Legislature(2013 - 2014)CAPITOL 120

02/12/2014 01:00 PM House JUDICIARY


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ HB 218 PENALTY: ASSAULT ON CORRECTIONAL EMPLOYEE TELECONFERENCED
Heard & Held
*+ HB 255 UNMANNED AIRCRAFT SYSTEMS TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
                HB 255-UNMANNED AIRCRAFT SYSTEMS                                                                            
                                                                                                                                
2:26:15 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE PRUITT announced the  next order of business would                                                               
be  House  Bill  255,  "An  Act  relating  to  unmanned  aircraft                                                               
systems; and relating to images  captured by an unmanned aircraft                                                               
system."  [Before the committee is CSHB 47(STA)]                                                                                
                                                                                                                                
2:26:53 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SHELLY HUGHES,  Alaska State Legislature, speaking                                                               
as one of the joint prime  sponsors of HB 255, explained that the                                                               
bill is  the result of  recommendations by the  Unmanned Aircraft                                                               
Systems  Legislative Task  Force that  met over  the interim  and                                                               
received input from  the Department of Public Safety  (DPS).  The                                                               
bill  allows the  University of  Alaska to  establish a  training                                                               
program  for  the  operation of  unmanned  aircraft  systems  and                                                               
speaks  to  law enforcement  operation  requirements  for use  in                                                               
criminal investigations,  the retention  of images,  and provides                                                               
definitions.   Unmanned   aircraft   systems  are   an   emerging                                                               
technology  and  the  task  force believes  it  is  important  to                                                               
harness  it for  good  and at  the same  time  attend to  privacy                                                               
issues.   She opined  that Alaska is  fortunate to  have explicit                                                               
[privacy] provisions in its state  constitution that are actually                                                               
stronger  than those  in the  U.S. Constitution.   She  noted the                                                               
bill applies to  DPS and all law  enforcement agencies, including                                                               
at the  local level.   Since unmanned  aircraft is  becoming more                                                               
affordable and  potentially something that local  law enforcement                                                               
agencies might  decide to  use, although she  was unaware  of any                                                               
using it at  this time, she opined that it  is important to apply                                                               
the bill across the board.                                                                                                      
                                                                                                                                
2:30:01 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LEDOUX requested  the definition  of an  unmanned                                                               
aircraft pilot and crewmember.                                                                                                  
                                                                                                                                
REPRESENTATIVE  HUGHES  directed  Representative  LeDoux  to  the                                                               
definitions located on page 3, of the bill.                                                                                     
                                                                                                                                
2:30:41 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LEDOUX  asked whether  there  is  someone on  the                                                               
ground pushing a lever that causes the unmanned aircraft to fly.                                                                
                                                                                                                                
REPRESENTATIVE HUGHES  noted the Federal  Aviation Administration                                                               
(FAA) addresses  all of the  safety and operations  regarding use                                                               
of  unmanned aircraft.   In  response  to Representative  LeDoux,                                                               
Representative Hughes  explained there must be  a certified pilot                                                               
on the  ground operating a computer  or device and there  must be                                                               
an  observer as  well.   She further  explained that  one of  the                                                               
reasons the  legislature set up  the task force, she  opined, was                                                               
that there will  be manned aircraft and unmanned  aircraft all in                                                               
the same air  space, and thus the need for  qualified crews.  She                                                               
added  there is  a  target date  of 2015  to  begin to  integrate                                                               
unmanned aircraft into national airspace.                                                                                       
                                                                                                                                
2:32:21 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LEDOUX  questioned  if   the  crew  would  be  an                                                               
assistant to the pilot who is the operator.                                                                                     
                                                                                                                                
2:32:41 PM                                                                                                                    
                                                                                                                                
GINGER  BLAISDELL, Staff,  Representative Shelley  Hughes, Alaska                                                               
State  Legislature,  specified the  definitions  of  a pilot  and                                                               
crewmember  and unmanned  aircraft  are  consistent with  federal                                                               
law.   She explained that  the pilot  of an unmanned  aircraft is                                                               
someone who is  actually trained as an airline pilot  and able to                                                               
speak to an FAA tower as  a pilot who understands the language of                                                               
operating  an aircraft  in  national air  space.   Ms.  Blaisdell                                                               
described the  crewmember as  a good  "gamer," someone  who could                                                               
work a computer console well,  follow the aircraft while watching                                                               
it on a  screen, read responses coming through  the computer, and                                                               
determine how to guide the unmanned  aircraft and direct it.  She                                                               
expressed that  the combination of  an individual  with excellent                                                               
computer skills and a pilot are  the two people needed to operate                                                               
an unmanned aircraft.                                                                                                           
                                                                                                                                
REPRESENTATIVE  LEDOUX surmised  then  that it  is  similar to  a                                                               
grownup   computer  game   except   that   it  involves   serious                                                               
consequences if the individuals make a mistake.                                                                                 
                                                                                                                                
2:34:00 PM                                                                                                                    
                                                                                                                                
MS.  BLAISDELL pointed  out  that currently  the  pilot and  crew                                                               
member are discussed  as being on the ground because  that is the                                                               
most  typical  place unmanned  aircraft  is  being used  at  this                                                               
point.     However,   Representative  Hughes's   office  recently                                                               
received an article  denoting a crewmember and pilot  in a Cessna                                                               
following and chasing  an unmanned aircraft to  determine if they                                                               
have  "sense and  avoid"  technology.   There  is  no human,  she                                                               
emphasized, in the unmanned aircraft.                                                                                           
                                                                                                                                
2:34:31 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HUGHES,  in  response to  Representative  LeDoux,                                                               
confirmed  that  there could  be  future  unmanned aircraft  with                                                               
passengers  and no  pilot.    In fact,  Mrs.  Ro Bailey,  Special                                                               
Projects Coordinator,  University of  Alaska Fairbanks, was  in a                                                               
military aircraft in  which the pilot let go of  the controls and                                                               
a pilot controlled the aircraft on the ground.                                                                                  
                                                                                                                                
2:35:40 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG indicated  that  unmanned aircraft  are                                                               
not that unusual as a missile  is an unmanned aircraft and roller                                                               
coasters are controlled  from the ground.   However, he suggested                                                               
that for a large bomb, a  pilot and co-pilot would seem necessary                                                               
in case the pilot has a heart attack, for instance.                                                                             
                                                                                                                                
REPRESENTATIVE  HUGHES related  that the  FAA will  be addressing                                                               
such issues.  Currently, there  are six test sites, including one                                                               
in  Alaska, that  are working  out issues  so regulations  can be                                                               
defined and  refined.   She said  she was  not familiar  with FAA                                                               
regulations regarding manned aircraft,  but suggested the size of                                                               
the unmanned aircraft may be part of its decision.                                                                              
                                                                                                                                
REPRESENTATIVE  LYNN advised  that when  he  flew a  F94C in  the                                                               
military,  the  aircraft  had  "data  link"  and  could  then  be                                                               
controlled by  another pilot on the  ground.  In fact,  the space                                                               
shuttle, although manned can land itself.                                                                                       
                                                                                                                                
2:39:14 PM                                                                                                                    
                                                                                                                              
REPRESENTATIVE PRUITT addressed whether  the bill limits the size                                                               
of the  unmanned aircraft  or is the  legislature was  waiting on                                                               
the federal government to determine the size.                                                                                   
                                                                                                                                
2:40:24 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HUGHES  explained that  although there  is nothing                                                               
in HB 255 to restrict the  size, the FAA does have very stringent                                                               
restrictions that  nothing can  be dropped  from an  aircraft, in                                                               
order to avoid an unmanned aircraft being used as a weapon.                                                                     
                                                                                                                                
REPRESENTATIVE  PRUITT queried  as to  whether conversations  are                                                               
taking place  regarding commercial  viability as  in transporting                                                               
items to rural  areas or were there still limitations  on that at                                                               
this point.                                                                                                                     
                                                                                                                                
REPRESENTATIVE HUGHES advised  that although the goal  is to open                                                               
up national air  space for unmanned aircraft  for commercial use,                                                               
currently it  was only  for public entities.   She  recalled that                                                               
DPS is considering  an [unmanned aircraft with a  size of] around                                                               
50 pounds.   She  then informed  the committee  of the  first two                                                               
incidents in  which unmanned aircraft were  used in the U.S.   In                                                               
August 2013  unmanned aircraft were  used twice in Alaska  by the                                                               
oil industry;  the unmanned aircraft  had about a 9-10  foot wing                                                               
span and weighed less than 50 pounds.                                                                                           
                                                                                                                                
2:42:35 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE PRUITT,  referring to the proposed  language in AS                                                               
18.65.902, acknowledged  the task  force is considering  a number                                                               
of  hypotheticals and  specific  parameters, but  inquired as  to                                                               
what the  expectations are regarding law  enforcement utilization                                                               
for these types of aircraft.                                                                                                    
                                                                                                                                
2:44:04 PM                                                                                                                    
                                                                                                                                
LIEUTENANT STEVE ADAMS, Statewide  Search and Rescue Coordinator,                                                               
Alaska  State Troopers,  Department of  Public Safety,  responded                                                               
that the primary missions within  DPS for which unmanned aircraft                                                               
would  be used  is for  the mapping  of serious  injury or  fatal                                                               
traffic  collisions.   The  unmanned  aircraft  would save  time,                                                               
particularly in  locations such  as the  Seward Highway  or Glenn                                                               
Highway where there are no other  routes to reroute traffic.  The                                                               
unmanned  aircraft  could  be  utilized   in  search  and  rescue                                                               
missions  in dangerous  places such  as rough  canyons or  rivers                                                               
where officers would not place anyone  on the ground and it would                                                               
be too dangerous for a  manned aircraft.  Unmanned aircraft would                                                               
be  used  in situations  such  as  Amber alerts,  Silver  alerts,                                                               
hazardous  material  spills,  natural  disasters,  and  terrorism                                                               
incidents, situations  in which  it would be  dangerous to  use a                                                               
manned aircraft  to look  at a possible  explosive, and  also for                                                               
situational awareness for barricaded individuals who are armed.                                                                 
                                                                                                                                
2:45:24 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE PRUITT  posed a  scenario in  which DPS  flies the                                                               
unmanned  aircraft   system  over   a  home  with   a  barricaded                                                               
individual in an  attempt to understand the  situation and obtain                                                               
feedback and  during the fly  over captures a crime  taking place                                                               
two  houses away.    He  asked whether  DPS  could utilize  those                                                               
images  and  the  information   obtained  to  arrest  individuals                                                               
committing  a crime  separate from  the original  intent for  the                                                               
unmanned aircraft.                                                                                                              
                                                                                                                                
LIEUTENANT  ADAMS characterized  the situation  as a  complicated                                                               
legal question and that he believes  is for the courts to decide.                                                               
Currently, DPS  faces has  the same  types of  situations without                                                               
unmanned aircraft  and those are  often addressed  in evidentiary                                                               
hearings, he related.                                                                                                           
                                                                                                                                
2:47:02 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HUGHES  pointed  out  that  this  legislation  is                                                               
trying to  be neutral on  technology since it  is a tool  that is                                                               
not good or bad itself.   As Lieutenant Adams mentioned, DPS uses                                                               
cameras on  a pole, buildings,  and vehicles to receive  the same                                                               
type of  images and the legislation  tries not to single  out the                                                               
unmanned aircraft in a manner that penalizes it.                                                                                
                                                                                                                                
2:48:21 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG related his  understanding that the only                                                               
change  embodied  in  CSHB  255  (STA) is  the  deletion  of  the                                                               
language on page 2, lines 24-26, of the original bill.                                                                          
                                                                                                                                
2:49:12 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HUGHES confirmed that was  the only change and was                                                               
unnecessary as all  of the important pieces  of the International                                                             
Association of  Chiefs of Police, Recommended  Guidelines for the                                                             
Use  of Unmanned  Aircraft is  included in  the legislation.   In                                                             
further  response  to  Representative  Gruenberg,  Representative                                                               
Hughes   advised  the   operation   requirements  specifies   law                                                               
enforcement can  use an unmanned  aircraft outside of  a criminal                                                               
investigation.   Furthermore, the operations  requirements ensure                                                               
that  individual Alaskans'  privacy protections  are upheld,  she                                                               
opined.                                                                                                                         
                                                                                                                                
2:52:03 PM                                                                                                                    
                                                                                                                                
DEAN   DAWSON,  Statewide   Archivist,  Statewide   Archives  and                                                               
Museums,  Department of  Education and  Early Development  (EED),                                                               
advised  that state  records law,  AS 40.21,  does require  state                                                               
agencies to retain  their records in accordance  with a schedule.                                                               
Mr. Dawson contended that according  to state law, the Department                                                               
of Public Safety would have to  retain images under law and under                                                               
records  retention schedules  as the  images do  constitute state                                                               
records  material.   For example,  murder cases  filed under  the                                                               
Department  of  Law's retention  schedules  are  retained for  50                                                               
years  and all  other felonies  are retained  for 10  years.   If                                                               
these images  were used as evidence  the images would need  to be                                                               
retained for a certain length  of time and, therefore, Mr. Dawson                                                               
expressed  concerned that  using  the "negative"  in proposed  AS                                                               
18.65.903 might not be in compliance with state records laws.                                                                   
                                                                                                                                
2:53:43 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LEDOUX asked  if the language on  believed page 3,                                                               
lines 7-10, would cover Mr. Dawson's concerns.                                                                                  
                                                                                                                                
MR. DAWSON  responded that  it would cover  his concerns,  but it                                                               
was "kind of  flip flopped" in that  if it is a  public record it                                                               
"shall" be retained according to  a specific retention timeframe.                                                               
He felt  it somewhat connoted  that these images are  not records                                                               
when in fact  they are records and even though  the images may be                                                               
ephemeral  or transitory  they  are still  record  material.   He                                                               
acknowledged  privacy  concerns  with personal  information,  but                                                               
believed  the public  had an  interest  in knowing  the state  is                                                               
retaining records as per its policies.                                                                                          
                                                                                                                                
2:54:36 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG suggested  that  Mr.  Dawson, the  bill                                                               
sponsor, and legal counsel could  review whether language changes                                                               
are necessary.                                                                                                                  
                                                                                                                                
REPRESENTATIVE  PRUITT  related  his preference  for  the  bill's                                                               
language as he  did not want the images retained  unless there is                                                               
a  specific reason.   He  further related  his preference  for as                                                               
little as possible  is retained.  He characterized  it as privacy                                                               
and cost issue.                                                                                                                 
                                                                                                                                
2:55:40 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LYNN  pointed out  that images are  being captured                                                               
everywhere.   For instance, the Boston  Marathon bombing culprits                                                               
were arrested  and incarcerated due  to images captured  by video                                                               
cameras on  the street.   He noted  those images could  well have                                                               
been captured by an unmanned vehicle, if available.                                                                             
                                                                                                                                
2:56:27 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG surmised from  Mr. Dawson's remarks that                                                               
the  language on  page 3  of the  bill may  be superseded  by law                                                               
already  on  the  books  that  require  images  to  be  retained.                                                               
Therefore,   to  achieve   Representative  Pruitt's   desire  the                                                               
language would  have to be  changed.   To that end,  he suggested                                                               
that possibly  a committee  member could  review the  matter with                                                               
Mr. Svobodny to determine whether  both the Department of Law and                                                               
the State Archivist's  Office could be accommodated  in this bill                                                               
or the public record's law.                                                                                                     
                                                                                                                                
REPRESENTATIVE  LEDOUX suggested  that  the language  on page  3,                                                               
line   7,   addresses   specific  situations   such   as   murder                                                               
investigations  in which  records need  to  be retained.     With                                                               
regard to  Representative Pruitt's concerns, other  statutes that                                                               
may require  records be retained  may be.  However,  for purposes                                                               
of  this bill,  Representative  LeDoux  said she  did  not see  a                                                               
problem.                                                                                                                        
                                                                                                                                
REPRESENTATIVE GRUENBERG  clarified he did not  necessarily see a                                                               
problem  with the  language, but  the archivist  has expressed  a                                                               
concern.                                                                                                                        
                                                                                                                                
2:59:15 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE PRUITT  announced public  testimony open  would be                                                               
left open and HB 255 would be held over.                                                                                        
                                                                                                                                

Document Name Date/Time Subjects
HB 218 Sponsor Statement.pdf HJUD 2/12/2014 1:00:00 PM
HB 218
HB 218 ver. A.pdf HJUD 2/12/2014 1:00:00 PM
HB 218
HB 218 Proposed Amendment A.2.pdf HJUD 2/12/2014 1:00:00 PM
HB 218
HB 218 Legal Memo re Amendment A.2.pdf HJUD 2/12/2014 1:00:00 PM
HB 218
HB 218 Leg. Legal Memo.pdf HJUD 2/12/2014 1:00:00 PM
HB 218
HB 218 Supporting Document~AS 12.55.155.pdf HJUD 2/12/2014 1:00:00 PM
HB 218
HB 218 Fiscal Note Court System.pdf HJUD 2/12/2014 1:00:00 PM
HB 218
HB 218 Fiscal Note~DOC.pdf HJUD 2/12/2014 1:00:00 PM
HB 218
HB 218 Fiscal Note~Law.pdf HJUD 2/12/2014 1:00:00 PM
HB 218
HB 218 Fiscal Note~OPA.pdf HJUD 2/12/2014 1:00:00 PM
HB 218
HB 218 Fiscal Note~Public Defender Agency.pdf HJUD 2/12/2014 1:00:00 PM
HB 218
CSHB 255 ver. C work draft.pdf HJUD 2/12/2014 1:00:00 PM
HB 255