First Regular Session Seventieth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 15-0527.01 Richard Sweetman x4333SENATE BILL 15-059 SENATE SPONSORSHIP Newell, Lundberg, Guzman, Lambert HOUSE SPONSORSHIP (None), Senate Committees House Committees Judiciary A BILL FOR AN ACT Concerning the use of unmanned aerial vehicles in limited circumstances. Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://www.leg.state.co.us/billsummaries.) The bill permits law enforcement to use an unmanned aerial vehicle (UAV) under the following circumstances: When it receives a search warrant authorizing the use prior to the use; When it is needed to prevent imminent harm to life or to forestall the imminent escape of a suspect or the destruction of evidence; and When there is a high risk of a terrorist attack determined by the department of homeland security. A law enforcement agency must receive federal aviation administration authority prior to using a UAV, and the UAV may not exceed 25 pounds. The bill creates parameters for individual, recreational, civil, and industrial use of UAVs. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, add 16-3-311 as follows: 16-3-311. Government use of unmanned aerial vehicles - definitions. (1) (a) A law enforcement agency may operate an unmanned aerial vehicle and may disclose information from the operation in order to collect information from a nonpublic area if the law enforcement agency obtains a warrant issued under section 16-3-301 prior to the operation or under the circumstances described in subsection (2) or (3) of this section. (b) When an unmanned aerial vehicle is used pursuant to paragraph (a) of this subsection (1), it must be operated in a manner to collect data only on the subject and to avoid data collection on individuals, homes, or areas other than the subject. The law enforcement agency using the unmanned aerial vehicle shall not use facial recognition or other biometric matching technology on nonsubject data collected by the unmanned aerial vehicle. (c) When an unmanned aerial vehicle is used pursuant to paragraph (a) of this subsection (1), the law enforcement agency shall destroy all information gathered from the operation within fourteen days after the operation unless the supervising law enforcement agent determines there is reasonable suspicion that the information contains evidence of criminal activity or the information is relevant to an ongoing investigation or pending criminal trial. (2) A law enforcement agency may use an unmanned aerial vehicle if the agency possesses reasonable suspicion that, under particular circumstances, swift action is needed to prevent imminent harm to life or to forestall the imminent escape of a suspect or the destruction of evidence. The use of an unmanned aerial vehicle under this subsection (2) is limited to a period of forty-eight hours. Within twenty-four hours after the initiation of the use of an unmanned aerial vehicle pursuant to this subsection (2), the chief executive officer of the law enforcement agency shall prepare a report in writing regarding the use of the unmanned aerial vehicle. The law enforcement agency shall retain the reports, and the reports are public records subject to inspection under section 24-72-203, C.R.S. (3) A law enforcement agency may use an unmanned aerial vehicle for law enforcement activities related to risk of a terrorist attack if the United States secretary of homeland security or Colorado director of the division of homeland security and emergency management determines that credible intelligence indicates that there is a high risk of a terrorist attack by a specific individual or organization. (4) (a) Prior to using an unmanned aerial vehicle, a law enforcement agency must receive a certificate of authorization from the federal aviation administration for training and performance evaluation and shall not operate the unmanned aerial vehicle for law enforcement purposes until it receives an operational certificate of authorization from the federal aviation administration. (b) A law enforcement agency shall not use an unmanned aerial vehicle that weighs more than twenty-five pounds. (5) "Unmanned aerial vehicle" means an aircraft with no pilot on board that flies via remote control or autonomously through pre-programmed flight plans or more complex dynamic automation systems. SECTION 2. In Colorado Revised Statutes, add 41-6-102 as follows: 41-6-102. Nongovernmental use of unmanned aerial vehicles. (1) A private person who uses an unmanned aerial vehicle shall meet the equipment requirements applicable to the class of airspace within which the unmanned aerial vehicle is operated. (2) A private person who uses an unmanned aerial vehicle for recreational use shall comply with all instrument flight rules, including but not limited to flying the unmanned aerial vehicle within the operator's sight, for no farther than three miles, for no more than four hundred feet above the ground, during daylight, inside uncontrolled airspace, and at least five miles from an airport or other location with aviation activities. An unmanned aerial vehicle that is used for recreational purposes shall not use autonomous operations. (3) If a person or entity wants to use an unmanned aerial vehicle for recreational or commercial use or for unmanned aerial vehicle research, the person must obtain an experimental airworthiness certificate or certificate of waiver or authorization from the federal aviation administration. (4) The department of public safety may acquire an emergency certificate of authorization from the federal aviation administration to coordinate the use of unmanned aerial vehicles to respond to natural disasters. SECTION 3. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.