BILL ANALYSIS Ó SENATE COMMITTEE ON APPROPRIATIONS Senator Ricardo Lara, Chair 2015 - 2016 Regular Session AB 56 (Quirk) - Unmanned aircraft systems ----------------------------------------------------------------- | | | | | | ----------------------------------------------------------------- |--------------------------------+--------------------------------| | | | |Version: July 16, 2015 |Policy Vote: PUB. S. 4 - 2, | | | JUD. 5 - 2 | | | | |--------------------------------+--------------------------------| | | | |Urgency: No |Mandate: Yes | | | | |--------------------------------+--------------------------------| | | | |Hearing Date: August 17, 2015 |Consultant: Jolie Onodera | | | | ----------------------------------------------------------------- This bill meets the criteria for referral to the Suspense File. Bill Summary: AB 56 would establish procedural and privacy protection standards under which a law enforcement agency may use, obtain, or use information from, an unmanned aircraft system (UAS), as specified. Fiscal Impact: Significant one-time and ongoing non-reimbursable local law enforcement agency costs (Local Funds) to adhere to the standards and protections provided for under this measure including but not limited to the development of policies, procedures, training, data security, collection, and retention, and public access. One-time and ongoing potentially significant future cost pressure (General Fund/Special Fund) to the extent UAS are utilized in the future by state agencies including but not limited to the Department of Justice (DOJ), the California AB 56 (Quirk) Page 1 of ? Highway Patrol (CHP), and the Department of Fish and Wildlife (DFW). Background: An unmanned aircraft system, also referred to as "unmanned aerial vehicle," "remote piloted aircraft," or "drone," is an aircraft without a human pilot that is either controlled remotely or fully automated. Along with a variety of businesses, law enforcement agencies across the country are considering how this technology could assist in their operations. According to one report: As drones become cheaper and more capable, more police departments across the country are asking for and getting federal approval to use them for law enforcement. But the Federal Aviation Administration only takes safety into consideration when it grants a law enforcement agency approval to use drones, leaving privacy protections to legislation-which, depending on the state in question, may or may not exist. Agencies as large as the Michigan State Police and as small as the Grand Forks County [N.D.] Sheriff's Department have received FAA approval to use drones. Most departments use them for missions like search-and-rescue or for photographing a crime scene or an accident site. But unless a law enforcement agency is within one of the 14 states that have passed privacy legislation limiting how police can use drones, there's little in theory keeping it from using a drone for a less innocuous end-such as surveillance without a warrant. (Kaveh Waddell, Few Privacy Limitations Exist on How Police Use Drones, National Journal (February 5, 2015).) This bill seeks to establish procedural and privacy protection standards should law enforcement agencies choose to utilize this technology. Proposed Law: This bill would prohibit a law enforcement agency from using a UAS, obtaining a UAS from another public agency by contract, loan, or other arrangement, or using information obtained from a UAS used by another public agency, except as authorized below: Provides that the bill's provisions apply to all law enforcement agencies and private entities when contracting AB 56 (Quirk) Page 2 of ? with or acting as the agent of a law enforcement agency. Authorizes a law enforcement agency to use a UAS, or use information obtained from a UAS used by another public agency, if the law enforcement agency complies with protections against unreasonable searches guaranteed by the U.S. Constitution and the California Constitution, as well as all applicable federal state, and local laws including, but not limited to, regulations of the Federal Aviation Administration. States that if the use of a UAS by a local law enforcement agency may involve the collection of images, footage, or data from another county, city, or city and county, the law enforcement agency must obtain a warrant based on probable cause, unless an exigent circumstance exists. Prohibits a law enforcement agency from using a UAS or information obtained from a UAS used by another public agency, to surveil private property unless the law enforcement agency has obtained a search warrant based on probable cause, the express permission of the person or entity with the legal authority to authorize a search of the specific private property, or is using the system under specified exigent circumstances. Requires, before a law enforcement agency may use a UAS, that the agency develop and make available to the public, as specified, a policy on the use of the UAS and train the law enforcement agency's officers and employees on the policy. Requires a law enforcement agency's policy on the use of a UAS to include numerous specified provisions, and requires the policy to be reviewed at least once every three years to evaluate whether changes are needed. Requires, before the policy is finalized, that a law enforcement agency present the proposed policy at a regularly scheduled and noticed public meeting of its governing body with an opportunity for public comment. Requires images, footage, or data obtained through the use of a UAS to be permanently destroyed within one year, unless the images, footage, or data were obtained pursuant to a search warrant or are used for specified purposes. Specifies that images, footage, or data obtained through the use of a UAS or any related record, including usage logs or logs that identify any person or entity that subsequently obtains or requests records of that system, are public records subject to disclosure, except as specified. Requires all UAS to be operated so as to minimize the AB 56 (Quirk) Page 3 of ? collection of images, footage, or data of persons, places, or things not specified with particularity in the warrant authorizing the use of a UAS, or, if no warrant was obtained, for purposes unrelated to the justification for the operation. States that unless authorized by federal law, a person or entity shall not equip or arm a UAS with a weapon or other device that may be carried by, or launched or directed from, a UAS, as specified.] Requires a law enforcement agency that operates a UAS to keep a record of the use of that system, to include information on whether a search warrant was sought before the system was used, and, in situation where a warrant was sought, whether the warrant was granted or denied. Specifies that a local legislative body may adopt more restrictive policies than those specified in state law on the acquisition, use, or retention of UAS. Defines the following terms: "Law enforcement agency" means the Attorney General, each district attorney, and each agency of the state or political subdivision of the state authorized by statute to investigate or prosecute law violators. "Unmanned aircraft system" means an unmanned aircraft and associated elements, including communication links and the components that control the unmanned aircraft that are required for the pilot in command to operate safely and efficiently in the national airspace system. Related Legislation: AB 1327 (Gorell) 2014 would have prohibited law enforcement agencies from using UAS, with certain exceptions for law enforcement agencies acting pursuant to a warrant. This bill would have required notice by public agencies intending to deploy UAS. This bill was vetoed by the Governor with the following message: I am returning Assembly Bill 1327 without my signature. This bill prohibits law enforcement from using a drone without obtaining a search warrant, except in limited circumstances. There are undoubtedly circumstances where a warrant is appropriate. The bill's exceptions, however, appear to be too narrow and could impose requirements beyond what is required by AB 56 (Quirk) Page 4 of ? either the 4th Amendment or the privacy provisions in the California Constitution. SB 15 (Padilla) 2013 would have required law enforcement agencies to obtain search warrants when using UAS, and would have required that an application for a search warrant specify the intended purpose for which the UAS would be used. This bill failed in the Assembly Committee on Public Safety. Staff Comments: By requiring local law enforcement agencies to comply with additional rules and regulations regarding the use of UAS, this bill imposes a state mandated local program. However, as local law enforcement agencies are not mandated to utilize UAS technology, any costs to local agencies are estimated to be non-reimbursable. Although state agencies including the DOJ, CHP, and the DFW currently do not utilize UAS, this bill creates significant future cost pressure, as these agencies would potentially incur both one-time and ongoing costs to comply with the provisions of this measure should these agencies opt to utilize UAS technology at some point in the future. -- END --