Status of Domestic Drone Legislation in the States [1]
Final update to this chart 1/22/14. Status of 2014 legislation is available here [2].
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 [3] 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 [4] 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 [5]for an analysis of the content of drone legislation throughout the nation.)
Legislation proposed in 43 states and enacted in 9 states.
(Update: The 2013 state legislative sessions have drawn to a close. This chart represents a snapshot of the 2013 state legislative action on drones. Many of the bills listed below have been 'carried over' into 2014, and the work to legislate privacy protections for law enforcement use of drones continues. Stay tuned.)
State |
Status |
Notes |
Alabama | Passed Senate committee; legislature adjourned without further action | |
Alaska | Resolution [6]adopted creating drone task force; legislature adjourned without further action | Task force is to recommend drone policies and legislation |
Arizona | Passed House; legislature adjourned without further action | |
Arkansas | Legislature adjourned without taking up proposed legislation | |
California | Bill introduced; legislature adjourned without further action | |
Florida | Legislation [7]enacted, goes into effect July 1, 2013. | |
Georgia | Bill introduced; legislature adjourned without further action | Resolutions honoring the aerospace/drones industry also passed in both houses. |
Hawaii | Bill introduced; legislature adjourned without further action | |
Idaho | Legislation [8] enacted, goes into effect July 1, 2013 | |
Illinois | Legislation [9]enacted, goes into effect Jan. 1 2014 | |
Indiana | “Study group” resolution passed Senate committee; bill introduced; legislature adjourned without further action | |
Iowa | Bill introduced; legislature adjourned without further action | |
Kansas | Bill introduced; legislature adjourned without further action | |
Kentucky | Bill introduced; legislature adjourned without further action, but interim study hearing on drones held Aug. 21. | |
Maine | Passed both chambers, VETOED by governor | |
Maryland | Bill introduced; legislature adjourned without further action | |
Massachusetts | Introduced | |
Michigan | Introduced | |
Minnesota | Bill introduced; legislature adjourned without further action | |
Missouri | Passed House; legislature adjourned without further action | |
Montana | Legislation [10] enacted, goes into effect Oct. 1, 2013 | |
Nebraska | Bill introduced; legislature adjourned without further action | |
Nevada | Bill introduced; legislature adjourned without further action | |
New Hampshire | Dead for this year | Passed House committee; tabled in House. |
New Jersey | Passed Senate; passed committee in Assembly | Pocket vetoed (governor did not sign the bill before the deadline) |
New Mexico | Died in committee | |
New York | Introduced | |
North Carolina | Two-year moratorium enacted [11] (PDF, p. 41). | |
North Dakota | Dead for this year | Passed House, defeated in Senate. |
Ohio | Introduced | |
Oklahoma | Dead for this year | Bill held over [12]until next session; interim study hearing on drone privacy issues to be held Sept. 26 |
Oregon | Legislation [13]enacted | |
Pennsylvania | Introduced | |
Rhode Island | Bill introduced; legislature adjourned without further action | |
South Carolina | Passed House Committee; legislature adjourned without further action | |
Tennessee | Legislation [14]enacted, goes into effect July 1 | |
Texas | Legislation [15]enacted, goes into effect Sept. 1 | |
Vermont | Bill introduced; legislature adjourned without further action | |
Virginia | Legislation [16] enacted, goes into effect July 1, 2013. | |
Washington | Not brought up for full House vote before deadline, so dead for this session. | |
West Virginia | Bill introduced; legislature adjourned without further action | |
Wisconsin | Introduced | Legislature adjourned but legislation will carry over into 2014. |
Wyoming | Died in committee |