Drones; moratorium on use of unmanned aircraft systems by state or local government department, etc. (SB1331)

Introduced By

Sen. Don McEachin (D-Richmond)

Progress

Introduced
Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law

Description

Limitations on use of drone aircraft. Provides that no state agency or organization having jurisdiction over criminal law enforcement or regulatory violations, including but not limited to the Department of State Police nor any department of law enforcement of any city, county or town, shall procure a public unmanned aircraft system (drone aircraft) without the approval of the General Assembly or the local governing body, respectively. The bill requires a warrant for use of such an aircraft. The bill also provides that it is not unlawful for any law-enforcement officer or other public official to operate a public unmanned aircraft system and disclose personal information from such operation if such officer reasonably determines that an emergency situation exists that involves immediate danger of death or serious physical injury to any person and the situation requires operation of a public unmanned aircraft system before a warrant authorizing such interception can, with due diligence, be obtained and there are grounds upon which such a warrant could be entered to authorize such operation. The bill also provides that it is not unlawful for a public institution of higher education to operate a public unmanned aircraft system solely for research or academic purposes. The bill also contains extensive procedural guarantees against release of personal information and contains reporting requirements by agencies and courts with respect to use of and data collected by such aircraft.

Read the Bill »

Outcome

Bill Has Passed

History

DateAction
01/18/2013Presented and ordered printed 13103017D
01/18/2013Referred to Committee for Courts of Justice
01/22/2013Impact statement from VCSC (SB1331)
02/04/2013Reported from Courts of Justice with substitute (13-Y 1-N) (see vote tally)
02/04/2013Committee substitute printed 13104796D-S1
02/05/2013Read second time
02/05/2013Reading of substitute waived
02/05/2013Committee substitute agreed to 13104796D-S1
02/05/2013Engrossed by Senate - committee substitute SB1331S1
02/05/2013Constitutional reading dispensed (40-Y 0-N) (see vote tally)
02/05/2013Passed Senate (36-Y 2-N) (see vote tally)
02/11/2013Placed on Calendar
02/11/2013Read first time
02/11/2013Referred to Committee for Courts of Justice
02/12/2013Assigned Courts sub: #1 Criminal
02/13/2013Subcommittee recommends reporting with amendment(s) (6-Y 2-N)
02/18/2013Reported from Courts of Justice with substitute (15-Y 1-N) (see vote tally)
02/18/2013Committee substitute printed 13105257D-H1
02/19/2013Read second time
02/20/2013Read third time
02/20/2013Committee substitute agreed to 13105257D-H1
02/20/2013Engrossed by House - committee substitute SB1331H1
02/20/2013Passed House with substitute (88-Y 5-N)
02/20/2013VOTE: PASSAGE (88-Y 5-N) (see vote tally)
02/21/2013House substitute agreed to by Senate (40-Y 0-N) (see vote tally)
02/21/2013Title replaced 13105257D-H1
02/21/2013Impact statement from DPB (SB1331H1)
02/23/2013Enrolled
02/23/2013Bill text as passed Senate and House (SB1331ER)
02/23/2013Signed by President
02/23/2013Signed by Speaker
02/25/2013Impact statement from DPB (SB1331ER)
03/21/2013Governor's recommendation received by Senate
03/21/2013Governor's substitute printed 13105672D-S2
04/02/2013Placed on Calendar
04/03/2013G Approved by Governor-Chapter 796 (effective 7/1/13)
04/03/2013Senate concurred in Governor's recommendation (36-Y 4-N) (see vote tally)
04/03/2013House concurred in Governor's recommendation (98-Y 1-N)
04/03/2013VOTE: ADOPTION (98-Y 1-N) (see vote tally)
04/03/2013G Governor's recommendation adopted
04/03/2013Reenrolled
04/03/2013Reenrolled bill text (SB1331ER2)
04/03/2013Signed by President as reenrolled
04/03/2013Signed by Speaker as reenrolled
04/03/2013Enacted, Chapter 796 (effective 7/1/13)
04/03/2013G Acts of Assembly Chapter text (CHAP0796)

Video

This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 2 clips in all, totaling 9 minutes.

Comments

ACLU-VA Privacy Rights, tracking this bill in Photosynthesis, notes:

The ACLU of Virginia strongly supports this legislation. Unregulated use of drone technology by state and local government agencies threatens to eviscerate the Fourth Amendment's protection from illegal search and seizure. Unregulated use of drones could turn the Commonwealth into a surveillance state and produce chilling effects on protected First Amendment activities. This bill requires law enforcement to show probable cause and get search warrant before using a drone. The bill also requires approval by a local or state governing body before a law enforcement agency can purchase a drone and permits the public to participate in the debate. Virginia needs reasonable regulation of drones with clear privacy rules and democratic, public oversight to guarantee that our civil liberties are preserved.

ACLU-VA Legislative Agenda, tracking this bill in Photosynthesis, notes:

The ACLU of Virginia strongly supports this legislation, which places a two year moratorium on the use of drones in Virginia. Unregulated use of drone technology by state and local government agencies threatens to eviscerate the Fourth Amendment's protection from illegal search and seizure. Additionally, without limits, the use of drones could turn the Commonwealth into a surveillance state and produce chilling effects on protected First Amendment activities. A moratorium on the use of drones allows legislators and various stakeholders, including the public, to debate and draft legislation that balances privacy protections and public safety in a reasonable manner.