SB 11 — Requires the Department of Public Safety to adopt certain regulations relating to unmanned aerial vehicles. (BDR 44-370)

(ReprintedSenate withBill amendmentsNo. adopted on April 18, 2023) FIRST REPRINT S.B.

1111–Committee SENATEon BILLGrowth NOand .Infrastructure CHAPTER..........

11–COMMITTEE ON G ROWTH AND NFRASTRUCTURE (ON B EHALF OF THE N EVADA LEAGUE OF C ITIES AND M UNICIPALITIES) PREFILED N OVEMBER 16, 2022 ____________ Referred to Committee on Growth and Infrastructure SUMMARY—Requires the Department of Public Safety to adopt certain regulations relating to unmanned aerial vehicles.

(BDR 44-370) FISCAL NOTE:

Effect on Local Government:

No.

Effect on the State:

Yes.

~ EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

(NRS 493.103-493.118) A public agency other than a law enforcement agency may, for specified public purposes prescribed in regulations adopted by the Department of Public Safety, employ an unmannedunmannedibed aerial vehicle that has been registered with the Department.

NAC 493.100) Section 1.71.9 of this bill requires the Department to adopt regulations to orestablish: law enforcement agency shall not purchase or acquire any unmanned aerialblic agency vehicle or other equipment or service relating to the operation of an unmanned aerial vehicle;

and(1) (2) a list of unmannedcountries, aerialbusinesses vehicles and otherentities relatedfrom equipmentwhich or services that a public agency or law enforcement agency shall not operate, purchase or acquire.acquire any unmanned aerial vehicle or other equipment or service relating to the operation of an unmanned aerial vehicle;

Sections 1 and 1.3(2) of this bill prohibit a publiclist agencyof or law enforcement agency from operating, purchasing or acquiring any unmanned aerial vehiclevehicles orand other equipmentrelated oroperate, servicepurchase relatingor toacquire. the operation of Department.

Sections 1 and 1.3 of this bill prohibit, effective January 1, 2025, a public agency or law enforcement agency from operating, purchasing or acquiring any unmanned aerial vehicle inor violationother ofequipment theor regulationsservice adoptedrelating byto the Sectionoperation 1.7of requiresan theunmanned Departmentaerial tovehicle adoptin violation of the regulations to:adopted by the Department.

(1)Section authorize1.7 aof publicthis agencybill torequires conductthe scheduledDepartment inspections to ensureadopt compliance with building and fire codes and laws, ordinances, regulations andto: rules adopting or establishing - *SB11_R1* – 2 – building and fire codes;

(2)(1) prohibitwith abuilding publicand agencyfire fromcodes collectingand anylaws, photograph,ordinances, imageregulations orand recordingrules throughadopting the operation of an unmanned aerial or recordingestablishing orbuilding other information is collected through the operation of an unmannede aerial vehicle during a scheduled inspection, such photograph, image, recording or other information is not admissible and mustfire notcodes; be disclosed in any proceeding other than a proceeding relating to the purpose of the scheduled inspection.

(2) prohibit a public agency from collecting any photograph, image or recording through the operation of an unmanned aerial vehicle during the scheduled inspection;

and (3) provide that if a photograph, image or recording or other information is collected through the operation of an unmanned aerial vehicle during a scheduled inspection, such photograph, image, recording or other information is not admissible and must not be disclosed in any proceeding other than a proceeding relating to the purpose of the scheduled inspection.

EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

Except as otherwise provided in subsection 3, a law enforcement agency shall not operate an unmanned aerial vehicle for- the82nd purposeSession of(2023) gathering– evidence2 or– other information within the curtilage of a residence or at any other location or upon any property in this State at which a person has a reasonable expectation of privacy, unless the law enforcement agency first obtains a warrant from a court of competent jurisdiction authorizing the use of the unmanned aerial vehicle for that purpose.

(a) If the law enforcement agency has probable cause to believe that a person has committed a crime, is committing a crime or is about to commit a crime, and exigent circumstances exist that make itauthorizing unreasonablethe foruse of the unmanned aerial vehicle.btain a warrant (b) If a person provides written consent to the law enforcement agency toauthorizing obtainthe alaw warrantenforcement authorizingagency to acquire information about the useperson ofor the unmannedreal aerialor vehicle.personal property of the person.

(b) If a person provides written consent to the law enforcement agency authorizing the law enforcement agency to acquire information about the person or the real or personal property of the person.

- *SB11_R1* – 3 – (d) Under circumstances in which the law enforcement agency believes that an imminent threat exists to the life and safety of an individual person or to the public at large, including, without limitation, the threat of an act of terrorism.

A law enforcement agency that operates an unmanned aerial vehicle pursuant to this paragraph shall document the factual basis for its belief that such an imminent threat exists and shall, not later than 2 business days after initiating operation, file a sworn statement with a court of competent jurisdiction describing the nature of the imminent threat and the need for the operation of the unmanned aerial vehicle.

A law enforcement agency that operates an unmanned aerial vehicle pursuant to this paragraph shall not use the unmanned aerial vehicle outside of the geographic area specified in the declaration or for any purpose other than the preservation of public safety, the protection of property, or the assessment and evaluation - 82nd Session (2023) – 3 – of environmental or weather-related damage, erosion or contamination.

Any photograph, image, recording or other information that is acquired by a law enforcement agency through the operation of an unmanned aerial vehicle in violation of this section, or that is acquired from any other person or governmental entity, including, without limitation, a public agency and any department or agency of the Federal Government, that obtained the photograph, image, recording or other information in a manner inconsistent with the requirements of this section, and any evidence that is derived therefrom:

AExcept as otherwise provided in this subsection, a law enforcement agency shall not operate, purchase or acquire any unmanned aerial vehicle or other equipment or service relating to the operation of an unmanned aerial vehicle in violation of the regulations adopted by the Department pursuant to subsection 6 of NRS 493.118.

A law enforcement agency may operate or use an unmanned aerial vehicle or other equipment or service relating to the operation of an unmanned aerial vehicle that was purchased or acquired before the effective date of the regulations adopted by the Department pursuant to subsection 6 of NRS 493.118.

493.115 1.

A public agency:

- *SB11_R1* – 4 – (2) The public agency operates the unmanned aerial vehicle in accordance with the regulations adopted by the Department pursuant to subsection 4 of NRS 493.118.

(a)- Is82nd notSession admissible(2023) in,– and4 must– not be disclosed in, a judicial, administrative or other adjudicatory proceeding;

andanded in, a judicial, (b) May not be used to establish reasonable suspicion or probable cause as the basis for investigating or prosecuting a crime or offense.

AExcept as otherwise provided in this subsection, a public agency shall not operate, purchase or acquire any unmanned aerial vehicle or other equipment or service relating to the operation of an unmanned aerial vehicle in violation of the regulations adopted by the Department pursuant to subsection 6 of NRS 493.118.

A public agency may operate or use an unmanned aerial vehicle or other equipment or service relating to the operation of an unmanned aerial vehicle that was purchased or acquired before the effective date of the regulations adopted by the Department pursuant to subsection 6 of NRS 493.118.

The Department shall, to the extent that money is available for this purpose, establish and maintain a registry of unmanned aerial vehicles that are operated by public agencies in this State.

The Department shall, on or before February 1 of each year, prepare and submit to the Director of the Legislative Counsel Bureau for submission to the Legislature, or to the Legislative Commission when the Legislature is not in regular session, a report outlining the activities of public agencies with respect to the operation of unmanned aerial vehicles in this State.

The Department shall adopt regulations prescribing the public purposes for which a public agency may operate an - *SB11_R1* – 5 – unmanned aerial vehicle that is registered with the Department pursuant to this section, including, without limitation: