HB498 Alabama 2017 Session

Summary

Primary Sponsor

Chris SellsRepresentative

Republican

Session

Regular Session 2017

Title

Unmanned aircraft systems or drones, use of prohibited under certain conditions, criminal penalties, injunctive relief, use by governmental agencies authorized under certain conditions, rulemaking authority, Unmanned Aircraft Systems Act, Secs. 13A-6-24, 13A-6-90.1, 13A-7-22, 13A-10-2, 13A-10-38, 13A-11-32, 23-1-388 am'd.

Summary

HB498 would regulate unmanned aircraft systems (drones) in Alabama by restricting overflight of certain facilities, banning weaponized drones, limiting government use, and adding civil and criminal penalties.

What This Bill Does

It would prohibit using a drone to fly over designated facilities without the owner's written consent, with some exceptions, and would criminalize certain drone-related harassment and data gathering. It would ban sale, transport, manufacture, or possession of drones equipped with weapons. It would restrict government agencies from using drones to gather evidence unless warrants or specific exceptions apply, and it would allow civil actions and damages against violators. It would grant the Department of Transportation rulemaking authority to implement these provisions and define key terms.

Who It Affects

• Owners or operators of designated facilities (such as refineries, chemical plants, electric facilities, water treatment, ports, and other critical infrastructure) who can seek civil relief and damages for unlawful drone activity over their property.
• General drone operators, the public, news organizations, and government agencies who would be subject to new prohibitions, penalties, and regulatory requirements related to drone use.

Key Provisions

• Establishes the Alabama Unmanned Aircraft Systems Act with definitions for designated facilities, government agencies, manned aircraft, and unmanned aircraft systems.
• Unlawful use of a drone includes intentionally surveilling or recording a designated facility without consent, distributing obtained data, and harassing individuals; there are exceptions for contractors, government use, utility/infra monitoring, and lawful news gathering.
• Criminal penalties: first offense is a Class B misdemeanor; second or subsequent offenses are Class A misdemeanors; affirmative defense if images/data are destroyed or ceased being disclosed upon discovery of violation.
• Civil remedies: facility owners can sue for relief or, instead of actual damages, may recover $5,000 per unlawfully disseminated photo/image/video plus costs and attorney fees.
• Weaponized drones ban: illegal to sale, transport, manufacture, or possess a drone equipped with a weapon; defined narrowly as devices designed to cause serious injury or death or that resemble such weapons.
• Government use restrictions: agencies may use drones only with warrants or under specified urgent conditions; evidence obtained in violation is not admissible; images cannot be retained by the agency.
• Rulemaking authority granted to the Department of Transportation to implement the act.
• Exemptions: federal regulation governs national airspace; Alabama National Guard and U.S. military use are not prohibited; activities by facility owners or their contractors for normal business operations are allowed within certain limits.
• Preemption and local regulation: FAA has sole authority over national airspace; municipalities cannot create no-fly zones without FAA approval, but can regulate within their boundaries; local expenditures are addressed under Amendment 621.
• Effective date: becomes law on the first day of the third month after passage and governor 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