HCS/HBs 178, 179 & 401- This act establishes the "Preserving Freedom from Unwarranted Surveillance Act."Under this act, no state agency or local law enforcement agency shall operate a drone or other unmanned aircraft to gather evidence, except as authorized by a warrant. A law enforcement agency may operate a drone without a warrant in emergency situations such as fires, hostage crises, hot pursuit situations, and search and rescue operations.
No person or entity shall operate a drone to conduct surveillance of property owned by an individual or facility engaged in agricultural industry without the consent of the property owner.
This act shall not apply to law enforcement agencies operating pursuant to an authorized warrant, a higher education institution conducting educational research, a manufacturer, professional land surveyor or real estate agency in the course of selling property, and other person or entities as provided in the act.
A person may bring a civil action to obtain damages against a person violating this act and no evidence collected in violation of this act shall be admissible in a criminal proceeding. Sovereign immunity is waived for any civil action resulting from a violation of this act.
Additionally, this act repeals provisions relating to obtaining permission from a chief law enforcement officer to place surveillance cameras on private property.
Finally, this act changes the penalty for the offense of unlawful use of an unmanned aircraft over an open-air facility from an infraction to a class A misdemeanor and repeals provisions relating to posting a sign warning against drones.
MARY GRACE PRINGLE