An Act To Protect the Privacy of Citizens from Domestic Unmanned Aerial Vehicle Use
Maine Legislature, Session 126, LD 0236
Committee Amendment CA_B_S282 (Senate)

COMMITTEE AMENDMENT "~,, 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 stliking out everything after the enacting clause and before the 
swmnary and inserting the foHowing: 
'Sec. 1. 25 MRSA Pt. 12 is enacted to read: 
PART 12 
UNMANNED AERIAL VEHICLES 
CHAPTER 551 
REGULATION OF UNMANNED AERIAL VEHICLES 
§4501. Definitions 
As used in this chapter, unless the context otherwise indicates, the following terms 
have the following meanings. 
1. Law enforcement agency. "Law enforcement agency" has the same meaning as 
in section 3701, subsection 1. 
2. Unmanned aerial vehicle. "Umnanned aerial vehicle" means an aircraft that is 
operated without a physical human presence within or on the aircraft and that is guided 
by remote control. 
§4502. Operation of unmanned aerial vehicles 
1. Acquisition of unmanned aerial vehicles. The acquisition of an unmanned aerial 
vehicle by a law enforcement agency must be approved by the goveming body of the 
govemmental unit overseeing the law enforcement agency seeking to make such an 
acquisition. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT 'I!J" to S.P. 72, LD. 236 
2. Law enforcement operation of unmanned aerial vehicles. A law enforcement 
agency may not operate an unmanned aerial vehicle or collect, disclose or receive 
information acquired through the operation of an unmanned aerial vehicle except: 
A. Pursuant to an emergency enforcement or administrative investigation exception 
under section 4503; 
B. 
To collect, disclose or receive information about a person or the person's 
residence, property 01: area if that person has given written consent; 
C. Pursuant to a WatTant issued under Title 15, section 55; or 
D. 
Pursuant to an order issued by a court of competent jurisdiction if a law 
enforcement agency offers specific and at1iculable facts demonstrating that there is a 
reasonable suspicion of criminal activity, that the operation of the unmanned aerial 
vehicle will uncover such activity and that alternative methods of collecting 
information either are cost-prohibitive or present a significant risk to a person's 
bodily safety.· An order issued under this paragraph may not allow operation for a 
period greater than 48 hours. An extension of an order issued under this paragraph 
may be granted for a period no longer that1 the court determines necessary to achieve 
the purposes for which the order was granted but not to exceed 30 days. 
3. Restrictions on operation. An unmanned aerial vehicle may not employ the use 
of facial recognition technology or be equipped with a weapon except for research and 
development purposes. 
I 
§4503. Exceptions; allowed use of unmanned aerial vehicle 
Notwithstanding any other provision in this chapter, the following are not prohibited 
uses ofumnanned aellal vehicles. 
1. Emergency enforcement exception. A law enforcement agency may operate an 
unmanned aerial vehicle and collect, disclose or receive infonnation from the operation if 
the law enforcement agency reasonably detennines that an emergency enforcement 
exception is required. 
A. An emergency enforcement exception may be required because a situation exists: 
(1) That threatens national security; 
(2) That threatens state or local security; or 
(3) That threatens the life or safety of one or more individuals. 
B. When a law enforcement agency has used an umnanned aerial vehicle to collect 
or receive infonnation pursuant to this subsection. the law enforcement agency shall 
document the factual basis for the emergency enforcement exception in an affidavit 
that the law enforcement agency retains. 
2. Administrative investigation exception. The State or any political subdivision 
of the State may operate an umnanned aellal vehicle: 
A. To investigate and respond to natural disasters; 
B. To monitor the status of dams and flood-control systems; 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT 'b" to S.P. 72, L.D. 236 
C. To conduct surveys, including, but not limited to, surveys conducted by the Maine 
Geological Survey; 
D. To aid in weather forecasting; or 
E. To conduct search and rescue activities. 
§4504. Warrant provisions 
1. Absence of a warrant or court order. If the info1TI1ation sought by the operation 
of an unmanned aerial vehicle is obtained prior to the issuance of a warrant or court order 
under section 4502, subsection 2, paragraph C or D, the law enforcement agency shall 
immediately terminate the operation ofthe unmanned aerial vehicle. 
2. Denial of warrant or court order. If an application for a walnnt or court order 
under section 4502, subsection 2, paragraph C or D is denied, the law enforcement 
agency shall immediately terminate the operation of the unmanned aerial vehicle 
underlying the application and may not retain or disclose any information obtained from 
the operation of the unmanned aerial vehicle. 
3. Delayed notice. 
When a warrant or court order is sought under section 4502, 
subsection 2, paragraph C or D, a law enforcement agency may request an order delaying 
the notice required under the Maine Rules of Criminal Procedure, Rule 41 B(b)( 4) for a 
period not to exceed 10 days. The court may grant the request if the court detennines that 
providing the notice of the warrant or court order may have an adverse result, which 
includes: 
A. The endangennent of the life or physical safety of a person; 
B. A person's fleeing from prosecution; 
C. Destruction of or tampering with evidence; 
D. A person's intimidating potential witnesses; and 
E. An event that seriously jeopardizes an investigation or unduly delays a trial. 
4. 
Extension. 
The court may grant an extension of the delayed notice under 
subsection 3 for up to 10 days for each extension upon application by the law 
enforcement agency. 
5. Expiration of delayed notice. Upon expiration of the period of delayed notice 
under subsection 3, the law enforcement agency shall serve upon, or deliver by registered 
or first-class mail to the person about whom infonnation was collected, a copy of the 
warrant or court order together with notice that: 
A. States with reasonable specificity the nature of the law enforcement inquiIY; and 
B. Infonns the person about whom inf01111ation was collected: 
(1) That notification of the warrant or court order was delayed; 
(2) What law enforcement agency made the request for delayed notice; 
(3) What cOUli made the detennination to delay notice; and 
(4) Which provision of subsection 3 suppolied the cOUli's detennination. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" B " 
to S.P. 72, LD. 236 
§4505. Violations; private right of action 
If a law enforcement agency violates any provision of this chapter, the person about 
whom infonnation was collected, personally or as owner of a residence, property or area, 
in violation of this chapter may institute and prosecute in that person's own name and on 
that person's behalf a civil action for legal or equitable relief. 
In addition to 
compensatory damages, a person whose rights have been violated by a violation of this 
chapter may recover no more than $5,000 plus reasonable attorney's fees and court costs.' 
SUMMARY 
This amendment is the minority report of the Joint Standing Committee on Judiciary. 
It replaces the bilL 
This amendment retains a broad definition of "unmanned aerial vehicle." 
This amendment requires approval of the acquisition of an unmanned aerial vehicle 
by the governing body of a law enforcement agency. It prohibits a law enforcement 
agency from operating an unmanned aerial vehicle or collecting, disclosing or receiving 
infonnation acquired through the operation of an unmanned aerial vehicle except when 
pursuant to an emergency enforcement or administrative investigation exception, with the 
written consent of the person or property owner, pursuant to a warrant or pursuant to a 
court order. 
This amendment prohibits the operation of an unmanned aelial vehicle that employs 
the use of facial recognition technology or that is equipped with a weapon except for 
research and development purposes. 
This amendment provides for emergency enforcement exceptions to the use of an 
unmanned aerial vehicle without a warrant or court order. An emergency enforcement 
exception may be required because a situation exists that threatens national security, state 
or local security or the life or safety of one or more individuals. When a law enforcement 
agency has used an umnanned aerial vehicle to collect or receive infonnation under an 
emergency enforcement exception, the law enforcement agency is required to document 
the factual basis for the emergency enforcement exception in an affidavit that the law 
enforcement agency retains. 
This amendment provides for administrative investigation exceptions for the use of 
an unmanned aelial vehicle by the State or any political subdivision of the State to 
investigate and respond to nahIra! disasters, to monitor the status of dams and flood-
control systems, to conduct surveys, including but not limited to surveys conducted by 
the Maine Geological Survey, and to aid in weather forecasting. 
This amendment provides that if the operation of an umnanned aerial vehicle is 
struied before a warrant or couli order is obtained and the information beipg sought is 
collected before the wruTant or coilli order is obtained, the law enforcement agency must 
immediately tenninate the operation of the umnanned aerial vehicle. If the wan"ant or 
cOilli order is denied, the law enforcement agency must ilmnediately tenninate the 
operation of the unmanned aelial vehicle and the law enforcement agency may not retain 
or disclose any infonnation obtained from the operation of the unmrumed aelial vehicle. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "6,, to S.P. 72, L.D. 236 
When a wan-ant or court order is sought, the law enforcement agency may request an 
order delaying the notice required under the Maine Rules of Criminal Procedure. The 
delay may not exceed 10 days, and 10-day extensions may be granted. When the order 
for delayed notice has expired, the law enforcement agency is required to provide the 
notice to the person about whom the information was collected. The notice must include 
the nature of the law enforcement inquiry, the infom1ation that was collected and the 
justification for the delay. 
This amendment creates a private right of action against a law enforcement agency 
for violations of the new law. A person may collect compensatory damages plus up to 
$5,000 and reasonable attorney's fees and court costs. 
FISCAL :.\OTE REQ11RED 
(~ee attached) 
COMMITTEE AMENDMENT 
Approved: 06111113 
~ac:. 
LD236 
LR 19(03) 
An Act To Protect the Privacy of Citizens from Domestic Unmanned Aerial Vehicle Use 
Fiscal Note for Bill as Amended by Committee Amendment 'EiL6-2.5~ 
Committee: JUdiciary 
Fiscal Note Required: Yes 
Fiscal Note 
Potential current biennium cost increase - General Fund 
Correctional and Judicial Impact Statements 
Increases civil actions and caseloads. 
The collection of additional filing fees may also increase General Fund revenue by minor amounts. 
Fiscal Detail and Notes 
The Department of the Attorney General has identified the need for a General Fund appropriation of $47,210 in fiscal 
year 2014-15 for one half-time Assistant Attorney General position to address an anticipated increase in workload 
from additional warrants and court orders and potential costs to defend State agencies. No funding is provided in this 
bill. The actual increase in workload will depend on the use of unmanned aerial vehicles in the State and cannot be 
fully estimated at this time. 
LROO 19(03) - Fiscal Note - Page 1 o£1