A bill dealing with security around Alabama’s legislative complex was revised and expanded Tuesday after the House adopted a substitute that broadened the proposal beyond its original scope.
Senate Bill 231, sponsored by Senator Sam Givhan, R-Huntsville, addresses security responsibilities at the Alabama State House, the new State House building and surrounding facilities used by the legislature. The bill previously passed the Senate.
As originally introduced, the bill focused largely on clarifying which agencies and personnel are responsible for security in areas used by lawmakers
The measure amends Section 29-4-4 of the Alabama Code to specify that security personnel employed by the House and Senate are responsible for protecting areas used by the Legislature within the Alabama State House, including upper floors and legislative offices, as well as the new Alabama State House building.
The original version also states that legislative security officers have the powers of peace officers within designated legislative areas and during legislative functions, including certain off-site events. The measure maintains roles for the Alabama State Law Enforcement Agency in coordinating perimeter and entry point security for the State House complex.
A substitute offered by the House State Government Committee adds new provisions addressing the use of drones around the Capitol complex.
“The substitute expands it from Capitol Complex to Capitol Area, so it’ll include the parking deck and the area immediately around the Capitol and the building in which we’re in, so we can have better security,” Givhan said.
Under the revised version, it would be unlawful to operate an unmanned aircraft system within the Capitol complex unless the operator is “an employee, agent, contractor, or other person acting under the direction or on behalf of the United States or the State of Alabama,” or individuals conducting emergency law enforcement or fire response operations. Additionally, individuals who fall outside of this scope could receive written permission from the secretary of the Alabama Law Enforcement Agency.
Most of the original language assigning responsibility for legislative security at the Statehouse, the new Statehouse building, the legislative parking deck and areas used for legislative events remains in place in the substitute. However, the addition of drone-related provisions introduces a new criminal offense tied to security concerns at the Capitol complex.
The legislation establishes a restricted airspace around the Capitol complex extending approximately 500 horizontal feet from the perimeter and up to 400 feet in altitude. Knowingly operating a drone within that restricted zone without authorization could trigger criminal penalties under the bill’s provisions.
The secretary of ALEA is permitted to adopt additional rules to enforce the proposed law, but under the bill, a person who intentionally uses an unmanned aircraft system to “conduct surveillance of, or photograph or otherwise record images of, the Capitol complex for the purpose of committing a criminal offense,” or who “intentionally or knowingly uses a UAS in the vicinity of the Capitol complex in a manner that interferes with the operations of the Capitol complex or causes a disturbance,” could be charged with a Class C felony.
The changes move the bill from a measure focused primarily on defining legislative security responsibilities to one that also creates new restrictions related to unmanned aircraft near government facilities.
“ALEA brought to our attention that somebody was flying a drone over the buildings and posted it on Facebook. This amendment makes it illegal to fly a drone over our properties unless the legislative council authorizes the use of a drone. You can’t just show up and start flying around our building,” Givhan said.
The House passed the revised version of SB231, with 104 affirmative votes and one abstention. The Senate would need to agree to the changes before the legislation could be sent to the governor.
