Idaho Drone State Laws

1. Idaho Drone State Laws (With Some Others Discussed) Theora Rice

2. Roadmap • Timeline of State Drone Laws • Idaho Legislation • Press Response • Private Response • Other States

3. Timeline of State Drone Laws • Virginia (March, this year) • Idaho (April, this year) • Florida • Montana • North Dakota • Tennessee • Texas • Hawaii • Alaska • Others in consideration

4. Idaho Legislation • http://www.legislature.idaho.gov/legislation/2013/S1134E2.pdf

5. Idaho Legislation - Highlights • "unmanned aircraft system" (UAS) means an unmanned aircraft vehicle, drone, remotely piloted vehicle, remotely piloted aircraft or remotely operated aircraft that is a powered aerial vehicle that does not carry a human operator, can fly autonomously or remotely and can be expendable or recoverable. • Does not include model airplanes or rockets • Unmanned system for mapping or resource management

6. Idaho Legislation - Highlights • Absent a warrant, and except for emergency response for safety, search and rescue or controlled substance investigations, no person, entity or state agency shall use an unmanned aircraft system to intentionally conduct surveillance of, gather evidence or collect information about, or photographically or electronically recordspecifically targeted persons or specifically targeted private property • Without written consent • Specific farm, dairy, ranch, and agricultural

7. Idaho Legislation - Highlights • Consequences: • Civil cause of action against surveillance perpetrator • Be entitled to gather damages, to the amount of $1000+, actual and general damages, and attorney/litigation costs

8. Idaho Legislation - Highlights • An owner of facilities located on lands owned by another under a valid easement, permit, license or other right of occupancy is not prohibited in this section from using an unmanned aircraft system to aerially inspect such facilities

9. Private Response • PETA and other Animal Rights Agencies

10. Other States • Running Table of States with Laws • https://www.aclu.org/blog/technology-and-liberty/status-domestic-drone-legislation-states • Virginia – Prohibits use for any agency “having jurisdiction over criminal law enforcement or regulatory violations” until July 1 2015 • Florida – law enforcement may use if there is a warrant, terrorist threat, or swift action is needed • Montana – When information using UAVs can be admitted as evidence

11. Other States • North Dakota – $1,000,000 from state general fund to pursue a designation as a federal UAS test bed • Tennessee – law enforcement may use if there is a warrant, terrorist threat, or swift action is needed • Texas – Enumerates nineteen lawful uses • Hawaii – Allocates funds for professional unmanned aircraft systems pilot program • Alaska – Created a task force to review Federal Aviation Administration regulations on drones

12. Citations • http://www.ncsl.org/issues-research/justice/unmanned-aerial-vehicles.aspx • https://www.aclu.org/blog/technology-and-liberty/status-domestic-drone-legislation-states • http://www.washingtonpost.com/blogs/wonkblog/wp/2013/06/18/can-state-laws-protect-you-from-being-watched-by-drones/