HB1775.DOC

SECTION 1. This Act shall be known and may be cited as the "Protection from Unwarranted Surveillance Act."

SECTION 2. The legislature finds that since the mid-1960s, federal and state agencies have drastically increased their reliance on military technologies to respond to domestic strife and to conduct routine law enforcement operations. The lack of caution in employing these technologies and the accelerated implementation of surveillance tools such as remotely operated vehicles, commonly known as "drones", throughout the United States poses a serious threat to the privacy and constitutional rights of the people of the State.

The legislature also finds that public and private entities have begun to use drones for various law enforcement, commercial, and scientific tasks within the United States, absent any guidance or guidelines from lawmakers. The federal government and the State have thus far failed to provide reasonable legal strictures on the use of drones within their respective jurisdictions. Since January 2013, nine states have passed laws that address this legislative gap. Hawaii is among thirty-five states that introduced legislation during the past year that would restrict drone use but failed to enact the proposed measures.

The legislature further finds that the protection of human life and other similar interests that involve remote presence tasks may override the right to privacy and that provision needs to be made for certain research and humanitarian uses of remotely operated vehicles. The legislature does not intend to interfere with the use of remotely operated vehicles by federal entities.

The purpose of this Act is to prohibit the abuse, misuse, or unwarranted collection of personal information gathered by remotely operated vehicles and to implement safeguards against constitutionally dubious surveillance programs.

SECTION 3. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter

REMOTELY OPERATED VEHICLES

§ -1 Definitions. As used in this chapter, unless the context otherwise requires:

"Department" means the department of transportation.

"Director" means the director of transportation.

"Law enforcement agency" means a state or county agency that is responsible for the prevention and detection of crime and the enforcement of penal, traffic, regulatory, game, or controlled substance laws.

"Person" means any individual, corporation, partnership, association, cooperative, limited liability company, trust, joint venture, government agency, political subdivision, or any other legal or commercial entity and any successor, representative, agent, or instrumentality thereof.

"Personal information" means all information that:

(1) Describes, locates, or indexes information or data relating to person, including but not limited to physical location, social security number, driver's license number, government-issued identification number, student identification number, real or personal property holdings identified in tax filings, educational records, financial transactions, medical history, ancestry, religious affiliation, political ideology or affiliation, criminal record, or employment history;

(2) Affords a basis for inferring personal characteristics, such as facial recognition and other biometric identification technology, fingerprints, voiceprints, or photographs; or

(3) Indicates a person's membership in or association with an organization, participation in an activity, or admission or entrance to an institution or facility.

"Public agency" means any office, department, authority, board, commission, bureau, division, public corporation, entity, or other instrumentality of the State or its political subdivisions.

"Remotely operated vehicle":

(1) Means any unmanned aerial vehicle, unmanned marine vehicle, and any other land, sea, or aerial device that:

(A) Can be operated autonomously or remotely by a human being or by artificial intelligence;

(B) Is capable of powered or unpowered movement or hovering;

(D) Is with or without a sensing device; and

(E) Is with or without a tether connecting the device to the ground or another object; and

(2) Does not include a satellite.

"Sensing device" means a device capable of acquiring data or information from its surroundings, including but not limited to:

(1) Cameras using any wavelength of the electromagnetic spectrum, including visible, ultraviolet, or infrared frequencies;

(2) Microphones;

(3) Thermal detectors;

(4) Chemical detectors;

(5) Radiation detectors;

(6) Facial recognition technology or other soft biometric recognition technology;

(7) Laser radar; and

(8) Wireless receivers in any frequency.

"Unmanned aerial vehicle":

(1) Means a device used or designed for flight that is operated without direct human intervention from on or within the vehicle, and includes aircraft capable of flight under autonomous programming; and

(2) Does not include model flying aircraft or rockets, including those that are radio-controlled or otherwise remotely controlled, are operated below four hundred feet above ground level and in compliance with Federal Aviation Administration requirements, and are used purely for hobby, sport, or recreational purposes.

"Unmanned marine vehicle":

(1) Means a water craft operated under or on the surface of the waters of the State without direct human intervention from on or within the craft, and includes water craft capable of operating under autonomous programming; and

(2) Does not include model watercraft, including those that are radio-controlled or otherwise remotely controlled and are used purely for hobby, sport, or recreational purposes.

§ -2 Compliance with applicable laws. (a) No person shall operate an unmanned aerial vehicle in the State:

(1) Without first obtaining the applicable Federal Aviation Administration authorization to operate the vehicle; or

(2) In a manner that does not comply with the terms and conditions of the authorization.

(b) Any person operating an unmanned aerial vehicle in the State shall do so in compliance with chapter 263 and all applicable federal laws and Federal Aviation Administration regulations relating to the operation of unmanned aircraft.

§ -3 Department approval; data collection statement; reporting. (a) No public agency shall acquire or operate a remotely operated vehicle without first obtaining the approval of the department.

(b) Any person who owns or operates a remotely operated vehicle that is equipped with a sensing device shall file a data collection statement with the department that includes:

(1) The time, location, and general manner of operation of the remotely operated vehicle; and

(2) Actions that the operator will take to minimize the unintentional collection of personal information.

(c) The director shall submit an annual report to the legislature, no later than twenty days prior to the convening of each regular session, that includes:

(1) The number of applications to acquire or operate a remotely operated vehicle that were submitted to the department by public agencies, including the:

(A) Number of application that were approved; and

(B) The justification for each approval; and

(2) The number of data collection statements filed with the department.

(d) The director shall adopt rules pursuant to chapter 91 and prepare forms as necessary to effectuate the purposes of this section.

§ -4 Collection of information; distribution; prohibition. (a) Except as provided in sections -5(b) and ‑7, no person shall:

(1) Intentionally use a remotely operated vehicle to collect personal information; or

(2) Publicly distribute or publish personal information that is collected, whether intentionally or unintentionally, by a remotely operated vehicle.

(b) No personal information collected on an individual other than as provided in section -5(b) shall be copied, used, or disclosed for any purpose, and any such personal information shall be destroyed or deleted as soon as possible and in no event later than twenty-four hours after collection.

§ -5 Prohibited uses by law enforcement agencies. (a) No law enforcement agency shall use a remotely operated vehicle to gather evidence or other information pertaining to criminal conduct or conduct in violation of a statute, ordinance, or administrative rule.

(b) Notwithstanding subsection (a), a law enforcement agency may deploy a remotely operated vehicle:

(1) When there is a reasonable belief that an emergency situation exists, whether or not the situation involves criminal activity, and the use of a remotely operated vehicle is necessary to prevent immediate danger of death or serious physical injury to any person;

(2) To conduct a search and rescue operation where the use of a remotely operated vehicle is determined to be necessary to alleviate an immediate danger to any person;

(3) To respond to a hostage situation; or

(4) To conduct training exercises related to any of the purposes in paragraphs (1), (2), and (3).

§ -6 Information inadmissible as evidence. No information obtained or collected in violation of section ‑4 or ‑5 shall be admissible as evidence in a criminal prosecution in any court of law of this State.

§ -7 Exceptions. Nothing in this chapter shall prohibit the use of remotely operated vehicles by a public agency:

(1) To conduct environmental or disaster response, including but not limited to:

(A) Disaster relief;

(B) Victim recovery or search and rescue; and

(2) To dispose of a suspected or actual explosive device;

(3) To monitor plant or animal populations;

(4) To conduct atmospheric testing or monitoring; or

(5) For farming and agricultural uses; provided that no remotely operated vehicle shall be used for observation of a farm, dairy, or other agricultural facility without the written consent of the owner of the farm, dairy, or agricultural facility.

§ -8 Weapons; prohibited. In no case shall a person or public agency equip a remotely operated vehicle with a weapon or deploy a remotely operated vehicle that is equipped with a weapon in the State.

For the purpose of this section, "weapon" means any device designed to harm or incapacitate a human being by use of a projectile, explosive, biological or chemical agent, electricity, visible or invisible directed energy, radiation, or any other means.

§ -9 Penalty. A person who violates this chapter or any rule adopted by the department pursuant to this chapter shall be fined not more than $2,500 for each separate offense. Each date of violation shall constitute a separate offense. Any action taken to impose or collect the penalty provided for in this section shall constitute a civil action.

§ -10 Civil cause of action; remedies. (a) An individual shall have a civil cause of action against any law enforcement agency, public agency, or other person that collects, publishes, or distributes the person's personal information in violation of this chapter.

(b) In any civil action brought under this section, if the court finds a violation, the court may award:

(1) Injunctive relief;

(2) Equitable relief;

(3) Compensatory damages;

(4) Punitive damages, except as prohibited by section 662-2;

(5) Costs of the action; and

(6) Reasonable attorney’s fees."

SECTION 4. Chapter 183D, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§183D- Hunting by remotely operated vehicle; prohibited. (a) Except as provided in section ‑7, no person shall use a remotely operated vehicle to hunt, take, kill, capture, or incapacitate any wildlife or aquatic life on public lands or in the waters of the State.

(b) In addition to any other penalty, any remotely operated vehicle used in violation of this section may be seized and forfeited pursuant to section 199-7.

SECTION 5. Before January 1, 2015, the chief of police of each county shall develop policies and guidelines that address the operation and use of drones by each respective county police department.

SECTION 6. New statutory material is underscored.

SECTION 7. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	1775
TWENTY-SEVENTH LEGISLATURE, 2014
STATE OF HAWAII