New Hampshire SB 519: relative to the use of unmanned aerial systems.

Bill Text

SB 519-FN - AS AMENDED BY THE SENATE

03/12/2026 1084s

2026 SESSION

 26-2075

 09/08

SENATE BILL 519-FN

AN ACT relative to the use of unmanned aerial systems. 

SPONSORS: Sen. Reardon, Dist 15

COMMITTEE: Judiciary

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AMENDED ANALYSIS

 This bill establishes a civil cause of action and a criminal penalty for the use of unmanned aerial systems for certain purposes that violate a reasonable expectation of privacy, subject to certain exceptions.

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Explanation: Matter added to current law appears in bold italics.

 Matter removed from current law appears [in brackets and struckthrough.]

 Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03/13/2026 1084s 26-2075

 09/08

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty-Six

AN ACT relative to the use of unmanned aerial systems. 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 1 New Chapter; Causes of Action Related to the Use of Small Unmanned Aircraft Systems. Amend RSA by inserting after chapter 507-I the following new chapter:

CHAPTER 507-J

CAUSES OF ACTION RELATED TO THE USE OF SMALL UNMANNED AIRCRAFT SYSTEMS

 507-J:1 Definitions. As used in this chapter:

 I. "Aircraft" means "aircraft" as it is defined in RSA 422:3, VI.

 II. "Imaging device" means any technology capable of recording or transmitting images, sound, or data.

 III. "Operate" means "operate aircraft" as that term is defined in RSA 422:3, XXII.

 IV. "Small unmanned aircraft" means "small unmanned aircraft" as it is defined in RSA 422:3, XXVII-a.

 V. "Small unmanned aircraft system" means "small unmanned aircraft system" as it is defined in RSA 422:3, XXVII-b.

 VI.(a) “Surveillance” means: 

 (1) With respect to an owner, tenant, occupant, invitee, or licensee of privately owned real property, the intentional observation of such persons with sufficient visual clarity to be able to obtain information about their identity, habits, conduct, movements, or whereabouts; and 

 (2) With respect to privately owned real property, the intentional observation of such property’s physical improvements with sufficient visual clarity to be able to determine unique identifying features or its occupancy by one or more persons. 

 (b) "Surveillance" does not include the capture of photographs, electronic images, and associated data by a drone operator that is operating for legitimate business purposes unrelated to surveillance in a manner consistent with applicable FAA rules, licenses, or exemptions. 

 507-J:2 Prohibition on Use to Violate Privacy. 

 Neither the state, or any political subdivision thereof, nor any person, shall operate a small unmanned aircraft system that includes an imaging device to conduct surveillance over private property without written consent from the property owner, in any situation where a reasonable expectation of privacy exists. For purposes of this section, a reasonable expectation of privacy shall be presumed to exist in any location where a person cannot be observed from a public ground-level position. 

 507-J:3 Exceptions. RSA 507-J:2 shall not apply to: 

 I. Law enforcement officers: 

 (a) Operating pursuant to a valid warrant;

 (b) Acting pursuant to exigent circumstances involving imminent danger to life or the risk of destruction of evidence; 

 (c) Countering a high risk of a terrorist attack by a specific individual or organization if the United States Secretary of Homeland Security determines that credible intelligence indicates that there is such a risk; 

 (d) Searching for specifically identified missing persons; 

 (e) Searching for specifically identified stolen vehicles; and 

 (f) Investigating motor vehicle accidents. 

 (g) Performing other law enforcement duties. 

 II. Inspections by a fire department in accordance with their responsibilities outlined in RSA 154:2, III. 

 III. Inspections of critical infrastructure as defined in RSA 319-D:1, II, or non-utility-owned electricity generators, by or on behalf of an owner or operator of a critical infrastructure facility for the sole purpose of monitoring, inspecting, or maintaining the facility. 

 IV. Property appraisal for taxes, provided that: 

 (a) Each property owner shall be notified that the surveillance prohibited by RSA 507-J:2 may occur and that the property owner may opt out of that surveillance without cost or other consequence; 

 (b) Any images of identifiable persons shall be blurred as soon as practicable; and 

 (c) All surveillance images shall be permanently destroyed when they are no longer needed for the purpose for which they were obtained. 

 V. Environmental emergency assessments authorized by the department of environmental services, provided th