SB519 — relative to the use of unmanned aerial systems.

SB 519-FN - AS INTRODUCEDAMENDED BY THE SENATE 03/12/2026 1084s SESSION 26-2075 09/08 SENATE BILL 519-FN AN ACT relative to the use of unmanned aerial systems.

Judiciary ───────────────────────────────────────────────────────────────── AMENDED ANALYSIS This bill establishes a civil cause of action and a criminal penalty for the use of unmanned aerial systems for certain purposes that violate a reasonable expectation of privacy, subject to certain exceptions.

SB 519-FN - AS INTRODUCEDAMENDED BY THE SENATE 03/13/2026 1084s 26-2075 09/08 STATE OF NEW HAMPSHIRE In the Year of Our Lord Two Thousand Twenty-Six AN ACT relative to the use of unmanned aerial systems.

VI.VI.(a) “Surveillance” means:

"Surveillance"(1) meansWith therespect observationto ofan oneowner, ortenant, moreoccupant, personsinvitee, or propertylicensee of privately owned real property, the intentional observation of such persons with enoughsufficient visual clarity to gatherbe identifyingable information,to obtain information about their identity, habits, conduct, movements, or occupancy.whereabouts;

and (2) With respect to privately owned real property, the intentional observation of such property’s physical improvements with sufficient visual clarity to be able to determine unique identifying features or its occupancy by one or more persons.

(b) "Surveillance" does not include the capture of photographs, electronic images, and associated data by a drone operator that is operating for legitimate business purposes unrelated to surveillance in a manner consistent with applicable FAA rules, licenses, or exemptions.

For purposes of this section, a reasonable expectation of privacy shall be presumed to exist in any location where ana individualperson cannot be observed from a public ground-ground-level level position.

SB 519-FN - AS AMENDED BY THE SENATE - Page 2 - I.

Law enforcement officersofficers: operating pursuant to a valid warrant.

(a) Operating pursuant to a valid warrant;

(b) Acting pursuant to exigent circumstances involving imminent danger to life or the risk of destruction of evidence;

(c) Countering a high risk of a terrorist attack by a specific individual or organization if the United States Secretary of Homeland Security determines that credible intelligence indicates that there is such a risk;

(d) Searching for specifically identified missing persons;

(e) Searching for specifically identified stolen vehicles;

and (f) Investigating motor vehicle accidents.

(g) Performing other law enforcement duties.

LawInspections enforcementby officersa actingfire pursuantdepartment toin exigentaccordance circumstanceswith involvingtheir imminentresponsibilities dangeroutlined toin lifeRSA or154:2, theIII. risk of destruction of evidence.

LawInspections enforcementof officerscritical performinginfrastructure counter-terrorismas operations.defined in RSA 319-D:1, II, or non-utility-owned electricity generators, by or on behalf of an owner or operator of a critical infrastructure facility for the sole purpose of monitoring, inspecting, or maintaining the facility.

RegulatedProperty utilityappraisal inspections.for taxes, provided that:

(a) Each property owner shall be notified that the surveillance prohibited by RSA 507- J:2 may occur and that the property owner may opt out of that surveillance without cost or other consequence;

(b) Any images of identifiable persons shall be blurred as soon as practicable;

and (c) All surveillance images shall be permanently destroyed when they are no longer needed for the purpose for which they were obtained.

LicensedEnvironmental businessemergency operations.assessments authorized by the department of environmental services, provided that:

(a) Any images of identifiable persons shall be blurred as soon as practicable;

and (b) All surveillance images shall be permanently destroyed when they are no longer needed for the purpose for which they were obtained.

PropertyAn appraisalemployee or contractor of an insurance company who uses a small unmanned aircraft system solely for taxes.the purposes of underwriting, claims investigation, claims adjustment, assessment of property damage or investigation of insurance fraud.

EnvironmentalRailroad emergencyowners assessments.and easement holders, for the purpose of monitoring, inspecting, or maintaining the railroad.

SB 519-FN - AS INTRODUCED - Page 2 - 507-J:4 Remedies.

SB 519-FN - AS AMENDED BY THE SENATE - Page 3 - III.

2 EffectiveNew Date.Subparagraphs;

Unlawful Operation or Use of a Small Unmanned Aircraft System.

Amend RSA 644:23, I by inserting after subparagraph (d) the following new subparagraphs:

(e) "Imaging device" means any technology capable of recording or transmitting images, sound, or data.

(f)(1) “Surveillance” means:

(A) With respect to an owner, tenant, occupant, invitee, or licensee of privately owned real property, the intentional observation of such persons with sufficient visual clarity to be able to obtain information about their identity, habits, conduct, movements, or whereabouts;

and (B) With respect to privately owned real property, the intentional observation of such property’s physical improvements with sufficient visual clarity to be able to determine unique identifying features or its occupancy by one or more persons.

(2) "Surveillance" does not include the capture of photographs, electronic images, and associated data by a drone operator that is operating for legitimate business purposes unrelated to surveillance in a manner consistent with applicable FAA rules, licenses, or exemptions.

3 New Paragraph;

Unlawful Operation or Use of Small Unmanned Aircraft System.