Bill Text: OR SB853 | 2013 | Regular Session | Introduced

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Bill Title: Relating to drones; declaring an emergency.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2013-07-08 - In committee upon adjournment. [SB853 Detail]

Download: Oregon-2013-SB853-Introduced.html

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     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 4019

                         Senate Bill 853

Sponsored by Senator GEORGE

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Prohibits public body from operating drone, acquiring
information through operation of drone or disclosing information
acquired through operation of drone, except as authorized by Act.
Requires registration of drones if used by public body.
  Modifies membership of State Aviation Board. Directs Director
of Oregon Department of Aviation to study use of drones by public
bodies.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to drones; creating new provisions; amending ORS 835.102
  and 835.106; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + As used in sections 1 to 12 of this 2013 Act:
  (1) 'Drone' means an aircraft that is operated without direct
human intervention from within or on the aircraft.
  (2) 'Public body' has the meaning given that term in ORS
174.109.
  (3) 'Warrant' means a warrant issued under ORS 133.525 to
133.703. + }
  SECTION 2.  { + (1) Except as otherwise provided in sections 1
to 12 of this 2013 Act, a public body may not operate a drone,
acquire information through the operation of a drone or disclose
information acquired through the operation of a drone.
  (2) Any image or other information that is acquired through the
use of a drone by a public body in violation of sections 1 to 12
of this 2013 Act, or by any person or federal agency, and any
evidence derived from that image or information:
  (a) Is not admissible in, and may not be disclosed in, a
judicial proceeding, administrative proceeding, arbitration
proceeding or other adjudicatory proceeding; and
  (b) May not be used to establish reasonable suspicion or
probable cause to believe that an offense has been committed. + }
  SECTION 3.  { + (1) A public body may operate a drone, acquire
information through the operation of a drone and disclose
information acquired through the operation of a drone if a
warrant is issued.
  (2) A warrant authorizing the use of a drone must specify the
period for which operation of the drone is authorized. In no
event may a warrant provide for the operation of a drone for a
period of more than 30 days. Upon motion and good cause shown, a
court may renew a warrant after the expiration of the 30-day
period. + }
  SECTION 4.  { + (1) Any operation of a drone by a public body
must be limited to collection of information about the targeted
individual or area for which the use is authorized, and must
avoid collection of information on other persons or areas. Facial
recognition and other biometric matching technology may not be
used on data collected by a drone that does not relate to the
targeted individual.
  (2) Any image or other information acquired through the use of
a drone by a public body that does not relate to the targeted
individual or area, and any evidence derived from that image or
information:
  (a) Is not admissible in, and may not be disclosed in, a
judicial proceeding, administrative proceeding, arbitration
proceeding or other adjudicatory proceeding; and
  (b) May not be used to establish reasonable suspicion or
probable cause to believe that an offense has been committed.
  (3) Any image or other information acquired through the use of
a drone by a public body must be destroyed within 30 days after
the image or information is acquired unless the information is
needed as evidence in a criminal prosecution. + }
  SECTION 5.  { + A public body may operate a drone for the
purpose of acquiring information about an individual, or about
the individual's property, if the individual has given written
consent to the use of a drone for those purposes. + }
  SECTION 6.  { + A public body may operate a drone, acquire
information through the operation of a drone and disclose
information acquired through the operation of a drone for the
purpose of assisting an individual in an emergency if:
  (1) The public body reasonably believes that there is an
imminent threat to the life or safety of the individual, and
documents the factual basis for that belief; and
  (2) Not more than 48 hours after the emergency operation
begins, an official of the public body files a sworn statement
with the circuit court that describes the nature of the emergency
and the need for use of a drone. + }
  SECTION 7.  { + (1) A public body may operate a drone, acquire
information through the operation of a drone and disclose
information acquired through the operation of a drone for the
purpose of reconstruction of a specific crime scene or similar
physical assessment by a public body related to a specific
criminal investigation.
  (2) The period that a public body may operate a drone under
this section may not exceed five days for the purpose of
reconstruction of a specific crime scene or similar physical
assessment by a public body related to a specific criminal
investigation. + }
  SECTION 8.  { + (1) A public body may operate a drone, acquire
information through the operation of a drone and disclose
information acquired through the operation of a drone during a
state of emergency that is declared by the Governor under ORS
chapter 401 if:
  (a) The drone is used only for the purposes of preserving
public safety, protecting property or conducting surveillance for
the assessment and evaluation of environmental or weather related
damage, erosion or contamination; and
  (b) The drone is operated only in the geographical area
specified in a proclamation pursuant to ORS 401.165 (5).
  (2) Any evidence collected through use of a drone under this
section:
  (a) Is not admissible in, and may not be disclosed in, a
judicial proceeding, administrative proceeding, arbitration
proceeding or other adjudicatory proceeding; and
  (b) May not be used to establish reasonable suspicion or
probable cause to believe that an offense has been committed. + }
  SECTION 9.  { + (1) Not more than 10 days after the termination
of the period of authorized use specified in a warrant, the
public body that applied for the warrant shall serve a summary of
the information acquired through the operation of a drone under
the warrant on the individual named as the target in the
application, and shall file a copy of the summary with the court
that issued the warrant. The summary must include:
  (a) A statement that the warrant was issued;
  (b) The period for which use of a drone was authorized; and
  (c) A statement as to whether any image of the targeted
individual, or other information relating to the targeted
individual, was recorded.
  (2) The circuit court, upon the filing of a motion, may make
available to the targeted individual all or part of the
application made by the public body, the warrant issued by the
court and the information acquired by use of a drone, if the
judge determines that the release of the information is in the
interest of justice.
  (3) A public body may request an order delaying delivery of the
summary required under this section for a period not to exceed 10
days. The circuit court may grant the request if the court
determines that providing the summary could result in:
  (a) A risk to the life or physical safety of any person;
  (b) Flight from prosecution;
  (c) Destruction of evidence or tampering with evidence;
  (d) Intimidation of potential witnesses; or
  (e) Jeopardizing an investigation or unduly delaying a trial.
  (4) The circuit court may grant more than one delay order under
subsection (3) of this section. Upon expiration of all delay
orders, the public body that applied for the warrant shall serve
and file the summary required under subsection (1) of this
section. In addition to the information specified in subsection
(1) of this section, if the circuit court granted a delay order,
the summary must include:
  (a) The details of any delay order granted by the court; and
  (b) The grounds for granting the order or orders. + }
  SECTION 10.  { + (1) A public body may not operate a drone in
the airspace of this state without registering the drone with the
Oregon Department of Aviation.
  (2) The department may impose a civil penalty of up to $10,000
against a public body that violates subsection (1) of this
section.
  (3) The department shall establish a registry of drones
operated by public bodies and may charge a fee sufficient to
reimburse the department for the maintenance of the registry.
  (4) The department shall require the following information for
registration of a drone:
  (a) The name of the public body that owns or operates the
drone.
  (b) The name and contact information of the individuals who
operate the drone.
  (c) Identifying information for the drone as required by the
department by rule.
  (5) The department shall prepare and make available to the
public an annual report on the use of drones by public bodies.
The department shall provide a copy of the report to the State
Aviation Board and to the Legislative Assembly in the manner
provided by ORS 192.245. + }
  SECTION 11.  { + (1) Any public body that uses drones must
adopt policies, after consulting with interested persons, for the
use of drones that establish:
  (a) Training requirements for operators;
  (b) Criteria for when drones will be used;
  (c) A description of the areas in which drones may be used; and
  (d) A procedure for informing the public of the public body's
policies on the use of drones.
  (2) Use of drones by public bodies must comply with all Federal
Aviation Administration requirements and guidelines. The
acquisition of drones by an agency of a local government must be
approved by the governing body of the local government.
  (3) Each use of a drone by a public body must be fully
documented. A report on each use of a drone by a public body must
be submitted to the Oregon Department of Aviation. The department
or the State Aviation Board may audit reports submitted by public
bodies under this section. + }
  SECTION 12.  { + (1) Sections 1 to 12 of this 2013 Act do not
prevent the Armed Forces of the United States, as defined in ORS
351.642, or any component of the Oregon National Guard from using
drones during a drill, training exercise or disaster response.
  (2) Any evidence collected through the use of a drone under
this section:
  (a) Is not admissible in, and may not be disclosed in, a
judicial proceeding, administrative proceeding, arbitration
proceeding or other adjudicatory proceeding; and
  (b) May not be used to establish reasonable suspicion or
probable cause to believe that an offense has been committed. + }
  SECTION 13. ORS 835.102 is amended to read:
  835.102. (1) There is established the State Aviation Board
consisting of seven members appointed by the Governor, subject to
confirmation by the Senate pursuant to ORS 171.562 and 171.565.
The Governor shall appoint members of the board in compliance
with all of the following:
  (a) Members shall be appointed with consideration of the
different geographic regions of the state, with one member being
a resident of the area east of the Cascade Range.
  (b) Not more than four members shall belong to the same
political party. Party affiliation shall be determined by the
appropriate entry on official election registration cards.
  (2)  { + One member of the board shall represent law
enforcement agencies interested in the use of drones for law
enforcement purposes. One member of the board shall represent
members of the defense bar, or organizations interested in
limiting the use of drones for law enforcement purposes. + } The
 { - board membership - }  { +  remaining members + } shall
represent diverse aviation interests from both the private and
public sectors.
  (3) The term of office of each member is four years. Before the
expiration of the term of a member, the Governor shall appoint a
successor whose term begins on July 1 next following. A member is
eligible for reappointment. In case of a vacancy for any cause,
the Governor shall appoint a person to fill the office for the
unexpired term.
  (4) A member of the board is entitled to compensation and
expenses as provided by ORS 292.495.
  SECTION 14.  { + The amendments to ORS 835.102 by section 13 of
this 2013 Act do not apply to any member of the State Aviation
Board serving on the effective date of this 2013 Act during the
term being served by the member on the effective date of this
2013 Act. When the term of any member currently serving on the
board ends, or a position on the board becomes vacant for any
reason, the Governor shall appoint persons with the
qualifications established by the amendments to ORS 835.102 by
section 13 of this 2013 Act until two of the members meet the
qualifications established by those amendments. + }
  SECTION 15. ORS 835.106 is amended to read:
  835.106. (1) The Governor shall appoint the Director of the
Oregon Department of Aviation, subject to confirmation by the
Senate pursuant to ORS 171.562 and 171.565, who holds office at
the pleasure of the Governor.
  (2) Subject to ORS 835.017 and the policy direction by the
State Aviation Board, the director shall:
  (a) Be the administrative head of the department;
  (b) Have power, within applicable budgetary limitations, and in
accordance with ORS chapter 240, to hire, assign, reassign and
coordinate personnel of the department and prescribe their duties
and fix their compensation, subject to the State Personnel
Relations Law;
  (c) Administer the laws of the state concerning aviation;
  { - and - }
   { +  (d) Study the use of drones by public bodies, as defined
in ORS 174.109, and make recommendations to the Legislative
Assembly on policies and procedures relating to the use of drones
by public bodies; and + }
    { - (d) - }  { +  (e) + } Intervene, as authorized by the
board, pursuant to the rules of practice and procedure, in the
proceedings of state and federal agencies that may substantially
affect the interests of the consumers and providers of aviation
services within Oregon.
  (3) Subject to ORS 835.017, in addition to duties otherwise
required by law, the director shall prescribe regulations for the
government of the department, the conduct of its employees, the
assignment and performance of its business and the custody, use
and preservation of its records, papers and property in a manner
consistent with applicable law.
  (4) The director may delegate to any of the employees of the
department the exercise or discharge in the director's name of
any duty, function or power of whatever character, vested in or
imposed by law upon the director, including duties, functions or
powers delegated to the director by the board. The official act
of any person acting in the director's name and by the authority
of the director shall be considered to be an official act of the
director.
  (5) The director shall have authority to require a fidelity
bond of any officer or employee of the department who has charge
of, handles or has access to any state money or property, and who
is not otherwise required by law to give a bond. The amounts of
the bonds shall be fixed by the director, except as otherwise
provided by law, and the sureties shall be approved by the
director. The department shall pay the premiums on the bonds.
  (6) The director shall prepare and submit to the board on or
about December 31 of each year an annual report for the 12 months
ending the prior June 30. The annual report shall set forth all
that the department has done during the year. The report shall
contain a statement of the parts of the state aviation system
that were constructed, reconstructed or improved during the
period, together with a statement showing in a general way the
status of the state aviation system.
  SECTION 16.  { + This 2013 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2013 Act takes effect on
its passage. + }
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