Local Government Update from the Wild West of Drone Regulation
Three bills are wending their way through the State legislature that may have particular relevance to drone use relating to local government in California.
AB 56 would require a local agency to develop use policies and provide public notice prior to use of a drone for any purpose. It also places warrant requirements on law enforcement use. Rather than earlier attempts at crafting specific warrant requirements, AB 56 relies on existing 4th amendment jurisprudence and requires that any use of drones 56 also by law enforcement complies with protections against unreasonable searches and seizures. AB 56 also places some restrictions on the use of drones by local agencies outside their jurisdictional boundaries—for instance use by law enforcement in an adjacent city. If enacted, this would be the first time legal authority has been expressly granted to local government to use drones for government purposes.
SB 142 expands trespass law to include trespass by a drone over another’s land without the consent of the landowner or without legal authority. This bill may provide a helpful mechanism for public agencies looking to restrict drone use over public land. It may also create problems for a public agency that flies a drone over private property without a warrant.
SB 271 criminalizes operation of a drone above the grounds of a public school without permission by the school principal. It contains an exception for journalistic use, and attempts to define mainstream journalistic use by a “publisher, editor, reporter, or other person connected with or employed by a newspaper, magazine, or other periodical publication, a radio or television station, or by a press association or wire service.” This definition may be a controversial one given the widespread posting on the internet of videos taken by drones.
All three of these bills are worth tracking.