Legislators added the original bill’s language to H.878, which deals with “miscellaneous judiciary procedures.”

By Norah White

Earlier this year, lawmakers were discussing a bill that would ban people from flying drones less than 100 feet above private property or using a drone to conduct surveillance. 

The bill — H.284 — missed the crossover deadline and didn’t make it out of its House committee. But the bill’s proposals still have a chance of becoming law after legislators added the original bill’s language to H.878, which deals with “miscellaneous judiciary procedures.” That bill passed the House in late March, and senators have been discussing it across April.

“I believe quite honestly human error caused the missed deadline. It happens,” said Rep. Josie Leavitt, D-Grand Isle, one of the lead sponsors on the bill. 

The old bill was met with support from legislators when introduced, though the founder of drone services group called the bill’s provisions arbitrary and said consumer drones lacked the zoom to see clear details from high up. 

If enacted, the bill would establish a blanket prohibition — you can’t fly a drone over a property for recreational purposes at an altitude of less than 100 feet without the consent of the property owner.

It would also prohibit using a drone to record privately owned property at all with the intent to surveil the property or its occupants. The bill defines surveillance as observing people or property clearly enough to make out unique features or pieces of information. 

The goal of the provisions is to protect the privacy of property owners. Anyone violating the restrictions would face up to a $50 fine the first time, then up to $250 going forward. 

The legislative effort was sparked by a homeowner reaching out with concern about a drone hovering over his house when his daughter was sunbathing, Leavitt said in an interview earlier this year.

“The thing that’s most important about this bill is to just gently remind drone operators that they need to respect private property,” Leavitt said at the time. 

As of May 1, the bill was in the Senate Committee on Judiciary.

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