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H 4546

Sine Die Addition

2025-2026 Regular Session Introduced by April Cromer

Establishes statewide UAV rules, preempts local ordinances, bans weaponized drones, sets penalties and 120-day data retention, and tightens privacy/surveillance limits.

Roll call Yeas-91 Nays-20
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WeVote Research Nonpartisan
Bill Summary · H 4546

Summary — H.4546 / “An Act relative to unmanned aerial systems” (with sine die concurrent resolution)

Status and procedural timeline
- Introduced May 8, 2025; committed to Committee on Rules same day. Roll call on that action: Yeas 91, Nays 20 (5/8/2025).
- Filed Sept. 18, 2025; Transportation Committee reported the bill favorably (committee report dated Sept. 25, 2025).
- New draft related to H.3749 and bill reported on Oct. 2, 2025; referred to House Committee on Ways and Means.
- Classification: bill proposing an amendment to Chapter 90 (motor vehicle/transportation law) and accompanied by a concurrent resolution allowing additional post‑May 8 consideration of H.4465 (“Privacy in Public Spaces Act”) prior to sine die adjournment.

Purpose / intent
- Establish statewide definitions, prohibitions, penalties, and limited law‑enforcement exceptions for operation and uses of unmanned aerial systems (UAS) / unmanned aerial vehicles (UAVs or “drones”).
- Preempt local ordinances to create uniform statewide rules tied to FAA authority and Commonwealth law.
- Preserve certain privacy protections and limit retention of law‑enforcement UAS data.

Key provisions and changes
1. Definitions
- Defines “operate,” “UAS,” and “UAV/drone,” including autonomous or remotely piloted vehicles that carry no human operator.

  1. Local preemption

    • Prohibits municipalities from enacting or enforcing UAS/UAV operation ordinances except as authorized by FAA regulations or state law.

  2. Compliance with FAA rules

    • Operating in violation of any FAA rule/regulation is prohibited; penalty up to $100.
    • Law enforcement may request an operator’s name and address for observed FAA violations; refusal or giving a false name/address is punishable by $20–$50 and may be arrestable without warrant solely for that refusal.

  3. Prohibitions and criminal penalties

    • Weaponized UAS/UAVs: unlawful to equip or operate a UAS armed with a weapon intended to cause serious bodily injury or death. Penalty: up to $2,000 fine and/or up to 1 year in a house of correction. (EOD personnel exempt for explosive disposal.)
    • Interfering with manned aircraft or airport operations: penalty up to $1,500 and/or up to 1 year in a house of correction. If such interference damages a manned aircraft or causes a crash: penalty up to $10,000 and/or up to 2.5 years in a house of correction.
    • Interfering with first responders or police during an active emergency: penalty up to $1,000 and/or up to 6 months in a house of correction.

  4. Privacy and surveillance limits

    • Prohibits UAS surveillance/observation of an individual on private property (including curtilage) without the owner/occupant’s consent. Such improper use is treated as a violation of G.L. c.214, §1B (invasion of privacy).
    • Exemption: legitimate commercial uses are not per se violations.

  5. Law‑enforcement exceptions to surveillance prohibition

    • Use permitted if: (i) a search warrant authorizes UAS use; (ii) DHS or the state Secretary of Public Safety finds credible terrorism risk; (iii) reasonable suspicion that UAS use is necessary to prevent imminent danger, pursue a suspect, or search for a missing person; or (iv) to document a crime or crash scene for investigation/evidence.

  6. Data retention and destruction

    • Law enforcement must permanently erase/destroy UAS‑captured images, video, or data within 120 days of capture.
    • Retention beyond 120 days allowed only if the footage contains evidence of a crime or is relevant to an ongoing investigation or judicial proceeding.

  7. Severability

    • If any provision is held invalid, the remainder remains effective.

Who is affected
- Drone operators (hobbyist, commercial, and public safety) — new statewide limits, criminal penalties, and data‑retention rules.
- Municipal governments — limited authority to regulate local UAS operations (preempted).
- Law enforcement and public safety agencies — constrained by warrant/exception rules and 120‑day data‑destruction requirement; have limited exceptions for emergencies/terrorism.
- Airports, manned aircraft pilots, and first responders — receive added statutory protections against interference.
- Privacy advocates and property owners — strengthened protections against aerial surveillance of private property.

Concurrent resolution component
- The bill package includes a concurrent resolution authorizing the General Court to introduce, receive, and consider H.4465 (“Privacy in Public Spaces Act”) after May 8, 2025 and prior to sine die, including receiving and disposing of conference reports and any vetoes.

Current posture
- Reported favorably by Transportation Committee and referred to House Ways & Means (Oct. 2, 2025). Roll call (5/8/25) approving procedural placement: Yeas 91, Nays 20. Further legislative action (Ways & Means, floor votes, or enactment) pending.

Compiled from official sources — confirm details with the bill’s official record.

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