Free Future

Status of Domestic Drone Legislation in the States

By Allie Bohm, Advocacy & Policy Strategist, ACLU at 12:21pm

Updated 5/10/13

We’re currently seeing an unprecedented surge of activity in state legislatures across the country aimed at regulating domestic surveillance drones. (My colleagues Jay Stanley and Catherine Crump have this recent piece detailing the trend.)  Working closely with our lobbyists in state capitols around the country, we have been tracking this activity and working hard to make sure these privacy-protective bills become law. The chart below shows the current status of state legislation as we understand it. We will update this as we receive new information.

With the exceptions noted below, almost all of the bills we’re seeing require law enforcement to get a probable cause warrant before using a drone in an investigation.  If you see your state listed below (unless you live in Arizona), call your legislators and urge them to support privacy-protective drones legislation.

(See here for an analysis of the content of drone legislation throughout the nation.)

Legislation proposed in 41 states, enacted in 4 states, and still active in 32 states.

State

Status

Notes

Alabama Passed Senate committee  
Alaska Resolution adopted creating drone task force Task force is to recommend drone policies and legislation
Arizona Passed House committee Only protects U.S. citizens & includes carve-outs for drug crimes & human smuggling.
Arkansas Introduced  
California Introduced  
Florida Legislation enacted, goes into effect July 1, 2013.  
Georgia Introduced Resolutions honoring the aerospace/drones industry also passed in both houses.
Hawaii Introduced  
Idaho Legislation enacted, goes into effect July 1, 2013.  
Illinois Passed Senate  
Indiana “Study group” resolution passed Senate committee; bill introduced  
Iowa Introduced  
Kansas Introduced  
Kentucky Introduced  
Maine Introduced  
Maryland Introduced  
Massachusetts Introduced  
Michigan Introduced  
Minnesota Introduced  
Missouri Passed House  
Montana Legislation enacted, goes into effect Oct. 1, 2013  
Nebraska Introduced  
Nevada Introduced  
New Hampshire Dead for this year Passed House committee; tabled in House.
New Jersey Introduced  
New Mexico Died in committee  
New York Introduced  
North Carolina Introduced  
North Dakota Dead for this year Passed House, defeated in Senate.
Oklahoma Dead for this year Bill held over until next session, replaced with call for interim study on drone privacy issues.
Oregon Passed House committee  
Pennsylvania Introduced  
Rhode Island Introduced  
South Carolina Introduced  
Tennessee Bill on governor's desk  
Texas Passed in House  
Vermont Introduced  
Virginia Legislation enacted, goes into effect July 1, 2013.  
Washington Not brought up for full House vote before deadline, so dead for this session.  
West Virginia Introduced  
Wyoming Died in committee  

 

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