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ACT No. 8542026 Regular Session
HOUSE BILL NO. 940
BY REPRESENTATIVE BERAULT
1 AN ACT
2 To amend and reenact R.S. 44:4.1(B)(7) and to enact R.S. 14:337.2, R.S. 42:17(F), and R.S.
3 49:954(F), relative to unmanned aircraft systems; to provide for definitions; to
4 provide for duties of law enforcement agencies and officers; to provide for
5 interception and mitigation measures; to provide for training; to provide for the
6 submission of reports; to provide for duties of the office of technology services, the
7 Governor's Office of Homeland Security and Emergency Preparedness, the office of
8 state police, and the office of the attorney general; to provide for the creation of a
9 joint task force; to provide for exceptions to the Open Meetings Law; to provide for
10 public records exceptions; to provide for exceptions to the Administrative Procedure
11 Act; to provide for a presumption; to provide relative to immunity; to provide for an
12 effective date; and to provide for related matters.
13 Be it enacted by the Legislature of Louisiana:
14 Section 1. R.S. 14:337.2 is hereby enacted to read as follows:
15 §337.2. Unmanned aircraft systems; law enforcement training standards; reporting;
16 immunity
17 A. The provisions of this Section shall be known and may be cited as the
18 "Law Enforcement Training Standards Governing Operations Act" or "LETS GO!
19 Act".
20 B. For purposes of this Section, the following terms have the following
21 meanings:
22 (1) "Forensic" means any technique in which an unmanned aircraft system,
23 its control station, or its data is examined or preserved as evidence in connection
24 with a law enforcement or regulatory action.
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1 (2) "Intercept" means any authorized action of a law enforcement officer or
2 agency to detect, track, disable, seize, or otherwise mitigate an unmanned aircraft
3 system threat in accordance with this Section.
4 (3) "Rules of engagement" means policies and operational procedures
5 governing how a law enforcement agency or officer responds to, interdicts, or
6 mitigates the operations of an unmanned aircraft system.
7 (4) "Task force" means the Counter-Unmanned Aircraft Systems Joint Task
8 Force established pursuant to the provisions of this Section.
9 (5) "Unmanned aircraft system" means an unmanned, powered aircraft that
10 does not carry a human operator, can be autonomous or remotely piloted or operated,
11 and can be expendable or recoverable. "Unmanned aircraft system" does not include
12 any of the following:
13 (a) A satellite orbiting the earth.
14 (b) An unmanned aircraft system used by the federal government or a person
15 who is acting pursuant to contract with the federal government to conduct
16 surveillance of specific activities.
17 (c) An unmanned aircraft system used by the state government or a person
18 who is acting pursuant to a contract with the state government to conduct
19 surveillance of specific activities.
20 (d) An unmanned aircraft system used by a local government law
21 enforcement agency or fire department.
22 (e) An unmanned aircraft system used by a person, affiliate, employee,
23 agent, or contractor of any business that is regulated by the Louisiana Public Service
24 Commission or by a local franchising authority or the Federal Communications
25 Commission under the Cable Television Consumer Protection and Competition Act
26 of 1992 or of a municipal or public utility, while acting in the course and scope of
27 his employment or agency relating to the operation, repair, or maintenance of a
28 facility, servitude, or any property located on the immovable property which belongs
29 to such a business.
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1 (f) An unmanned aircraft system authorized by the Federal Aviation
2 Administration to conduct commercial flights if such system is being operated by an
3 employee or agent of the system's owner in the scope of his employment.
4 C.(1) A law enforcement agency or officer acting pursuant to the rules of
5 engagement may take reasonable mitigation measures against an unmanned aircraft
6 system that the agency or officer reasonably suspects is engaged in illegal, nefarious,
7 or threatening conduct.
8 (2) Any interception or mitigation shall adhere to federal law and all of the
9 following procedures:
10 (a) It is consistent with approved rules of engagement.
11 (b) It is documented in writing or electronically.
12 (3) All equipment employed for interception or mitigation measures against
13 an unmanned aircraft system shall comply with applicable state and federal laws.
14 D.(1) A law enforcement agency or officer who performs or supervises an
15 interception of an unmanned aircraft system shall complete the training program
16 created pursuant to this Section.
17 (2) Agencies shall maintain records of officer certifications and make such
18 records available to the task force for inspection.
19 (3) By January thirtieth of each year, every agency exercising interception
20 authority over unmanned aircraft systems shall submit an annual summary of
21 training and operational incidents to the task force. Each such summary shall be
22 exempt from disclosure pursuant to the Public Records Law.
23 E. Forensic laboratories utilized pursuant to this Section shall be accredited
24 or approved by the task force or by federal agencies authorized to mitigate against
25 unmanned aircraft systems.
26 F.(1) Notwithstanding any provision of law to the contrary, the purchase,
27 lease, or rental of any information technology equipment, related services, or
28 software pursuant to the provisions of this Section shall be exempt from the
29 oversight and procurement authority of the office of technology services; however,
30 all such procurements shall be made in conformity with applicable state and federal
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1 procurement laws and regulations and the office of technology services shall assist
2 with execution of the provisions of this Section.
3 (2) The task force, with the assistance of the office of technology services,
4 shall maintain the following, the contents of which shall be exempt from disclosure
5 pursuant to the Public Records Law:
6 (a) A statewide inventory of approved hardware and software technologies
7 for agency use.
8 (b) A database accessible by state and local law enforcement agencies of
9 technical advisories and bulletins regarding the capabilities of emerging
10 counter-technology software to unmanned aircraft systems.
11 G. The task force shall prepare a threat and vulnerability, law enforcement
12 sensitive assessment for the purpose of prevention of terrorist-related activity for the
13 House and Senate Select Committees on Homeland Security.
14 H.(1) The Counter-Unmanned Aircraft Systems Joint Task Force is hereby
15 created under the jurisdiction of the Department of Public Safety and Corrections,
16 office of state police.
17 (2) The membership of the task force shall be as follows:
18 (a) The superintendent of the office of state police, or his designee, who shall
19 serve as the chairman.
20 (b) Two employees of the office of state police who are each subject matter
21 experts in unmanned aircraft systems.
22 (c) The Adjutant General of Louisiana, or his designee.
23 (d) An employee of the Governor's Office of Homeland Security and
24 Emergency Preparedness who is a subject matter expert in unmanned aircraft
25 systems.
26 (e) The executive director of the Louisiana Sheriffs' Association, or his
27 designee.
28 (f) Two members of the Louisiana Sheriffs' Association, appointed by the
29 association's executive committee, who are each subject matter experts in unmanned
30 aircraft systems.
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1 (g) The president of the Louisiana Association of Chiefs of Police, or his
2 designee.
3 (h) One member of the Louisiana Association of Chiefs of Police who is
4 selected by the executive officers of the association and who is a subject matter
5 expert in unmanned aircraft systems.
6 (3) Members shall serve without compensation, except for per diem or
7 expenses to which they may be entitled as members of their constituent
8 organizations.
9 (4) A majority of the total membership shall constitution a quorum of the
10 task force and any official action taken by the task force shall require an affirmative
11 vote of the majority of the quorum present and voting.
12 (5) The office of state police shall provide staff support to the task force.
13 (6) The task force may create subcommittees as it deems necessary.
14 I.(1) A law enforcement officer or agency who performs or supervises a
15 mitigation of an unmanned aircraft system shall be presumed to have acted within
16 the scope of lawful authority if he acts in good faith and in substantial compliance
17 with this Section.
18 (2) Immunity shall not extend to acts of gross negligence, willful
19 misconduct, or knowing violations of constitutional or statutory law.
20 (3) Nothing in this Subsection shall preclude an individual from seeking
21 judicial relief for unlawful actions or a violation of rights.
22 J.(1) The task force shall adopt policies and procedures necessary for the
23 implementation and administration of the provisions of this Section.
24 (2) The policies and procedures shall comply with federal law and include
25 but not be limited to any of the following:
26 (a) Rules of engagement and coordination with federal agencies pertaining
27 to the interception and mitigation of unmanned aircraft systems.
28 (b) Training and certification standards for law enforcement officers engaged
29 in mitigation or forensic activities. Training shall include but not be limited to all
30 of the following:
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1 (i) Identification and detection of unmanned aircraft systems.
2 (ii) Counter-technologies for unmanned aircraft systems.
3 (iii) Operational safety and risk mitigation.
4 (iv) Civil rights, privacy, and evidentiary considerations.
5 (v) Scenario-based exercises.
6 (c) Procedures for the management and preservation of forensics and
7 evidence to ensure integrity and admissibility of evidence related to unmanned
8 aircraft systems. Such procedures shall comply with federal law and include but not
9 be limited to all of the following:
10 (i) Chain of custody documentation.
11 (ii) Data extraction and verification of digital integrity.
12 (iii) Secure storage of seized equipment.
13 (iv) Metadata and telemetry preservation.
14 (v) Reporting and certification of forensic specialists.
15 (d) Interagency coordination protocols, memoranda of understanding, and
16 reporting and oversight mechanisms.
17 (e) Privacy, civil rights, and constitutional protections applicable to
18 mitigation of unmanned aircraft systems.
19 (f) Procurement and technology standards developed in consultation with the
20 office of technology services.
21 (3) Policies and procedures adopted pursuant to Subparagraphs (2)(a)
22 through (d) and (f) of this Subsection shall be exempt from disclosure pursuant to the
23 Public Records Law.
24 Section 2. R.S. 42:17(F) is hereby enacted to read as follows:
25 §17. Exceptions to open meetings
26 * * *
27 F. The provisions of this Chapter shall not apply to meetings of the Counter-
28 Unmanned Aircraft Systems Joint Task Force and any sub-committee thereof.
29 Section 3. R.S. 44:4.1(B)(7) is hereby amended and reenacted to read as follows:
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1 §4.1. Exceptions
2 * * *
3 B. The legislature further recognizes that there exist exceptions, exemptions,
4 and limitations to the laws pertaining to public records throughout the revised
5 statutes and codes of this state. Therefore, the following exceptions, exemptions, and
6 limitations are hereby continued in effect by incorporation into this Chapter by
7 citation:
8 * * *
9 (7) R.S. 14:337.2, 403, 403.1, 403.5
10 * * *
11 Section 4. R.S. 49:954(F) is hereby enacted to read as follows:
12 §954. Exemptions from provisions of Chapter
13 * * *
14 F. This Chapter shall not be applicable to the Counter-Unmanned Aircraft
15 Systems Joint Task Force and any sub-committee thereof.
16 Section 5. This Act shall become effective upon signature by the governor or, if not
17 signed by the governor, upon expiration of the time for bills to become law without signature
18 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
19 vetoed by the governor and subsequently approved by the legislature, this Act shall become
20 effective on the day following such approval.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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