An Act To Protect the Privacy of Citizens from Domestic Unmanned Aerial Vehicle Use
Maine Legislature, Session 126, LD 0236
Committee Amendment CA_A_S281 (Senate)

COMMITTEE AMENDMENT "A "to S.P. 72, L.D. 236, Bill, "An Act To Protect 
the Privacy of Citizens from Domestic Unmanned Aerial Vehicle Use" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Regulate Domestic Unmanned Aerial Vehicle Use' 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 25 MRSA Pt. 12 is enacted to read: 
PART 12 
UNMANNED AERIAL VEHICLES 
CHAPTER 551 
REGULATION OF UNMANNED AERIAL VEHICLES 
§4501. Regulation of unmanned aerial vehicles 
1. Findings. The Legislature finds that evolving technology regarding umnanned 
aerial vehicles presents a real benefit for security, for search and rescue efforts and for 
disaster prevention and relief, as well as a tool for the investigation of serious crimes, but 
the technology also presents a potential threat to the privacy of citizens of this State if 
used by law enforcement in the conduct of criminal investigations without appropriate 
guidelines and supervision. 
2. Definitions. As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
A. "Law enforcement agency" has the same meaning as in section 3701, subsection 
1. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A" to s.p. 72, LD. 236 
B. "Unmanned aerial vehicle" means an aircraft operated without a physical human 
presence within or on the aircraft that, in the manner in which the aircraft is used or 
the manner in which it is equipped, is capable of performing audio or visual 
surveillance. 
3. Acquisition of unmanned aerial vehicles. The acquisition of an unmanned aerial 
vehicle by a law enforcement agency must be approved by the governing body of the 
governmental unit overseeing the law enforcement agency seeking to make such an 
acquisition or, in the case of a state agency, by the commissioner of that agency. 
4. 
Law enforcement agency operation of unmanned aerial vehicles. A law 
enforcement agency's operation of an unmanned aerial vehicle must fully comply with all 
Federal Aviation Administration requirements and guidelines, including the acquisition of 
a certificate of authorization or waiver from the Federal Aviation Administration. 
S. Prohibited and authorized uses. Use of an unmanned aerial vehicle by a law 
enforcement agency is governed by this subsection. 
A. Before July 1, 2014, a law enforcement agency may not use an unmanned aerial 
vehicle. 
B. On or after July 1, 2014, a law enforcement agency may not use an unmanned 
aerial vehicle before adopting standards in accordance with subsection 6. 
C. A law enforcement agency may not use or facilitate the use of a weaponized 
unmanned aerial vehicle. 
D. A law enforcement agency may not use an unmanned aerial vehicle to conduct 
surveillance on private citizens peacefully exercising their constitutional right of free 
speech and assembly. 
E. Notwithstanding paragraphs A and B, a law enforcement agency may use an 
unmanned aerial vehicle for the purpose of an emergency search or rescue operation 
when the law enforcement agency determines that use of an unmanned aerial vehicle 
is necessary to alleviate an immediate danger to any person, or for training exercises 
related to such uses. The determination that an emergency exists must be approved 
by the chief administrative officer of the law enforcement agency, or the designee of 
the chief administrative officer, or the Governor. 
F. Notwithstanding paragraphs A and B, a law enforcement agency may use an 
unmanned aerial vehicle for purposes other than the investigation of crime, including, 
but not limited to, damage assessment, traffic accident assessment, flood stage 
assessment and wildfire assessment. 
6. Policy standards. The board, in consultation with the Office of the Attorney 
General, shall establish standards for written policies or protocols for use of umnanned 
aerial vehicles by law enforcement agencies. The standards must include at a minimum: 
A. Training and celiification requirements for a person operating an unmanned aerial 
vehicle; 
B. Requirements for prior authorization for the use of an unmanned aerial vehicle by 
the chief administrative officer of the law enforcement agency seeking to use such a 
vehicle; 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ")"," to S.P. 72, L.D. 236 
C. 
Approval by the Attorney General or chief prosecuting attorney for the 
appropriate jurisdiction for the deployment of an unmanned aerial vehicle for 
criminal investigation purposes; 
D. Restrictions on the use of night vision technology, high-powered zoom lenses, 
video analytics, facial recognition technology, thermal imaging and other such 
enhancement and analytic technology; 
E. 
Recommended minimum altitudes and speeds at which an unmanned aerial 
vehicle may be flown in order to minimize the invasion of privacy of 3rd parties who 
are not under investigation;. 
F. Procedures to minimize intrusions into the private space of 3rd parties; 
G. 
Procedures to minimize the inadvertent audio or visual recording of private 
spaces of 3rd parties; 
H. Procedures for destroying any unnecessary audio or visual recordings without 
further duplication or dissemination; 
I. Methods for tracking and recording the flight of each unmanned aerial vehicle; 
J. Methods to minimize the number of unmanned aerial vehicles deployed at anyone 
time in anyone area or at anyone event; 
K. Procedures to avoid hazards to persons and property on land and in the air due to 
the operation of unmanned aelial vehicles; 
L. Requirements for documenting the flight, location, purpose and result of the 
deployment of an unmanned aerial vehicle; 
M. 
Requirements for regular statistical reporting of all uses of unmanned aerial 
vehicles, including the purposes, the results and the duration of such uses, to the 
appropriate governmental bodies; and 
N. Accountability of a law enforcement agency for any mistake in deployment or 
misuse of an unmanned aerial vehicle, including sanctions as provided in section 
2803-C or section 2806, as applicable. 
Sec. 2. 
Standards, data collection, report; legislation. 
In developing 
minimum standards for written policies or protocols for use of unmanned aerial vehicles 
by law enforcement agencies as required in the Maine Revised Statutes, Title 25, section 
2803-D, subsection 6, the Board of Trustees of the Maine Criminal Justice Academy shall 
take into account individuals' reasonable expectation of privacy under the Fourth 
Amendment of the United States Constitution. The board of trustees shall review the 
options for collecting and reporting information on the use of unmanned aerial vehicles. 
The board of trustees shall report to the Joint Standing Conunittee on Judiciary by 
December 31, 2013 the following: 
1. Minimum standards for written policies or protocols for use of unmanned aerial 
vehicles by law enforcement agencies; 
2. Recommendations to ensure that individuals' reasonable expectation of privacy is 
protected; and 
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COMMITTEE AMENDMENT 'A" to s.P. 72, L.D. 236 
3. Recommendations for the appropriate collection and reporting of infonnation on 
the use of unmanned aerial vehicles. 
The Joint Standing Committee on Judiciary may report out legislation to the Second 
Regular Session of the 126th Legislature upon receipt of the report.' 
SUMMARY 
This amendment is the majority report of the Joint Standing Committee on Judiciary. 
It replaces the bill. 
This amendment includes a legislative findings subsection to recognize the potential 
benefits and risks of the evolving technology of unmanned aerial vehicles. 
This amendment defines "unmanned aerial vehicle" to include the capability of 
perfonning audio and visual surveillance. It requires the governing body of the law 
enforcement agency to approve of the acquisition of an unmanned aerial vehicle by the 
law enforcement agency. It requires that a law enforcement agency must comply with 
Federal Aviation Administration requirements when operating an unmanned aerial 
vehicle. 
This amendment creates a moratorium on the use of unmanned aerial vehicles by law 
enforcement agencies until July 1,2014. On or after July 1, 2014, a law enforcement 
agency may operate an unmanned aerial vehicle only after it has adopted the standards 
established by the Board of Trustees of the Maine Criminal Justice Academy. There is an 
exception for the use of an unmanned aerial vehicle in emergency search or rescue 
operations when the Governor or the chief administrative officer of a law enforcement 
agency or the chief administrative officer's designee detennines that the use is necessary 
to alleviate immediate danger to any person. Unmanned aerial vehicles can be used as 
part of training exercises to prepare for such emergencies. In addition, a law enforcement 
agency may use unmanned aerial vehicles for purposes other than the investigation of 
crimes, such as damage assessment, traffic accident assessment, flood stage assessment 
and wildfire assessment. 
This amendment prohibits a law enforcement agency from using a weaponized 
unmanned aerial vehicle. 
This amendment requires the Board of Trustees of the Maine Criminal Justice 
Academy to establish minimum standards for written policies and protocols for use of 
unmanned aerial vehicles. In developing the standards, the board of trustees is directed to 
take into account individuals' reasonable expectation of privacy under the Fourth 
Amendment of the United States Constitution. The board of trustees shall also review the 
options for collecting and reporting infonnation on the use of unmanned aerial vehicles. 
The board of trustees is required to report to the Joint Standing Committee on Judiciary 
by December 31, 2013 concerning the minimum standards for written policies or 
protocols for use of unmanned aerial vehicles by law enforcement agencies, 
recommendations to ensure that individuals' reasonable expectation of privacy is 
protected and recommendations for the appropriate collection and reporting of 
infonnation on the use of unmanned aerial vehicles. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "/"," to S.P. 72, L.D. 236 
The Joint Standing Committee on judiciary is authorized to report out legislation to 
the Second Regular Session of the 126th Legislature upon receipt of the report. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
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Approved: 05115113 
;rb.?ac 
LD236 
LR 19(02) 
An Act To Protect the Privacy of Citizens from Domestic Unmanned Aerial Vehicle Use 
Fiscal Note for Bill as Ame~ded by C~~mittee Amendment '1\.' ~ -281 ') 
CommIttee: JudIcIary 
l..:J 
'/ 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor cost increase - Other Special Revenue Funds 
Fiscal Detail and Notes 
The additional costs to the Departments of the Attorney General and Public Safety are expected to be minor and can 
be absorbed utilizing existing budgeted resources. 
LROO 19(02) - Fiscal Note - Page 1 of 1