SB378 Alabama 2016 Session

Summary

Primary Sponsor

Arthur OrrSenator

Republican

Session

Regular Session 2016

Title

Unmanned aircraft systems or drones, use of prohibited under certain conditions, criminal penalties, injuctive relief, use by governmental agencies authorized under certain conditions, Unmanned Aircraft Systems Act

Summary

SB378 would create the Alabama Unmanned Aircraft Systems Act to restrict drone use over certain facilities, protect hunters, limit government drone activity, and provide penalties and civil remedies for violations.

What This Bill Does

It bans flying over designated facilities without the owner's written consent, prohibits using drones to harass hunters or to aid hunting, and imposes criminal penalties for violations. It also bans weaponized drones and restricts drone use that interferes with law enforcement or emergency responders, while allowing civil actions and damages by affected facility owners. The bill limits government use of drones to gather evidence unless a warrant or specific exceptions apply, and it allows injunctive relief and damages for violations, with rules to be set by the DOT.

Who It Affects

• Designated facility owners/operators (such as refineries, chemical plants, storage facilities, electric generation sites, rail yards, ports, and drinking water facilities) and individuals who hunt or fish, who gain legal protection from unauthorized drone activity and the ability to seek damages or injunctions.
• Government agencies, law enforcement, emergency medical professionals, and contractors serving those agencies, who would face restrictions on drone use for evidence gathering and must follow warrants or specified exceptions; they also face potential civil actions for violations.

Key Provisions

• Defines Designated Facility (petroleum refineries; chemical/rubber facilities; storage facilities; electric generation facilities/substations; rail yards; commercial ports/harbors; drinking water treatment facilities).
• Unlawful uses include: flying over a designated facility without written consent, unlawful surveillance or recording, distribution of unlawfully obtained information, harassment of hunters/fishers, and using a drone to aid in hunting or fishing.
• Affirmative defense allows destruction/return of captured data or stopping disclosure once violation is known.
• Criminal penalties: first offense is Class B misdemeanor; second or subsequent offenses are Class A misdemeanor; willful disruption of a manned aircraft with a drone is a Class C felony; other unlawful acts listed carry Class A misdemeanor.
• Civil remedies for facility owners: may sue to stop violations or recover damages; up to $5,000 per unlawfully published image/video plus costs and attorney fees.
• Prohibits sale/transport/manufacture/possession of weapon-equipped drones and certain uses that obstruct or endanger motorists, law enforcement, EMS, or prison facilities.
• Government use restrictions: agencies may use drones only with a warrant or under narrowly defined urgent circumstances; other allowed uses include plain view surveillance, events with public invitees, fugitive searches, and search-and-rescue operations; evidence obtained may be excluded from prosecutions; images may not be retained by agencies.
• DOT may adopt rules to implement the act; other federal/state allowances remain intact (e.g., certain defense or facility operations).
• Constitutional Amendment 621 note: local expenditure requirements are exempted due to the bill defining a new crime or amending a crime definition.
• Effective date: becomes law on the first day of the third month after passage and gubernatorial approval.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Crimes and Offenses