HB 251 — Regards drone use by law enforcement; aviation facilities

The department shall require that a complete plan of such airport, seaplane base, heliport, vertiport, spaceport, landing field, or landing area be filed with it before granting or issuing such approval;

provided that in no case in which the department licenses or certifies an airport, seaplane base, heliport, vertiport, spaceport, landing field, or landing area constructed, maintained, or supported, in whole or in part, by public funds, under sections 4561.01 to 4561.151 of the Revised Code, shall the public be deprived of the use thereof or its facilities for aviation purposes as fully and equally as all other parties.

(B) In any case in which the department rejects or disapproves an application to operate an airport, seaplane base, heliport, vertiport, spaceport, landing field, or landing area, or in any case in which the department issues an order requiring certain things to be done before approval, it shall set forth its reasons therefor and shall state the requirements to be met before such approval will be given or such order modified or changed.

In any case in which the department considers it necessary, it may order the closing of any airport, seaplane base, heliport, vertiport, spaceport, landing field, or landing area for commercial purposes until the requirements of the order made by the department are complied with.

Sub.

251 Page136th 4G.A. As Passed by the House (O) "Seaplane base" means a designated area of water used 74 or intended to be used for the landing and takeoff of seaplanes 75 including shore side access and any appurtenant buildings and 76 facilities.

77(C) Sec.Appeal from any action or decision of the department in any such matter shall be made in accordance with sections 119.01 to 119.13 of the Revised Code.

4561.11.(D)(1) The department shall require that any person engaged within this state in operating aircraft, in any form of navigation, shall be the holder of a currently effective aviator's license as required and issued by the civil aeronautics administrationfederal aviation administration.

(A)(2) AllThe airports,aviator's seaplanelicense, bases,when heliports,required 78by vertiports,this spaceports,section, landingshall fields,be andkept landingin areasthe shallpersonal 79possession of the pilot when the pilot is operating aircraft within this state, and shall be approvedpresented byfor inspection upon the departmentrequest of transportationany beforepassenger, beingany 80authorized usedrepresentative forof commercialthe purposes.department, or any official manager or person in charge of any airport, seaplane base, heliport, vertiport, spaceport, landing field, or area in this state upon which the pilot lands.

The(B) department(E) mayWhoever issueviolates athis 81section certificateshall ofbe approvalfined innot eachmore case.than five hundred dollars, imprisoned not more than ninety days, or both.

TheSec. department shall 82 require that a complete plan of such airport, seaplane base, 83 heliport, vertiport, spaceport, landing field, or landing area 84 be filed with it before granting or issuing such approval;

854561.60. provided that in no case in which the department licenses or 86 certifies an airport, seaplane base, heliport, vertiport, 87 spaceport, landing field, or landing area constructed, 88 maintained, or supported, in whole or in part, by public funds, 89 under sections 4561.01 to 4561.151 of the Revised Code, shall 90 the public be deprived of the use thereof or its facilities for 91 aviation purposes as fully and equally as all other parties.

92As (B)used In any case in whichsections the4561.60 department rejects or 93 disapproves an application to operate4561.64 anof airport, seaplane base, 94 heliport, vertiport, spaceport, landing field, or landing area, 95 or in any case in which the departmentRevised issuesCode: an order requiring 96 certain things to be done before approval, it shall set forth 97 its reasons therefor and shall state the requirements to be met 98 before such approval will be given or such order modified or 99 changed.

In(A) any"Surveillance casedata" inmeans which the departmentdata considerscollected itby 100an necessary,unmanned itaerial mayvehicle orderduring theits closingflight, ofincluding anyimages, airport,videos, seaplane 101 base, heliport, vertiport, spaceport, landing field, or landingother 102forms area for commercial purposes until the requirements of theobservation orderrecording. 103 made by the department are complied with.

104(B) Sub."Flight data" means the data pertaining to an unmanned aerial vehicle's flight from both the original plan for the flight and the actual flight that was taken, including the flight's duration, path, and mission objectives.

(C) "Law enforcement agency" means a government entity that employs peace officers to perform law enforcement duties.

(D) "Peace officer" has the same meaning as in section 2935.01 of the Revised Code.

(E) "Unmanned aerial vehicle" and "unmanned aerial vehicle system" have the same meanings as in section 4561.50 of the Revised Code.

Sec.

4561.61.

(A) If a peace officer would otherwise be required to obtain a search warrant to physically enter a house or a place in person to conduct a search, the peace officer or applicable law enforcement agency shall obtain a search warrant to do either of the following to collect surveillance data concerning the house or place in lieu of the in-person search:

(1) Enter the interior of the house or place through the use of an unmanned aerial vehicle system;

(2) Observe the interior of the house or place through the use of an unmanned aerial vehicle system.

(B)(1) Except as provided in division (B)(2) of this section, surveillance data, and any information obtained through that data, is not admissible in a criminal proceeding if it was gathered under circumstances that require a search warrant under division (A) of this section and a search warrant was not obtained by either the peace officer or the law enforcement agency.

(2) Surveillance data, and any information obtained through that data, that was gathered under the circumstances specified in section 4561.62 of the Revised Code may be admitted in a criminal proceeding without a peace officer or law enforcement agency obtaining a search warrant.

Sub.

251 Page136th 5G.A. As Passed by the House (C) Appeal from any action or decision of the department 105 in any such matter shall be made in accordance with sections 106 119.01 to 119.13 of the Revised Code.

107Sec. (D)(1) The department shall require that any person 108 engaged within this state in operating aircraft, in any form of 109 navigation, shall be the holder of a currently effective 110 aviator's license as required and issued by the civil 111 aeronautics administrationfederal aviation administration.

1124561.62. (2) The aviator's license, when required by this section, 113 shall be kept in the personal possession of the pilot when the 114 pilot is operating aircraft within this state, and shall be 115 presented for inspection upon the request of any passenger, any 116 authorized representative of the department, or any official 117 manager or person in charge of any airport, seaplane base, 118 heliport, vertiport, spaceport, landing field, or area in this 119 state upon which the pilot lands.

120A (B)law (E)enforcement Whoeveragency violatesmay thisuse sectionan shallunmanned beaerial finedvehicle notfor 121surveillance morewithout thana fivesearch hundredwarrant dollars,as imprisonedfollows: not more than ninety 122 days, or both.

123(A) Sec.To patrol within fifty miles of a national border for purposes of policing that border to prevent or deter the illegal entry of any individual, illegal substance, or contraband;

4561.60.(B) When exigent circumstances exist, including to photograph and record evidence that is at imminent risk of destruction;

As(C) usedBefore, induring, sectionsor 4561.60immediately after an environmental or weather-related catastrophe to 4561.64allow the agency to better preserve public safety, to protect property, to survey environmental damage in order to determine if a state of 124emergency should be declared, or to conduct surveillance for the Revisedassessment Code:and evaluation of damage, erosion, flood, or contamination;

125(D) (A)To "Surveillanceexamine data" means the datascene collectedof bya an 126 unmanned aerial vehicle duringaccident, itsmonitor flight,traffic includingcongestion, images, 127 videos, or conduct other forms of observationtraffic recording.law enforcement under Chapter 4511.

128or (B)4513. "Flight data" means the data pertaining to an unmanned 129 aerial vehicle's flight from both the original plan for the 130 flight and the actual flight that was taken, including the 131 flight's duration, path, and mission objectives.

132of (C)the "LawRevised enforcementCode agency"or meansan equivalent municipal ordinance that does not require a governmentpeace entityofficer 133to Sub.obtain a search warrant in advance of conducting such enforcement;

(E) To photograph and record evidence at a crime scene;

(F) To operate in navigable airspace, in a physically nonintrusive manner, in order to observe what is otherwise visible to the naked eye;

(G) To collect information from a public area if there is a reasonable suspicion of criminal activity in that area;

(H) To conduct a threat assessment prior to a large or populous event where law enforcement anticipates general public safety being a risk factor;

(I) For research, education, training, testing, or development efforts related to unmanned aerial vehicles or unmanned aerial vehicle systems, their technologies, and their potential applications, undertaken by or in conjunction with a school, an institution of higher education, or a public or private collaborator.

Sec.

4561.63.

(A) A law enforcement agency shall not use, authorize the use of, or issue a permit for the use of, an unmanned aerial vehicle armed with any lethal weapon.

(B) A law enforcement agency shall not authorize the use of or issue a permit for the use of an unmanned aerial vehicle for the surveillance of one private individual by another private individual unless the agency obtains one of the following:

(1) The express, informed consent of the individual being surveilled by the unmanned aerial vehicle;

(2) The express, informed consent of the owner of the real property on which the individual being surveilled by the unmanned aerial vehicle is present.

Sec.

4561.64.

(A) A law enforcement agency shall do both of the following relative to its use of unmanned aerial vehicles:

(1) Ensure that the agency and any applicable peace officer employed by the agency documents all flight data for each surveillance flight of an unmanned aerial vehicle taken by or on Sub.

251 Page136th 6G.A. As Passed by the House that employs peace officers to perform law enforcement duties.

134behalf (D) "Peace officer" has the same meaning as in section 135 2935.01 of the Revisedagency; Code.

136(2) (E)Verify "Unmannedthat aerial vehicle" and "unmanned aerial vehicle 137 system" have the sameflight meaningsdata asfor ineach sectionsurveillance 4561.50flight ofis theaccurate 138and Revisedcomplete. Code.

139(B) Sec.A law enforcement agency shall retain any surveillance data or flight data that is relevant to an ongoing investigation, trial, or litigation until it is determined that such data is no longer necessary for that purpose.

4561.61.(C)(1) Except as provided by division (C)(2) of this section, a person accused of a crime that includes evidence gathered through the use of an unmanned aerial vehicle may obtain, via the subpoena and discovery process available during court proceedings, information relating to that person acquired in the course of surveillance of that person by the unmanned aerial vehicle.

(A)(2) IfThe aoperational peacecapabilities officerof wouldthe otherwiseunmanned beaerial 140vehicle requiredand tounmanned obtainaerial avehicle searchsystem warrant to physically enter a house 141 or aother placeoperational ininformation personstrictly related to conduct a search, the peacetechnical officerconduct orand 142physical applicablesecurity law enforcement agency shall obtain a search warrant 143 to do either of the followingsurveillance tooperation collectis surveillancenot dataevidence 144subject concerningto thesubpoena house or placediscovery inunder lieudivision (C)(1) of thethis in-personsection. search:

145(D) (1)The Enterflight theand interiorsurveillance ofdata therequired houseand orretained placein throughaccordance with this section is a public record for purposes of section 149.43 of the 146Revised useCode, unless the content of that flight data or surveillance data qualifies for an unmannedexemption aerialunder vehiclethat system;section.

147Sec. (2) Observe the interior of the house or place through the 148 use of an unmanned aerial vehicle system.

1495501.84. (B)(1) Except as provided in division (B)(2) of this 150 section, surveillance data, and any information obtained through 151 that data, is not admissible in a criminal proceeding if it was 152 gathered under circumstances that require a search warrant under 153 division (A) of this section and a search warrant was not 154 obtained by either the peace officer or the law enforcement 155 agency.

156(A) (2)As Surveillanceused data, and any information obtained 157 through that data, that was gathered under the circumstances 158 specified in sectionthis 4561.62section: of the Revised Code may be admitted 159 in a criminal proceeding without a peace officer or law 160 enforcement agency obtaining a search warrant.

161(1) Sub."Foreign adversary" means a country listed on the registry published by the secretary of state under division (C) of this section.

(2) "Public entity" means the state and all political subdivisions of the state, including all boards, authorities, commissions, agencies, committees, councils, state colleges or universities, and other state entities created by the Ohio Constitution or the Revised Code.

(3) "Unmanned aerial vehicle system" has the same meaning as in section 4561.50 of the Revised Code.

(B)(1) Beginning on and after the effective date of this section, a public entity shall not purchase or otherwise acquire an unmanned aerial vehicle system that is manufactured or assembled by a foreign adversary.

(2) No state funds shall be used in connection with unmanned aerial vehicle systems manufactured or assembled by a foreign adversary that are purchased on or after the effective date of this section, including state funds that are awarded through a contract, grant, or cooperative agreement or that are otherwise made available.

(3) A public entity shall not operate an unmanned aerial vehicle system manufactured or assembled by a foreign adversary that is purchased on or after the effective date of this section.

(C) Division (B) of this section does not apply if either federal law or federal regulations allow for the continued purchase and operation of an unmanned aerial vehicle system or an unmanned aerial vehicle system's component parts that are manufactured or assembled by a foreign adversary.

(D)(1) The secretary of state shall compile and update at least one time every six months a Sub.

251 Page136th 7G.A. As Passed by the House Sec.

4561.62.registry of foreign adversaries and other persons that, based on the best information available to the secretary of state, constitute a threat to the agricultural production, critical infrastructure, security, or military defense of this state or the United States.

A(2) lawThe enforcementregistry agencyshall maybe usepublished anon unmannedthe 162secretary aerialof vehiclestate's forweb surveillancesite. without a search warrant as 163 follows:

164(3) (A)The Tosecretary patrol within fifty miles of astate nationalshall borderconsult forall 165 purposes of policingthe thatfollowing borderin tocompiling prevent or deter the illegalregistry: 166 entry of any individual, illegal substance, or contraband;

167(a) (B)The Whenlist exigentof circumstancespersons exist;determined by the secretary of commerce of the United States to have engaged in a long-term pattern or serious instances of conduct significantly adverse to the national security of the United States or the security and safety of United States persons and, therefore, to constitute foreign adversaries for the purposes of Executive Order 13873, issued by the president of the United States on May 15, 2019;

168(b) (C)The Before,terrorist during,exclusion orlist immediatelycompiled afterby an environmental 169 or weather-related catastrophe to allow the agencysecretary toof better 170 preserve public safety, to protect property, to survey 171 environmental damage in order to determine if a state of 172the emergencyUnited shouldStates bein declared,consultation orwith to conduct surveillance for the 173attorney assessmentgeneral and evaluation of damage,the erosion,United flood,States orunder 1748 contamination;U.S.C.

1751182; (D) To examine the scene of a vehicle accident, monitor 176 traffic congestion, or conduct other forms of traffic law 177 enforcement under Chapter 4511.

or(c) 4513.The list of countries determined by the secretary of state of the United States that have repeatedly provided support for acts of international terrorism under 50 U.S.C.

of4813(c) theand Revised22 CodeU.S.C. or 178 an equivalent municipal ordinance that does not require a peace 179 officer to obtain a search warrant in advance of conducting such 180 enforcement;

1812780(d); (E) To photograph and record evidence at a crime scene;

182(d) (F)The Tolist operateof inindividuals navigableand airspace,entities designated by or in aaccordance physicallywith 183Executive nonintrusiveOrder manner,13224, inissued orderby tothe observepresident whatof isthe otherwiseUnited 184States visibleon toSeptember 23, 2021, or Executive Order 13268, issued by the nakedpresident eye;of the United States on July 2, 2002.

185(4) (G)The Forsecretary research,of education,state training,shall testing,not orinclude 186on developmentthe effortsregistry relatedany toperson unmannedthat aerialdoes vehiclesnot orappear 187on unmannedat aerialleast vehicleone systems,of theirthe technologies,federal andlists theirdescribed 188 potential applications, undertaken by or in conjunctiondivision with(D)(3) a 189 school, an institution of higherthis education,section. or a public or 190 Sub.

SECTION 2.

That existing sections 4561.01 and 4561.11 of the Revised Code are hereby repealed.

SECTION 3.

Section 5501.84 of the Revised Code, as enacted by this act, takes effect forty- eight months after the effective date of this section.

Sub.

251 Page136th 8G.A. As Passed by the House private collaborator.

191Speaker Sec.___________________ of the House of Representatives.

4561.63.President ___________________ of the Senate.

(A)Passed A________________________, law20____ enforcementApproved agency________________________, shall20____ notGovernor. use, 192 authorize the use of, or issue a permit for the use of, an 193 unmanned aerial vehicle armed with any lethal weapon.

194Sub. (B) A law enforcement agency shall not authorize the use 195 of or issue a permit for the use of an unmanned aerial vehicle 196 for the surveillance of one private individual by another 197 private individual unless the agency obtains one of the 198 following:

199 (1) The express, informed consent of the individual being 200 surveilled by the unmanned aerial vehicle;

201 (2) The express, informed consent of the owner of the real 202 property on which the individual being surveilled by the 203 unmanned aerial vehicle is present.

204 Sec.

4561.64.

(A) A law enforcement agency shall do both 205 of the following relative to its use of unmanned aerial 206 vehicles:

207 (1) Ensure that the agency and any applicable peace 208 officer employed by the agency documents all flight data for 209 each surveillance flight of an unmanned aerial vehicle taken by 210 or on behalf of the agency;

211 (2) Verify that the flight data for each surveillance 212 flight is accurate and complete.

213 (B) A law enforcement agency shall retain any surveillance 214 data or flight data that is relevant to an ongoing 215 investigation, trial, or litigation until it is determined that 216 such data is no longer necessary for that purpose.

217 (C)(1) Except as provided by division (C)(2) of this 218 Sub.

251 Page136th 9G.A. As Passed by the House section, a person accused of a crime that includes evidence 219 gathered through the use of an unmanned aerial vehicle may 220 obtain, via the subpoena and discovery process available during 221 court proceedings, information relating to that person acquired 222 in the course of surveillance of that person by the unmanned 223 aerial vehicle.

224 (2) The operationalsection capabilitiesnumbering of thelaw unmannedof aeriala 225general vehicle and unmannedpermanent aerialnature vehicleis systemcomplete or other operational 226 information strictly related to the technical conduct and 227in physicalconformity securitywith of the surveillanceRevised operationCode. is not evidence 228 subject to subpoena or discovery under division (C)(1) of this 229 section.

230Director, (D)Legislative TheService flightCommission. and surveillance data required and retained 231 in accordance with this section is a public record for purposes 232 of section 149.43 of the Revised Code, unless the content of 233 that flight data or surveillance data qualifies for an exemption 234 under that section.

235Filed Sectionin 2.the office of the Secretary of State at Columbus, Ohio, on the ____ day of ___________,A.

ThatD. existing sections 4561.01 and 4561.11 of 236 the Revised Code are hereby repealed.

23720____.

Secretary of State.

File No.

_________ Effective Date ___________________