03/07/2014 01:30 PM Senate JUDICIARY

                SB 136-UNMANNED AIRCRAFT SYSTEMS                                                                            
                                                                                                                                
1:34:16 PM                                                                                                                    
CHAIR  COGHILL announced  the  consideration of  SB  136. "An  Act                                                              
relating  to unmanned  aircraft  systems; and  relating to  images                                                              
captured by  an unmanned aircraft  system." He noted  the proposed                                                              
committee substitute (CS).                                                                                                      
                                                                                                                                
1:34:31 PM                                                                                                                    
SENATOR OLSON moved  to adopt CS for SB 136,  labeled 28-LS1316\U,                                                              
as the  working document.  There  was no objection  and Version  U                                                              
was adopted.                                                                                                                    
                                                                                                                                
CHAIR  COGHILL asked  for an  explanation of  the changes  between                                                              
versions A and U.                                                                                                               
                                                                                                                                
SENATOR  OLSON   summarized  that   SB  136   is  the   result  of                                                              
recommendations  by   the  Legislative  Task  Force   on  Unmanned                                                              
Aircraft  Systems. The  bill allows  the University  of Alaska  to                                                              
establish  a  training  program  for  the  operation  of  unmanned                                                              
aircraft systems  and speaks to  law enforcement uses  and privacy                                                              
issues.  He  noted  that  the  bill  works  with  an  accompanying                                                              
resolution  to extend  the  task  force for  three  years. The  CS                                                              
clarifies  the  parameters  for   the  use  of  unmanned  aircraft                                                              
systems by law enforcement agencies.                                                                                            
                                                                                                                                
1:37:11 PM                                                                                                                    
SENATOR DYSON  asked if  the CS added  the language  that requires                                                              
law  enforcement  to  obtain  a warrant  before  doing  an  aerial                                                              
survey.                                                                                                                         
                                                                                                                                
SENATOR  OLSON answered  yes;  the intention  was  to protect  the                                                              
privacy of individuals.                                                                                                         
                                                                                                                                
SENATOR  DYSON commented  on monitoring  utility  bills to  locate                                                              
marijuana growing  operations and asked  if the Department  of Law                                                              
was available.                                                                                                                  
                                                                                                                                
SENATOR  OLSON suggested  the committee  hear  from Ms.  Blaisdell                                                              
who was working on companion legislation.                                                                                       
                                                                                                                                
1:39:03 PM                                                                                                                    
GINGER BLAISDELL,  Staff, Representative Shelley  Hughes, reported                                                              
that  she also  helped staff  Legislative Task  Force on  Unmanned                                                              
Aircraft  Systems that  Representative  Hughes  and Senator  Olson                                                              
co-chaired.  SB  136  addresses  the items  that  the  task  force                                                              
identified  that could be  specifically addressed  in a  bill. She                                                              
clarified  that a separate  piece  of legislation  that is  not in                                                              
this committee extends the task force and expands the duties.                                                                   
                                                                                                                                
MS.  BLAISDELL  explained  that   the  CS  makes  two  significant                                                              
changes. On  page 2, line 26,  Sec. 18.65.902 talks about  the use                                                              
of  an  unmanned  aircraft  by   a  law  enforcement  agency.  The                                                              
original language  said an  unmanned aircraft  could only  be used                                                              
in a criminal  investigation. That left out the  positive uses for                                                              
things  like  search and  rescue  and  amber alerts.  The  amended                                                              
language  eliminates the  reference to  criminal investigation  so                                                              
it can sweep  in those search and  rescue type of events  by a law                                                              
enforcement  agency. In that  section, paragraph  (1) talks  about                                                              
gathering  evidence in a  criminal investigation  under the  terms                                                              
of a search warrant.  Paragraph (2) in that section  addresses the                                                              
use in  situations that  don't involve  a criminal  investigation.                                                              
It  must be  for  a public  purpose  and  must not  constitute  an                                                              
unwarranted invasion of personal privacy.                                                                                       
                                                                                                                                
The  second change,  found on  page 3,  Sec. 18.65.903,  basically                                                              
says that images  cannot be retained. Other areas  of existing law                                                              
specifically  describe to law  enforcement when  and for  how long                                                              
images must be retained.                                                                                                        
                                                                                                                                
SENATOR  DYSON   indicated  he  didn't   need  to  speak   to  the                                                              
Department of Law before the bill was reported from committee.                                                                  
                                                                                                                                
1:44:09 PM                                                                                                                    
SENATOR  DYSON moved  to report  CS for  SB 136,  Version U,  from                                                              
committee  with  individual recommendations  and  attached  fiscal                                                              
note(s).                                                                                                                        
                                                                                                                                
CHAIR  COGHILL announced  that  without objection,  CSSB  136(JUD)                                                              
passed out of the Senate Judiciary Standing Committee.