CSSB 136(JUD): "An Act relating to unmanned aircraft systems; and relating to images captured by an unmanned aircraft system."

00 CS FOR SENATE BILL NO. 136(JUD) 01 "An Act relating to unmanned aircraft systems; and relating to images captured by an 02 unmanned aircraft system." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 14.40 is amended by adding a new section to read: 05 Sec. 14.40.082. Unmanned aircraft system training. The University of 06 Alaska may establish a training program in the operation of unmanned aircraft 07 systems. 08 * Sec. 2. AS 18.65 is amended by adding new sections to read: 09 Article 13. Law Enforcement Use of Unmanned Aircraft Systems. 10 Sec. 18.65.900. Use of unmanned aircraft systems. Except as provided in 11 AS 18.65.900 - 18.65.909, a law enforcement agency may not use an unmanned 12 aircraft system. 13 Sec. 18.65.901. Operational requirements for unmanned aircraft systems. 14 (a) A law enforcement agency shall adopt procedures for the use of unmanned aircraft

01 systems. The procedures adopted under this section must require, at a minimum, that 02 the law enforcement agency 03 (1) obtain any authorization, permit, or certificate required by the 04 Federal Aviation Administration to operate the unmanned aircraft system; 05 (2) allow the unmanned aircraft system to be operated only by 06 unmanned aircraft system pilots and crew members who have been trained and 07 certified in the operation of the unmanned aircraft system and only under the 08 supervision of officials trained in the policies and procedures governing the use of the 09 unmanned aircraft system; 10 (3) provide that the flight of an unmanned aircraft system be approved 11 by the commissioner or deputy commissioner of public safety or the chief 12 administrative officer of the law enforcement agency or the officer's designee; 13 (4) ensure that the flight of an unmanned aircraft system be for a 14 public purpose; 15 (5) maintain a record of each flight, including the time, date, and 16 purpose of the flight, and the identity of the authorizing official; 17 (6) establish an auditable flight record system, including the 18 documentation of a change in a flight time record; 19 (7) establish a method for notifying the public of the operation of an 20 unmanned aircraft system, unless notifying the public would endanger the safety of a 21 person; 22 (8) provide for community involvement in the development of the 23 policies required in this section, including the consideration of public comment. 24 (b) In this section, "chief administrative officer" has the meaning given in 25 AS 18.65.290. 26 Sec. 18.65.902. Use of an unmanned aircraft system by a law enforcement 27 agency. A law enforcement agency may use an unmanned aircraft system 28 (1) to gather evidence in a criminal investigation 29 (A) under the express terms of a search warrant issued under 30 AS 12.35; or 31 (B) in accordance with a judicially recognized exception to the

01 warrant requirement in AS 12.35; or 02 (2) in situations and for uses not involving a criminal investigation and 03 not intended to lead to the production of evidence for use in a criminal investigation, if 04 the use does not constitute an unwarranted invasion of personal privacy and is 05 consistent with the procedures in AS 18.65.901. 06 Sec. 18.65.903. Retention of images; confidentiality. (a) A law enforcement 07 agency may not retain images captured by an unmanned aircraft system unless 08 retention of the image is required 09 (1) as part of an investigation or prosecution; 10 (2) for training purposes; or 11 (3) by federal or state law or by municipal ordinance. 12 (b) Images that may not be retained under (a) of this section are confidential 13 and are not public records under AS 40.25.100 - 40.25.295. 14 (c) Images retained under this section are subject to AS 40.25.100 - 40.25.295 15 and the exceptions to disclosure under AS 40.25.100 - 40.25.295. 16 Sec. 18.65.909. Definitions. In AS 18.65.900 - 18.65.909, 17 (1) "law enforcement agency" has the meaning given in AS 12.36.090; 18 (2) "unmanned aircraft system" means an unmanned aircraft that is 19 operated without direct human intervention from inside or on the aircraft and includes 20 the associated support equipment, control station, data links, telemetry, 21 communications, and navigation equipment necessary to operate the unmanned 22 aircraft; 23 (3) "unmanned aircraft system crew member" means a person other 24 than an unmanned aircraft system pilot who is assigned to duties related to an 25 unmanned aircraft system during flight; 26 (4) "unmanned aircraft system pilot" means a person exercising control 27 over an unmanned aircraft system during flight. 28 * Sec. 3. AS 29.10.200 is amended by adding a new paragraph to read: 29 (63) AS 29.35.146 (images captured by unmanned aircraft systems). 30 * Sec. 4. AS 29.35 is amended by adding a new section to article 2 to read: 31 Sec. 29.35.146. Regulation of unmanned aircraft systems. (a) A

01 municipality may not adopt an ordinance that permits the release of images captured 02 by an unmanned aircraft system in a manner inconsistent with AS 18.65.903. 03 (b) In this section, "unmanned aircraft system" has the meaning given in 04 AS 18.65.909.