SB291 SFAT CARMICHAEL #2

Senator Carmichael moves to amend the title of the bill to read as follows:

Engrossed Com. Sub. for S. B. 291 - - A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §61-14-1, §61-14-2, §61-14-3, §61-14-4, §61-14-5 and §61-14-6, all relating to regulation of unmanned aircraft systems; defining terms; requiring compliance with federal laws and regulations relating to such unmanned aircraft systems; creating criminal offenses for certain conduct using an unmanned aircraft system and setting penalties therefor; creating and defining the misdemeanor offenses of unlawful operation of an unmanned aircraft system and operation of an unmanned aircraft system while under the influence of  alcohol controlled substances or drugs; creating felony criminal offense for operating an unmanned aircraft system equipped with a lethal weapon and setting penalties therefor; creating felony criminal offense for operating an unmanned aircraft system with the intent to cause damage or disrupt in any way the flight of a manned aircraft and setting penalties therefor; setting forth limitations and prohibitions of the use of unmanned aircraft systems by law-enforcement; requiring law-enforcement obtain any necessary federal authorization, permit or certificate to operate an unmanned aircraft system; requiring law-enforcement operation of an unmanned aircraft system to only be done by trained and certified persons under appropriate supervision; necessitating law-enforcement operate unmanned aircraft system for a lawful public purpose; requiring documentation of law-enforcement flights of unmanned aircraft systems and maintenance of records; requiring that law enforcement agencies establish method for public notification of operation of an unmanned aircraft system; providing for community involvement in development of policies;  requiring search warrants to be obtained before unmanned aircraft systems may be used in criminal investigations and creating exemptions thereto; prohibiting law-enforcement from using an unmanned aircraft system for purposes of traffic enforcement; making clear allowance of law enforcement when there is reasonable cause to believe that the use and operation of an unmanned aircraft system would safely avert imminent threats to human life and safety, property damage or environmental damage; requiring the Law Enforcement Professional Standards Subcommittee to propose legislative rules and promulgate emergency rules if necessary; prohibiting the operation of an unmanned aircraft system over the property of a targeted facility to intentionally deploy any substance, material, projectile or object, or to conduct surveillance of, gather evidence and information about, or photographically or electronically record a targeted facility without the prior consent of the owner of the targeted facility; providing exceptions to the prohibition of operation over the property of a targeted facility; creating criminal offense for the operation of an unmanned aircraft system over the property of a targeted facility in violation of these provisions and setting penalties  therefor; providing for increased penalties for second or subsequent offenses; and restricting the use of images obtained from unlawful operation of an unmanned aircraft system.