time, however short, evidencing a continuity of purpose which would cause a reasonable person to suffer substantial emotional distress. Constitutionally protected activity is not included within the meaning of ‘‘course of conduct.’’

(d) ‘‘Unmanned aerial system’’ means a powered, aerial vehicle that:

(1) Does not carry a human operator;

(2) uses aerodynamic forces to provide vehicle lift;

(3) may fly autonomously or be piloted remotely;

(4) may be expendable or recoverable; and

(5) may carry a lethal or nonlethal payload.

Sec. 4. K.S.A. 61-2708 is hereby amended to read as follows: 61-2708.

The venue of actions commenced under this act shall be as prescribed in article 34 of chapter 61 of the Kansas Statutes Annotated, and amendments thereto, except that the county in which the cause of action arose shall be proper venue only where it is affirmatively shown that the defendant was a resident of the county where the cause of action arose at the time the cause of action arose.

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Iowa Drone Laws (2017)

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 Current as of February 21, 2017

Iowa Code 808.15 Unmanned aerial vehicle — information — admissibility.

Information obtained as a result of the use of an unmanned aerial vehicle is not admissible as evidence in a criminal or civil proceeding, unless the information is obtained pursuant to the authority of a search warrant, or unless the information is otherwise obtained in a manner that is consistent with state and federal law.

Iowa Code 321.492B Use of unmanned aerial vehicle for traffic law enforcement prohibited.

The state or a political subdivision of the state shall not use an unmanned aerial vehicle for traffic law enforcement.

Iowa House Bill 2289 was passed and said,

The department of public safety, in consultation with the attorney general, state and local agencies, and other interested organizations, including but not limited to organizations with expertise in unmanned aerial vehicle technology, shall examine whether the Iowa criminal code should be modified to regulate the use of unmanned aerial vehicles, shall develop model guidelines for the use of unmanned aerial vehicles, and shall report such guidelines to the general assembly no later than December 31, 2014.

The Iowa Department of Public Safety published this report in December 2014.

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Indiana Drone Laws (2017)

NOTICE: This page is for informational purposes only and does not provide legal advice!  The information may also not be complete. The laws are constantly changing. It might NOT be up to date. 

 

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 Current as of February 21, 2017

Indiana Code 14-22-6-16 Use of unmanned aerial vehicles to aid hunting

Sec. 16.

(a) This section does not apply to the following:

(1) The department or the department’s designee.

(2) Employees or agents of a governmental entity while performing official duties.

(3) Employees or agents of an educational or research

institution acting for bona fide educational or scientific purposes.

(4) Use of an unmanned aerial vehicle to assist, provide care

for, or provide veterinary treatment to a specific wild animal.

(5) Use of an unmanned aerial vehicle to monitor areas of

agricultural production or to monitor nuisance wild animals.

(b) As used in this section, “take” means to:

(1) kill, shoot, spear, harm, catch for the purpose of killing, trap

for the purpose of killing, or pursue for the purpose of killing a wild animal; or

(2) attempt to engage in conduct under subdivision (1).

(c) During the period:

(1) beginning fourteen (14) days before the hunting season for

a particular wild animal species; and

(2) ending upon the expiration of legal hunting hours on the last day of the hunting season; a person may not knowingly use an unmanned aerial vehicle (as defined by IC 35-33-5-0.5(7)) to search for, scout, locate, or detect a wild animal to which the hunting season applies as an aid to take the wild animal.

Indiana Code 35-31.5-2-342.3  

“Unmanned aerial vehicle” Sec. 342.3. “Unmanned aerial vehicle”, for purposes of IC 35-33-5, has the meaning set forth in IC 35-33-5-0.5(7)

Indiana Code 35-31.5-2-343.7

“Use of an unmanned aerial vehicle” Sec. 343.7. “Use of an unmanned aerial vehicle”, for purposes of IC 35-33-5, has the meaning set forth in IC 35-33-5-0.5(8).

IC 35-31.5-2-337.5

“Tracking device ”

Sec. 337.5. “Tracking device”, for purposes of IC 35-33-5 and this chapter, means an electronic or mechanical device that allows a person to remotely determine or track the position or movement of another person or an object. The term includes the following:

(1) A device that stores geographic data for subsequent access

or analysis.

(2) A device that allows real-time monitoring or movement.

(3) An unmanned aerial vehicle.

(4) A cellular telephone or other wireless or cellular communications device.

Indiana Code 35-33-5-0.5 Definitions

Sec. 0.5. The following definitions apply throughout this chapter:

(1) “Electronic communication service” means a service that

provides users with the ability to send or receive wire or electronic communications.

(2) “Electronic storage” means any storage of electronic user

data on a computer, computer network, or computer system regardless of whether the data is subject to recall, further manipulation, deletion, or transmission. “Electronic storage” includes any storage or electronic communication by an electronic communication service or a remote computing service.

(3) “Electronic user data” means any data or records that are in

the possession, care, custody, or control of a provider of an electronic communication service, a remote computing service, or any other service or program that stores, uses, collects, or safeguards electronic user data.

(4) “Governmental entity” has the meaning set forth in

IC 35-31.5-2-144. For purposes of this chapter, “governmental entity” also includes a person authorized to act on behalf of a state or local agency.

(5) “Intercept” means to acquire geolocation data through the

use of an electronic device, mechanical device, or other device.

(6) “Remote computing service” means the provision to the

public of computer storage or processing services by means of an electronic communication service.

(7) “Unmanned aerial vehicle” means an aircraft that:

(A) does not carry a human operator; and

(B) is capable of flight under remote control or autonomous programming.

(8) “Use of an unmanned aerial vehicle” means the use of an

unmanned aerial vehicle by a law enforcement officer to obtain evidence relevant to the enforcement of statutes, rules, or regulations. The term includes:(A) the interception of wire, electronic, or oral communications; and(B) the capture, collection, monitoring, or viewing of images.

(9) “User” means any person who:

(A) uses an electronic communication service, remote computing service, geolocation information service, or an electronic device; and

(B) may or may not be the person or entity having legal title, claim, or right to the electronic device or electronic user data.

Indiana Code 35-33-5-9 Unmanned aerial vehicles; search warrant; exceptions

Sec. 9.

(a) Except as provided in subsection (b), a law enforcement officer must obtain a search warrant in order to use an unmanned aerial vehicle.

(b) A law enforcement officer or governmental entity may use an unmanned aerial vehicle without obtaining a search warrant if the law enforcement officer determines that the use of the unmanned aerial vehicle:

(1) is required due to:

(A) the existence of exigent circumstances necessitating a

warrantless search;

(B) the substantial likelihood of a terrorist attack;

(C) the need to conduct a search and rescue or recovery operation;

(D) the need to conduct efforts:

(i) in response to; or

(ii) to mitigate; the results of a natural disaster or any other disaster; or

(E) the need to perform a geographical, an environmental, or any other survey for a purpose that is not a criminal justice purpose;

(2) is required to obtain aerial photographs or video images of

a motor vehicle accident site on a public street or public highway; or

(3) will be conducted with the consent of any affected property-owner.

Indiana Code 35-33-5-10

Admissibility of evidence; unmanned aerial vehicles

Sec. 10. The following are not admissible as evidence in an administrative or judicial proceeding:

(1) A communication or an image that is obtained through the

use of an unmanned aerial vehicle in violation of section 9 of this chapter.

(2) Evidence derived from a communication or an image

described in subdivision (1).

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Illinois Drone Laws (2017)

NOTICE: This page is for informational purposes only and does not provide legal advice!  The information may also not be complete. The laws are constantly changing. It might NOT be up to date. 

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 Current as of February 21, 2017

(725 ILCS 167/) Freedom from Drone Surveillance Act.

(725 ILCS 167/1)

Sec. 1. Short title. This Act may be cited as the Freedom from Drone Surveillance Act.

(Source: P.A. 98-569, eff. 1-1-14.)

    (725 ILCS 167/5)

Sec. 5. Definitions. As used in this Act:

“Authority” means the Illinois Criminal Justice Information Authority.

“Drone” means any aerial vehicle that does not carry a human operator.

“Information” means any evidence, images, sounds, data, or other information gathered by a drone.

“Law enforcement agency” means any agency of this State or a political subdivision of this State which is vested by law with the duty to maintain public order and to enforce criminal laws.

(Source: P.A. 98-569, eff. 1-1-14.)

    (725 ILCS 167/10)

Sec. 10. Prohibited use of drones. Except as provided in Section 15, a law enforcement agency may not use a drone to gather information.

(Source: P.A. 98-569, eff. 1-1-14.)

    (725 ILCS 167/15)

Sec. 15. Exceptions. This Act does not prohibit the use of a drone by a law enforcement agency:

(1) To counter a high risk of a terrorist attack by a specific individual or organization if the United States Secretary of Homeland Security determines that credible intelligence indicates that there is that risk.

(2) If a law enforcement agency first obtains a search warrant based on probable cause issued under Section 108-3 of the Code of Criminal Procedure of 1963. The warrant must be limited to a period of 45 days, renewable by the judge upon a showing of good cause for subsequent periods of 45 days.

(3) If a law enforcement agency possesses reasonable suspicion that, under particular circumstances, swift action is needed to prevent imminent harm to life, or to forestall the imminent escape of a suspect or the destruction of evidence. The use of a drone under this paragraph (3) is limited to a period of 48 hours. Within 24 hours of the initiation of the use of a drone under this paragraph (3), the chief executive officer of the law enforcement agency must report in writing the use of a drone to the local State’s Attorney.

(4) If a law enforcement agency is attempting to locate a missing person, and is not also undertaking a criminal investigation.

(5) If a law enforcement agency is using a drone solely for crime scene and traffic crash scene photography. Crime scene and traffic crash photography must be conducted in a geographically confined and time-limited manner to document specific occurrences. The use of a drone under this paragraph (5) on private property requires either a search warrant based on probable cause under Section 108-3 of the Code of Criminal Procedure of 1963 or lawful consent to search. The use of a drone under this paragraph (5) on lands, highways, roadways, or areas belonging to this State or political subdivisions of this State does not require a search warrant or consent to search. Any law enforcement agency operating a drone under this paragraph (5) shall make every reasonable attempt to only photograph the crime scene or traffic crash scene and avoid other areas.

(6) If a law enforcement agency is using a drone during a disaster or public health emergency, as defined by Section 4 of the Illinois Emergency Management Agency Act. The use of a drone under this paragraph (6) does not require an official declaration of a disaster or public health emergency prior to use. A law enforcement agency may use a drone under this paragraph (6) to obtain information necessary for the determination of whether or not a disaster or public health emergency should be declared, to monitor weather or emergency conditions, to survey damage, or to otherwise coordinate response and recovery efforts. The use of a drone under this paragraph (6) is permissible during the disaster or public health emergency and during subsequent response and recovery efforts.

(Source: P.A. 98-569, eff. 1-1-14; 98-831, eff. 1-1-15.)

    (725 ILCS 167/20)

Sec. 20. Information retention. If a law enforcement agency uses a drone under Section 15 of this Act, the agency within 30 days shall destroy all information gathered by the drone, except that a supervisor at that agency may retain particular information if:

(1) there is reasonable suspicion that the information contains evidence of criminal activity, or

(2) the information is relevant to an ongoing investigation or pending criminal trial.

(Source: P.A. 98-569, eff. 1-1-14.)

    (725 ILCS 167/25)

Sec. 25. Information disclosure. If a law enforcement agency uses a drone under Section 15 of this Act, the agency shall not disclose any information gathered by the drone, except that a supervisor of that agency may disclose particular information to another government agency, if (1) there is reasonable suspicion that the information contains evidence of criminal activity, or (2) the information is relevant to an ongoing investigation or pending criminal trial.

(Source: P.A. 98-569, eff. 1-1-14.)

    (725 ILCS 167/30)

Sec. 30. Admissibility. If the court finds by a preponderance of the evidence that a law enforcement agency used a drone to gather information in violation of the information gathering limits in Sections 10 and 15 of this Act, then the information shall be presumed to be inadmissible in any judicial or administrative proceeding. The State may overcome this presumption by proving the applicability of a judicially recognized exception to the exclusionary rule of the Fourth Amendment to the U.S. Constitution or Article I, Section 6 of the Illinois Constitution to the information. Nothing in this Act shall be deemed to prevent a court from independently reviewing the admissibility of the information for compliance with the aforementioned provisions of the U.S. and Illinois Constitutions.

(Source: P.A. 98-569, eff. 1-1-14.)

    (725 ILCS 167/35)

Sec. 35. Reporting.

(a) If a law enforcement agency owns one or more drones, then subsequent to the effective date of this Act, it shall report in writing annually by April 1 to the Authority the number of drones that it owns.

(b) On July 1 of each year, the Authority shall publish on its publicly available website a concise report that lists every law enforcement agency that owns a drone, and for each of those agencies, the number of drones that it owns.

(Source: P.A. 98-569, eff. 1-1-14.)

    (725 ILCS 167/40)

Sec. 40. Law enforcement use of private drones.

(a) Except as provided in Section 15, a law enforcement agency may not acquire information from or direct the acquisition of information through the use of a drone owned by a private third party. In the event that law enforcement acquires information from or directs the acquisition of information through the use of a privately owned drone under Section 15 of this Act, any information so acquired is subject to Sections 20 and 25 of this Act.

(b) Nothing in this Act prohibits private third parties from voluntarily submitting information acquired by a privately owned drone to law enforcement. In the event that law enforcement acquires information from the voluntary submission of that information, whether under a request or on a private drone owner’s initiative, the information is subject to Sections 20 and 25 of this Act.

(Source: P.A. 98-831, eff. 1-1-15.)

(20 ILCS 5065/) Unmanned Aerial System Oversight Task Force Act.

(20 ILCS 5065/1)

(Section scheduled to be repealed on September 1, 2017)

Sec. 1. Short title. This Act may be cited as the Unmanned Aerial System Oversight Task Force Act.

(Source: P.A. 99-392, eff. 8-18-15.)

    (20 ILCS 5065/5)

(Section scheduled to be repealed on September 1, 2017)

Sec. 5. Purpose. The use of drones is becoming more common in everyday applications both commercially and privately. It is clear that increased drone use creates emerging conflicts and challenges to providing guidance into the safe operation of drones, while not infringing upon the constitutional rights of others. It is necessary to establish a task force to provide oversight and input in creating comprehensive laws and rules for the operation and use of drone technology within this State, subject to federal oversight and regulation.

(Source: P.A. 99-392, eff. 8-18-15.)

    (20 ILCS 5065/10)

(Section scheduled to be repealed on September 1, 2017)

Sec. 10. Definitions. As used in this Act:

“Task Force” means the Unmanned Aerial System Oversight Task Force.

“Unmanned Aerial System” or “UAS” means an unmanned aerial vehicle or drone.

(Source: P.A. 99-392, eff. 8-18-15.)

    (20 ILCS 5065/15)

(Section scheduled to be repealed on September 1, 2017)

Sec. 15. The Unmanned Aerial System Task Force.

(a) There is hereby created the Unmanned Aerial System Oversight Task Force to study and make recommendations for the operation, usage, and regulation of Unmanned Aerial Systems, commonly referred to as “drone” technology, within this State.

(b) Within 90 days after the effective date of this Act members of the Task Force shall be appointed by the Governor and shall consist of one member from each of the following agencies or interest groups:

(1) a member of the Division of Aeronautics of the Department of Transportation, nominated by the Secretary of Transportation;

(2) a member of the Department of State Police, nominated by the Director of State Police;

(3) a Conservation Police officer of the Department of Natural Resources, nominated by the Director of Natural Resources;

(4) a member of the Department of Agriculture, nominated by the Director of Agriculture;

(5) a member of the Department of Commerce and Economic Opportunity, nominated by the Director of Commerce and Economic Opportunity;

(6) a UAS technical commercial representative;

(7) a UAS manufacturing industry representative;

(8) a person nominated by the Attorney General;

(9) a member of the Illinois Conservation Police Lodge, nominated by the president of the Lodge;

(10) a member of a statewide sportsmen’s federation, nominated by the president of the federation;

(11) a member of a statewide agricultural association, nominated by the president of the association;

(12) a member of a statewide commerce association, nominated by the president or executive director of the association;

(13) a person nominated by an electric utility company serving retail customers in this State;

(14) a member of the Illinois National Guard, nominated by the Adjutant General;

(15) a member of a statewide retail association, nominated by the president of the association;

(16) a member of a statewide manufacturing trade association, nominated by the president or chief executive officer of the association;

(17) a member of a statewide property and casualty insurance association, nominated by the president or chief executive officer of the association;

(18) a member of a statewide association representing real estate brokers licensed in this State, nominated by the president of the association;

(19) a member of a statewide surveying association, nominated by the president of the association;

(20) a law enforcement official from a municipality with a population of 2 million or more inhabitants, nominated by the mayor of the municipality;

(21) a law enforcement official from a municipality with a population of less than 2 million inhabitants, nominated by a statewide police chiefs association;

(22) a member of a statewide freight railroad association, nominated by the president of the association; and

(23) a member of a statewide broadcasters association, nominated by the president of the association.

(b-5) Within 90 days after the effective date of this amendatory Act of the 99th General Assembly, 8 members of the Task Force shall also be appointed as follows: 2 members appointed by the Speaker of the House of Representatives, 2 members appointed by the Minority Leader of the House of Representatives, 2 members appointed by the President of the Senate, and 2 members appointed by the Minority Leader of the Senate.

(c) Nominations to the Task Force must be submitted to the Governor within 60 days of August 18, 2015 (the effective date of Public Act 99-392), except that the nomination from a statewide broadcasters association shall be made within 60 days after the effective date of this amendatory Act of the 99th General Assembly. The Governor shall make the appointments within 30 days after the close of nominations. The term of the appointment shall be until submission of the report of comprehensive recommendations under subsection (g) of this Section. The member from the Division of Aeronautics of the Department of Transportation shall chair the Task Force and serve as a liaison to the Governor and General Assembly. Meetings of the Task Force shall be held as necessary to complete the duties of the Task Force. Meetings of the Task Force shall be held in the central part of the State.

(d) The members of the Task Force shall receive no compensation for serving as members of the Task Force.

(e) The Task Force shall consider commercial and private uses of drones, landowner and privacy rights, as well as general rules and regulations for safe operation of drones, and prepare comprehensive recommendations for the safe and lawful operation of UAS in this State.

(f) The Department of Transportation shall provide administrative support to the Task Force.

(g) The Task Force shall submit a report with recommendations to the Governor and General Assembly no later than July 1, 2017.

(Source: P.A. 99-392, eff. 8-18-15; 99-649, eff. 7-28-16.)

(720 ILCS 5/) Criminal Code of 2012.

(720 ILCS 5/48-3)

Sec. 48-3. Hunter or fisherman interference.

(a) Definitions. As used in this Section:

“Aquatic life” means all fish, reptiles, amphibians, crayfish, and mussels the taking of which is authorized by the Fish and Aquatic Life Code.

“Interfere with” means to take any action that physically impedes, hinders, or obstructs the lawful taking of wildlife or aquatic life.

“Taking” means the capture or killing of wildlife or aquatic life and includes travel, camping, and other acts preparatory to taking which occur on lands or waters upon which the affected person has the right or privilege to take such wildlife or aquatic life.

“Wildlife” means any wildlife the taking of which is authorized by the Wildlife Code and includes those species that are lawfully released by properly licensed permittees of the Department of Natural Resources.

(b) A person commits hunter or fisherman interference when he or she intentionally or knowingly:   ………

(10) uses a drone in a way that interferes with another person’s lawful taking of wildlife or aquatic life. For the purposes of this paragraph (10), “drone” means any aerial vehicle that does not carry a human operator.

(c) Exemptions; defenses.

(1) This Section does not apply to actions performed by authorized employees of the Department of Natural Resources, duly accredited officers of the U.S. Fish and Wildlife Service, sheriffs, deputy sheriffs, or other peace officers if the actions are authorized by law and are necessary for the performance of their official duties.

(2) This Section does not apply to landowners, tenants, or lease holders exercising their legal rights to the enjoyment of land, including, but not limited to, farming and restricting trespass.

(3) It is an affirmative defense to a prosecution for a violation of this Section that the defendant’s conduct is protected by his or her right to freedom of speech under the constitution of this State or the United States.

(4) Any interested parties may engage in protests or other free speech activities adjacent to or on the perimeter of the location where the lawful taking of wildlife or aquatic life is taking place, provided that none of the provisions of this Section are being violated.

(d) Sentence. A first violation of paragraphs (1) through (8) of subsection (b) is a Class B misdemeanor. A second or subsequent violation of paragraphs (1) through (8) of subsection (b) is a Class A misdemeanor for which imprisonment for not less than 7 days shall be imposed. A person guilty of a second or subsequent violation of paragraphs (1) through (8) of subsection (b) is not eligible for court supervision. A violation of paragraph (9) or (10) of subsection (b) is a Class A misdemeanor. A court shall revoke, for a period of one year to 5 years, any Illinois hunting, fishing, or trapping privilege, license or permit of any person convicted of violating any provision of this Section. For purposes of this subsection, a “second or subsequent violation” means a conviction under paragraphs (1) through (8) of subsection (b) of this Section within 2 years of a prior violation arising from a separate set of circumstances.

(e) Injunctions; damages.

(1) Any court may enjoin conduct which would be in violation of paragraphs (1) through (8) or (10) of subsection (b) upon petition by a person affected or who reasonably may be affected by the conduct, upon a showing that the conduct is threatened or that it has occurred on a particular premises in the past and that it is not unreasonable to expect that under similar circumstances it will be repeated.

(2) A court shall award all resulting costs and damages to any person adversely affected by a violation of paragraphs (1) through (8) or (10) of subsection (b), which may include an award for punitive damages. In addition to other items of special damage, the measure of damages may include expenditures of the affected person for license and permit fees, travel, guides, special equipment and supplies, to the extent that these expenditures were rendered futile by prevention of the taking of wildlife or aquatic life.

(Source: P.A. 97-1108, eff. 1-1-13; 98-402, eff. 8-16-13.)

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Hawaii Drone Laws (2017)

NOTICE: This page is for informational purposes only and does not provide legal advice!  The information may also not be complete. The laws are constantly changing. It might NOT be up to date. 

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 Current as of February 21, 2017

Hawaii Statutes Section 201-72.6  Hawaii unmanned aerial systems test site advisory board; established. 

(a)  There is established a Hawaii unmanned aerial systems test site advisory board, as a subcommittee of the Hawaii aerospace advisory committee, to oversee the planning and operation of the Hawaii unmanned aerial systems test site.

(b)  The board shall be composed of seven members as follows:

     (1)  The adjutant general, or the adjutant general’s designee;

     (2)  The director of transportation, or the director’s designee;

     (3)  The director of business, economic development, and tourism, or the director’s designee;

     (4)  The president of the University of Hawaii, or the president’s designee;

     (5)  One member representing the Hawaii business community, to be appointed by the governor pursuant to section 26-34; and

     (6)  Two members representing the aerospace or aviation industries, to be appointed by the governor pursuant to section 26-34.

     Each board member shall serve for a term of four years; provided that the initial terms shall be staggered, as determined by the governor.

(c)  Members of the board shall not receive compensation for their services but shall be reimbursed for necessary expenses, including travel expenses, incurred in the performance of their duties under this section. [L 2015, c 208, pt of §2]

Section 201‑72.7  Hawaii unmanned aerial systems test site chief operating officer.

The department shall hire a chief operating officer who shall manage the operations of Hawaii’s unmanned aerial systems test site.  The chief operating officer shall:

(1)  Monitor, oversee, and recommend operations of unmanned aerial systems test site activities;

(2)  Facilitate opportunities for public and private use of unmanned aerial systems test site facilities;

(3)  Assist unmanned aerial systems test ranges;

(4)  Leverage aerospace and related technological capabilities in the State’s academic, public, and private sectors to support testing and evaluation at Hawaii’s unmanned aerial systems test ranges;

(5)  Promote innovative education and workforce development programs to enhance public awareness of the benefits and opportunities that unmanned aerial systems technologies and applications can bring to the State;

(6)  Monitor national and global trends in unmanned aerial systems development and testing, and recommend policies and programs to advance unmanned aerial systems testing in Hawaii;

(7)  Establish and maintain a public website with updated information on the program and provide information on the Hawaii unmanned aerial systems test site initiative;

(8)  Contract for services and implement agreements, subject to chapter 103D, as may be necessary to conduct operations at Hawaii’s unmanned aerial systems test ranges;

(9)  Serve as Hawaii’s representative on the Pan-Pacific Unmanned Aerial Systems Test Range Complex management team; and

(10)  Submit an annual report to the legislature no later than twenty days prior to the convening of each regular session, which shall include the status of work, expenditures, and trends regarding Hawaii’s unmanned aerial systems test site.

The chief operating officer may employ one administrative assistant for Hawaii’s unmanned aerial systems test site operations and activities.

The advisory board submitted to the governor and legislature a report.

Hawaii Administrative Rules  § 13-146-28 Modelcraft operation; kite flying.

No person shall operate motorized aircraft, automobile, watercraft and other similar models except with the, written permission of the board or its authorized representative. Kites shall not be flown where kite flying is specifically prohibited by the posting of appropriate signs.

You should reach out to the Hawaii Drone Club for the best locations to fly.

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Georgia Drone Laws (2017)

NOTICE: This page is for informational purposes only and does not provide legal advice!  The information may also not be complete. The laws are constantly changing. It might NOT be up to date. 

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 Current as of February 21, 2017

There are no laws in Georgia on drones specifically.  The Georgia House passed a resolution (HR 744) to create a committee to look into drones.  The committee issued their report on December 1, 2015.  The report listed out specifically 15 recommendations. While not law, it gives us a “flavor” as to what the Georgia House is thinking.

 

1. Continue to monitor FAA Regulations with regards to registration requirements of hobbyist operators. The committee does not want to duplicate the process or hinder the industry.

2. Form a commission made up of legislators, researchers, industry experts, and others deemed appropriate to help develop policy and encourage industry expansion within the state.

3. Continue to encourage our universities and technical colleges to find ways to get involved by offering classes, certifications, or any other opportunities that may be deemed necessary.

4. Encourage the state and its agencies to use drone technology in areas where it could provide a cost savings or improve safety.

5. Look for opportunities to encourage venture capitalists to help with startups in Georgia.

6. Protect citizen privacy by making it unlawful to video or photograph another person’s property without permission with limited exceptions to this.

7. Prohibit weaponizing a drone. 8. Make it a violation to fly in or around certain locations such as the capitol.

9. Allow local governments to restrict the use of drones on their publically owned land.

10. Make it unlawful to fly around or to interfere with an emergency scene or to interfere with public safety personnel carrying out official duties.

11. Require law enforcement to have a search warrant to use drones in areas to collect evidence where someone has a reasonable expectation of privacy.

12. Require any videos or photos taken of private property by a government entity without evidentiary value to a specific case to be purged.

13. Make it unlawful to take off from or to recover a drone from private or public property without permission.

14. Prohibit use of drones for hunting and fishing or to use a drone to interfere with someone else that is hunting, fishing, or trapping.

15. Prohibit the use of drones within so many feet of a public road without permission.

The Governor of Georgia issued on November 2nd, 2016 an executive order “That a Commission on Unmanned Aircraft Technology appointed by the Governor is hereby created to make state-level recommendations to the Governor consistent with current FAA regulations as well as the State’s business and public safety interests.”

The Governor appointed to the commission:

  • David Vigilante, Legal Senior Vice President, CNN
  • Christopher Davidson, State Archivist/Assistant Vice Chancellor, Georgia Archives, Board of Regents of the University System of Georgia
  • Jacob Hinton, Partner, Flyover Services LLC
  • Lewis Massey, Partner, Massey, Watson & Hembree LLC
  • Michael Wall, VP of Government and Regulatory Affairs, Comcast (Georgia)
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Delaware Drone Laws (2017)

NOTICE: This page is for informational purposes only and does not provide legal advice!  The information may also not be complete. The laws are constantly changing. It might NOT be up to date. 

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 Current as of February 21, 2017

Title 11 of Delaware Code § 1334 Unlawful use of an unmanned aircraft system; unclassified misdemeanor; class B misdemeanor; class A misdemeanor.

(a) Definitions. — The following terms shall have the following meanings as used in this section.

(1) “Critical infrastructure” means petroleum refineries, petroleum storage facilities, chemical storage facilities, chemical manufacturing facilities, fuel storage facilities, electric substations, power plants, electric generation facilities, military facilities, commercial port and harbor facilities, rail yard facilities, drinking water treatment or storage facilities, correctional facilities, government buildings, and public safety buildings or facilities.

(2) “First responder” means federal, state, and local law-enforcement officers, fire, and emergency medical services personnel, hazardous materials response team members, 9-1-1 dispatchers, or any individual who is responsible for the protection and preservation of life and is directed to respond to an incident that could result in death or serious injury.

(3) “Unmanned aircraft system” means a powered, aerial vehicle that:

a. Does not carry a human operator;

b. Uses aerodynamic forces to provide vehicle lift;

c. Can fly autonomously or be piloted remotely; and

d. Can be expendable or recoverable.

(b) Prohibited acts. — Except as provided in this section, no person shall knowingly operate, direct, or program an unmanned aircraft system to fly:

(1) Over any sporting event, concert, automobile race, festival, or other event at which more than 1500 people are in attendance; or

(2) Over any critical infrastructure; or

(3) Over any incident where first responders are actively engaged in response or air, water, vehicular, ground or specialized transport.

(c) Exemptions. — The prohibitions set forth in subsection (b) of this section shall not apply to:

(1) An unmanned aircraft system used for law-enforcement purposes; or

(2) An unmanned aircraft system flying over property where written permission has been granted by the property owner or occupier; or

(3) An unmanned aircraft system operated by an institution of higher education for educational purposes in compliance with Federal Aviation Administration regulations; or

(4) An unmanned aircraft system that is being used for a commercial or other purpose if the operator is authorized by the Federal Aviation Administration.

(d) Penalties. — Unlawful use of an unmanned aircraft system is an unclassified misdemeanor for a first offense and a class B misdemeanor for a second or subsequent offense, except that in any case where physical injury to a person or damage to property occurs as a result of a violation of this section unlawful use of an unmanned aircraft system is a class A misdemeanor.

(e) Preemption. — Only the State may enact a law or take any other action to prohibit, restrict, or regulate the testing or operation of an unmanned aircraft systems in the State. This section preempts the authority of a county or municipality to prohibit, restrict, or regulate the testing or operating of unmanned aircraft systems and supersedes any existing law or ordinance of a county or municipality that prohibits, restricts, or regulates the testing or operating of unmanned aircraft systems.

Title 21 of the Delaware Code

Section 4504 Regulations; fees; permits for excessive size and weights.

(a) The Secretary of Transportation may adopt such regulations, issue permits and may impose such fees as the Secretary may deem reasonable to implement the requirements of this chapter. The fee for permits issued pursuant to paragraph (c)(1) of this section for vehicles operating on any interstate highway within this State shall be $1.00 per single trip permit.

(b)

(1) The Secretary of Transportation is hereby authorized to adopt rules and regulations, to establish and set fees and to adopt procedures for the issuance of permits for the movement of vehicles and/or loads of a size and weight exceeding the maximum specified in this chapter.

(2) Local authorities may adopt regulations under which permits may be granted for the movement of vehicles and/or loads of a size and weight exceeding the maximum specified in this chapter over any highway for which the local authority has the sole maintenance responsibility.

(3) Every permit granted shall be in writing and shall contain a description of the vehicle and load, a statement of the fee levied and the name of the authorized officer of the granting authority. It may designate the route and certain restrictions, rules, conditions and regulations as deemed necessary.

(4) Permits may be obtained only for vehicles or trailers complying with this title.

(5) A permit obtained pursuant to this section shall relieve no person of the obligation to comply with all laws, rules and regulations otherwise applicable.

(c)

(1) Single trip permits shall be issued for single trips from the designated starting point to the designated terminal point. Intermediate stopping points and round trips are not permitted.

(2) Multi-trip permits shall be issued for the period from the first day of the month to the first day of the following month. Each permit shall be valid as authorized herein; it shall not be transferable.

a. Utility companies may be issued a permit for piling and pole trailers. Each permit may be valid for up to 4 trailers at the time of issue.

b. Utility companies and governmental agencies may be issued a permit for a manned and/or unmanned aerial type single motor vehicle up to 50 feet long. Each permit shall be valid for an individual vehicle only.

c. Pole and piling haulers may be issued a permit for piling and pole movements. Each permit shall be valid for an individual tractor only.

d. A specific route permit may be issued to owners or renters of double-bottom vehicles weighing not more than 80,000 lbs. with a width of not more than 102 inches. Each permit shall be for a single route between 2 specific points. Such permit shall not be vehicle specific; it is route specific.

e. Permits shall not be issued under paragraph (c)(2)d. of this section for any route which has a posted speed limit over 30 m.p.h. and has travel lanes less than 11 feet wide as measured from face of curb or edge of travelway.

f. Multi-trip permits shall not be issued for any purpose not specifically authorized in paragraph (c)(2)a., b., c. or d. of this section.

g., h. [Deleted.]

(d) Notwithstanding any provision or regulation to the contrary, all operators of self-propelled cranes, as defined in § 101 of this title, shall be allowed to apply for and receive a 1-year blanket permit allowing unlimited moves of said self-propelled crane. These blanket permits can be renewed each year. For purposes of this subsection, a “blanket permit” is an unlimited movement permit for each self-propelled crane owned by an applicant. Said permit shall be issued per the rules and regulations adopted by the Department of Transportation.

(e)

(1) Every permit shall be carried in the vehicle to which it refers during the movement it authorizes and it shall be open to inspection by any police officer.

(2) Copies of multi-trip permits issued to utility companies may be carried by their vehicles in lieu of the original.

(3) Copies of multi-trip permits issued for bus operation may be carried in the buses in lieu of the original.

(4) Copies of multi-trip permits issued for the movement of double-bottom vehicles may be carried in the vehicle in lieu of the original or they may be posted at the destination point of the route or they may be retained at the nearest office of the permittee.

(5) [Deleted.]

(f)

(1) No person shall fail to provide accurate information concerning the granting of a permit.

(2) No person shall violate any of the terms, conditions, restrictions, rules or regulations published in the policy or stated on the permit. A violation of any of the terms and conditions set forth in such permit shall render the permit null and void.

(3) Any permit obtained on the basis of false or misleading data is null and void. Any fee levied for it shall not be returned or transferred.

(4) Any permit which shall be rendered null and void for whatever reason shall subject the violator to such punishment as shall be permitted by law for persons not having obtained permits in the first instance.

(g) The revenue from the fees imposed pursuant to this section shall be deposited no later than the close of the next business day following such receipt, to the credit of the Transportation Trust Fund, established pursuant to Chapter 14 of Title 2, as amended.

Title 7 of the Delaware Administrative Code

9202 Regulations Governing Natural Areas and Nature Preserves

13.0     Aviation – Environmental D Violations

13.1     No person shall voluntarily bring, land or cause to descend or alight on or upon any lands or waters administered by the Division any aircraft, flying machine, balloon, parachute, drones or other apparatus for aviation except with the prior consent of the Director. “Voluntarily” shall mean for purposes of this paragraph anything other than a forced or emergency landing.

13.2     Flying of radio‑controlled model aircraft, including drones, or the launching of model rockets shall not be permitted in areas administered by the Division except in areas set aside and designated for such purposes. Special policies regarding insurance and operating conditions will be posted.

 


Connecticut Drone Laws (2017)

NOTICE: This page is for informational purposes only and does not provide legal advice!  The information may also not be complete. The laws are constantly changing. It might NOT be up to date. 

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 Current as of February 21, 2017

Connecticut General Assembly committee issued a report in 2014 on Drone Use Regulation. It is best to read this report as it details how many Connecticut laws could apply to drones. Keep in mind this was done in 2014 so some laws could have changed.

Additionally, Connecticut Department of Energy and Environmental Protection created a page on remote controlled model aircraft or drones letting them know that their use is “prohibited at Connecticut State Parks, State Forests or other lands under the control of the Department of Energy and Environmental Protection, unless specifically authorized by the Commissioner in a Special Use License.” The page also mentions that noise, hazards, wildlife disruption regulations could apply.

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