KRS § 500.130 — KY Code / Title L / Chapter 500 / Section 500.130
500.130 Operation of unmanned aircraft system -- Definitions -- Restrictions
Status: in_force

500.130 Operation of unmanned aircraft system -- Definitions -- Restrictions.

(1) As used in this section:

(a) "Communications service" means a cable, broadband, streaming, or

telecommunications service; and

(b) "Surveillance" means:

1. With respect to an owner, tenant, occupant, invitee, or licensee of

privately owned real property, the observation of such persons with

sufficient visual clarity to be able to obtain information about their

identity, habits, conduct, movements, or location; or

2. With respect to privately owned real property, the observation of such

property's physical improvements with sufficient visual clarity to be able

to determine unique identifying features or its occupancy by one (1) or

more persons.

(2) Except for unmanned aircraft systems operated by the United States Army, Navy,

Marine Corps, Air Force, Space Force, or Coast Guard, or a reserve component

thereof, or by the Army National Guard or Air National Guard, unmanned aircraft

systems may not be equipped with a lethal payload.

(3) Except as provided in subsection (12) of this section, any business entity doing

business lawfully within this state may use an unmanned aircraft system for

business purposes, in compliance with 14 C.F.R. pt. 107. Business entities

operating an unmanned aircraft system pursuant to this subsection may include but

are not limited to:

(a) A property appraiser, assessing property for ad valorem taxation with the

express, prior, written permission of the owner, tenant, occupant, invitee, or

licensee of the privately owned real property;

(b) A utility or communications service;

(c) An entity conducting aerial mapping;

(d) An entity conducting cargo;

(e) An insurance company or a person acting on behalf of an insurance company

for purposes of underwriting an insurance risk or investigating damage to

insured property; or

(f) An entity conducting images necessary for the safe operation or navigation of

an unmanned aircraft system that is being used for a purpose allowed under

federal or Kentucky law.

(4) Any recreational user may operate an unmanned aircraft system within this state, in

compliance with 14 C.F.R. pt. 101.

(5) Any institution of higher education, or school district, may use an unmanned

aircraft system for educational, research, or testing purposes.

(6) No law enforcement agency, or agent thereof, shall use an unmanned aircraft

system to conduct a search unless authorized under the Fourth Amendment to the

United States Constitution and Section 10 of the Kentucky Constitution. If the

search is conducted pursuant to a warrant, the warrant shall specifically authorize

the use of an unmanned aircraft system.

(7) Except as limited by subsection (6) of this section, any government agency,

including a law enforcement agency, may use an unmanned aircraft system for

legitimate governmental purposes.

(8) When an unmanned aircraft system is used by law enforcement pursuant to

subsections (6) and (7) of this section, it shall be operated in a lawful manner and

shall minimize data collection on nonsuspects. Disclosure of such data shall be

prohibited except by order of a court of competent jurisdiction.

(9) No evidence obtained or collected as the result of the use of an unmanned aircraft

system shall be admissible as evidence in any civil, criminal, or administrative

proceeding within this state for the purpose of enforcing state or local law, except

for:

(a) Evidence collected as permitted by subsections (3)

to (7) of this section; or

(b) Evidence which is offered against the owner or operator of an unmanned

aircraft system to show misconduct.

(10) No law enforcement agency shall be required to operate unmanned aircraft systems.

(11) Operation of an unmanned aircraft system in violation of subsection (3) or (4) of

this section shall be a violation for the first offense and a Class B misdemeanor for

the second or subsequent offense.

(12) A person operating an unmanned aircraft system pursuant to subsections (3) to (5)

of this section shall not use an unmanned aircraft system to record an image of

privately owned real property or of the owner, tenant, occupant, invitee, or licensee

of such property with the intent to conduct surveillance on, or publish unauthorized

images of, the individual or property captured in the image in violation of the

person's reasonable expectation of privacy. For purposes of this subsection, a

person is presumed to have a reasonable expectation of privacy on his or her

privately owned real property if he or she is not observable by persons located at

ground level in a place where they have a legal right to be, regardless of whether he

or she is observable from the air with the use of an unmanned aircraft system.