Senate
Study
Bill
3145
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
HOGG)
A
BILL
FOR
An
Act
relating
to
the
regulation
of
unmanned
aerial
vehicles,
1
and
providing
penalties.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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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.
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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
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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
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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
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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
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