Kentucky-State-FlagKentucky Senate Bill SB 38 and House Bill HB 12 were introduced to the Kentucky General Assembly prohibiting people using drones to disrupt lawful hunting as well as law enforcement using a drone to gather evidence without a search warrant. For further research and information visit Kentucky General Assembly and search for drone and unmanned aerial in the search bar.

Do not forget to always abide by the FAA regulations  no matter where you fly.

Do:

  • Fly your Drone below 400 FT
  • Fly with local clubs
  • Inspect your aircraft before you fly
  • Take a lesson before you fly

Don’t

  • Don’t fly your drone beyond line of sight
  • Don’t fly near airports or any manned aircraft
  • Don’t fly near people or stadiums
  • Don’t be carless or reckless, you could be fined if you endanger people or other aircraft
  • Don’t fly anything that weighs more than 55lbs.
  • Don’t fly for payment or commercial purposes unless specifically authorized by the FAA

SB 38

Kentucky Senate Bill

AN ACT relating to the obstruction of the lawful taking of wildlife. Amend KRS 150.710 to prohibit the use of a drone to disrupt lawful hunting, trapping, or fishing; amend KRS 446.010 to define “drone”.

No person shall intentionally obstruct or disrupt by any means the right of a person to lawfully take wildlife by hunting, trapping, or fishing

 

HB 12

Kentucky House Bill

AN ACT relating to drone surveillance. Create a new section of KRS Chapter 500 to define “drone”; prohibit a law enforcement agency from using a drone to gather evidence or other information; provide exceptions; prohibit use of evidence obtained in violation; provide that the Act may be cited as the “Citizens’ Freedom from Unwarranted Surveillance Act.”

1)        As used in this section, “drone” means an aircraft that is operated without the possibility of direct human intervention from within or on the aircraft.

(2)       Except for drones operated by the United States Army, Navy, Marine Corps, Air Force, or Coast Guard, or a reserve component thereof, or of the Army National Guard or Air Force National Guard, drones may not be equipped with a lethal payload.

(3)       Any business entity doing business lawfully within this state may use a drone for business purposes.

(4)       Any institution of higher education may use a drone for educational, research, or testing purposes.

(5)       No law enforcement agency, or agent thereof, shall use a drone to gather evidence or other information, or utilize, disclose, or receive information acquired in violation of this section unless:

(a)     The law enforcement agency first obtained a search warrant signed by a judge authorizing the limited use of a drone, and the drone is used only to obtain evidence concerning the particular person or location named in the warrant. If an emergency situation exists, an application for a search warrant approving such operation may be made within forty-eight (48) hours after the operation begins. If the warrant is denied, any information collected shall be considered to have been collected under paragraph (b) of this subsection; or

(b)     No part of any information and no evidence derived from the operation is used by the Commonwealth in any trial, hearing, or other proceeding in or before any court, grand jury, or for any intelligence purpose.

(6)       When a drone is used pursuant to subsection (5) of this section, it shall be operated in a manner to collect data only on the target and minimize data collection on individuals, homes, or areas other than the target. Neither facial recognition nor other biometric matching technology may be used on nontarget data collected by a drone. This data shall be confidential and is not subject to disclosure except by order of a court of competent jurisdiction.

(7)       No evidence obtained or collected as the result of the use of a drone 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 subsection (5)(a) of this section; or

(b)     Evidence which is offered against the owner or operator of a drone to show misconduct.

(8)       No law enforcement agency shall be required to operate drones.

(9)       This section may be cited as the “Citizens’ Freedom from Unwarranted Surveillance Act.”