S.F. _____ Section 1. NEW SECTION . 801C.1 Use of unmanned aerial 1 vehicles —— exceptions —— penalties. 2 1. As used in this section, unless the context otherwise 3 requires: 4 a. “Agency” means a state agency or a political subdivision 5 of this state or any person acting on behalf of the state 6 agency or the political subdivision. 7 b. “Unmanned aerial vehicle” means an aircraft that is 8 operated without the possibility of direct human intervention 9 from within or on the aircraft. 10 2. Any use of an unmanned aerial vehicle shall fully comply 11 with all federal aviation administration requirements and 12 guidelines, and the acquisition of unmanned aerial vehicles at 13 the county, city, or local governmental level shall be approved 14 by the county board of supervisors, city council, or other 15 supervisory legislative body that oversees the agency. 16 3. Except as provided in subsection 4, an agency shall 17 not operate an unmanned aerial vehicle or disclose or receive 18 information acquired through the operation of an unmanned 19 aerial vehicle. 20 4. An agency may disclose or receive information acquired 21 through the use of an unmanned aerial vehicle under the 22 following circumstances: 23 a. The agency has received written consent to receive or 24 disclose information from the person whose information was 25 acquired. 26 b. An emergency exists based on a reasonable belief that 27 an imminent threat exists to the life or safety of a person 28 subject to the following limitations: 29 (1) The agency documents a factual basis for the use of the 30 unmanned aerial vehicle under this subsection. 31 (2) Within forty-eight hours of the emergency use under this 32 subsection, a supervisory official of the agency files a sworn 33 statement with the court detailing the grounds for using the 34 unmanned aerial vehicle in the emergency. 35 -1- LSB 5436SC (2) 85 jm/rj 1/ 5

S.F. _____ c. One of the following applies: 1 (1) A search warrant has been issued under the conditions 2 of section 808.2 authorizing the collection information from 3 a nonpublic area. 4 (2) A search warrant has been issued under the conditions of 5 section 808.2 authorizing the collection of information from a 6 public area or a court order has been issued authorizing the 7 collection of information from a public area if the agency 8 offers specific articulable facts demonstrating reasonable 9 suspicion of criminal activity, that the operation of an 10 unmanned aerial vehicle is necessary to uncover such activity, 11 and that alternative methods of collecting information are 12 cost-prohibitive or present a significant risk to a person’s 13 bodily safety. 14 d. The agency does not use the information collected or 15 any evidence derived from such information as evidence in any 16 civil, criminal, or administrative proceeding, or any other 17 proceeding before a regulatory body, legislative committee, 18 or other authority within this state, or for any intelligence 19 purpose. 20 5. When an unmanned aerial vehicle is used pursuant to 21 subsection 4, the unmanned aerial vehicle shall be operated 22 in a manner as to collect data only on the target and shall 23 avoid data collection on a person, home, or area other than 24 the target. Facial recognition or other biometric matching 25 technology on an unmanned aerial vehicle shall not be used on 26 any person other than the targeted person. 27 6. An unmanned aerial vehicle shall not be equipped with 28 weapons. 29 7. Information collected on a person, home, or area other 30 than the target that justified the use of the unmanned aerial 31 vehicle, shall not be used, copied, or disclosed for any 32 purpose by the agency. Such information shall be destroyed 33 within twenty-four hours of collection. 34 8. Except to prove a violation of this section, information 35 -2- LSB 5436SC (2) 85 jm/rj 2/ 5

S.F. _____ obtained in violation of this section shall not be admissible 1 in any civil, criminal, or administrative proceeding, or 2 any other proceeding before a regulatory body, legislative 3 committee, or other authority within this state. 4 9. a. A person who maliciously and without just cause 5 procures a search warrant to be issued and executed under this 6 section violates section 808.10. 7 b. Anyone who, in executing a search warrant, willfully 8 exceeds the person’s authority, or exercises it with 9 unnecessary severity, violates section 808.10. 10 10. a. On June 30, 2015, and every June 30 thereafter, 11 each agency using an unmanned aerial vehicle shall provide the 12 department of public safety with the following information: 13 (1) The number of instances an unmanned aerial vehicle was 14 used by the agency and the purpose of each use. 15 (2) The number of crime investigations aided by the use of 16 an unmanned aerial vehicle and a description of how the use of 17 an unmanned aerial vehicle aided each investigation. 18 (3) The number of instances an unmanned aerial vehicle was 19 used for purposes other than in a criminal investigation and a 20 description of how the use of the unmanned aerial vehicle aided 21 in that purpose. 22 (4) The annual cost of the unmanned aerial vehicle program 23 of the agency. 24 b. The department of public safety shall compile the 25 information provided by the agencies under this subsection and 26 present a report detailing the use of unmanned aerial vehicles 27 to the general assembly by January 15, 2016, and every January 28 15 thereafter. 29 EXPLANATION 30 The inclusion of this explanation does not constitute agreement with 31 the explanation’s substance by the members of the general assembly. 32 This bill relates to the regulation of unmanned aerial 33 vehicles, and provides penalties. 34 The bill defines “unmanned aerial vehicle” to mean an 35 -3- LSB 5436SC (2) 85 jm/rj 3/ 5

S.F. _____ aircraft that is operated without the possibility of direct 1 human intervention from within or on the aircraft. 2 The bill applies to a state agency or a political subdivision 3 of this state or any person acting on behalf of the state 4 agency or the political subdivision (hereinafter referred to 5 as “agency”). 6 The bill specifies that the use of an unmanned aerial vehicle 7 shall fully comply with all federal aviation administration 8 requirements and guidelines, and the acquisition of unmanned 9 aerial vehicles at the local governmental level shall be 10 approved by the county board of supervisors, city council, or 11 other supervisory legislative body that oversees the agency. 12 The bill prohibits an agency from operating an unmanned 13 aerial vehicle or disclosing or receiving information acquired 14 through the operation of an unmanned aerial vehicle, except 15 under certain circumstances. 16 An agency may disclose or receive information acquired 17 through the use of an unmanned aerial vehicle under the 18 following circumstances: the person whose information was 19 acquired provided written consent to the agency to receive 20 and disclose such information; an emergency exists in which 21 there is a threat to the life or safety of a person and 22 the agency documents to the court a factual basis for the 23 use of the unmanned aerial vehicle within 48 hours of the 24 emergency; a search warrant has been issued authorizing the 25 collection information from a public or nonpublic area; or 26 a court order has been issued authorizing the collection of 27 information from a public area if the agent offers specific 28 articulable facts demonstrating reasonable suspicion of 29 criminal activity; that alternative methods of collecting 30 information are cost-prohibitive or present a significant risk 31 to a person’s bodily safety; or the agency of the state does 32 not use the information collected or any evidence derived 33 from such information as evidence in any civil, criminal, or 34 administrative proceeding, or any other proceeding, or for any 35 -4- LSB 5436SC (2) 85 jm/rj 4/ 5

S.F. _____ intelligence purpose. 1 The bill specifies that when an unmanned aerial vehicle 2 is used by an agency, the unmanned aerial vehicle shall be 3 operated in a manner as to collect data only on the target 4 and shall avoid data collection on a person, home, or area 5 other than the target. The bill further specifies that facial 6 recognition or other biometric matching technology on an 7 unmanned aerial vehicle shall not be used on any person other 8 than the targeted person. 9 The bill prohibits an unmanned aerial vehicle from being 10 equipped with weapons. 11 Information collected from the use of an unmanned aerial 12 vehicle on a person, home, or area other than the target that 13 justified the use of the unmanned aerial vehicle, shall not be 14 used, copied, or disclosed for any purpose by the agency. The 15 bill requires such information to be destroyed within 24 hours 16 of collection. 17 The bill requires each agency using an unmanned aerial 18 vehicle to annually provide the department of public safety 19 with information relating to the unmanned aerial vehicle’s 20 use. The bill also requires the department of public safety 21 to compile such information and file a report relating to the 22 use of unmanned aerial vehicles beginning January 15, 2016, and 23 every January 15 thereafter. 24 A person who maliciously and without just cause procures a 25 search warrant to be issued and executed under the bill commits 26 a serious misdemeanor. 27 A person who, in executing a search warrant, willfully 28 exceeds the person’s authority, or exercises it with 29 unnecessary severity, commits a serious misdemeanor. 30 A serious misdemeanor is punishable by confinement for no 31 more than one year and a fine of at least $315 but not more than 32 $1,875. 33 -5- LSB 5436SC (2) 85 jm/rj 5/ 5