All Roll Calls
Yes: 130 • No: 0
ArkansasHB11482025 Regular SessionHouseWALLET
TO CREATE THE ARKANSAS PRIVACY ACT; AND TO ADDRESS CERTAIN IMAGES CAPTURED BY UNMANNED AIRCRAFT SYSTEMS.
Sponsored By: Blake Johnson (Republican), DeAnn Vaught (Republican)
Enacted
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Bill Overview
Analyzed Economic Effects
4 provisions identified: 1 benefits, 0 costs, 3 mixed.
Owners and renters can seek privacy damages
Owners and tenants can sue over unlawful drone images captured on their private property where they reasonably expected privacy. They can ask a court to stop violations. Damages are $5,000 for all images captured in one episode, or $10,000 for sharing or otherwise using images from one episode. Actual damages are available for sharing, displaying, or distributing images with a specific intent to substantially harm an owner or tenant. For damages, all owners of one parcel count as one owner, and all tenants count as one tenant. Lawsuits must start within two years of capture or the first unlawful sharing or use. The winning party receives court costs and reasonable attorney’s fees, so a losing plaintiff can owe those costs.
Drone privacy protections bring new criminal penalties
Using a drone to capture images of a person or private property for surveillance is a Class C misdemeanor. Possessing an image captured unlawfully under that rule is also a Class C misdemeanor. Possessing and sharing, displaying, distributing, or otherwise using it is a Class B misdemeanor; each image counts as a separate offense. Images include sound, heat, infrared and other electromagnetic data, odors, and other recorded conditions—not just photos. Defenses include prompt destruction without sharing after learning the capture was unlawful, or stopping unlawful sharing or use, as applicable. Lawful capture under the act, official law-enforcement duties, and valid warrants also provide exceptions or defenses.
Drone users retain listed lawful uses
The law allows 25 categories of image capture, including owner consent, valid warrants, and specified public-property uses. Listed police and emergency uses cover pursuits, crime scenes, serious injuries, crashes, searches, disaster assessments, hazardous materials, fires, and rescues. Utilities, pipelines, ports, and communications operators can capture images for listed inspection, maintenance, planning, monitoring, and safety work. Transportation agencies and local public works departments can map and inspect infrastructure. Listed mapping and surveying uses cover licensed engineers, surveyors, consenting property owners working with assessors, state surveyors, and federally designated test sites. Licensed real estate brokers can use images for marketing, sales, or financing when no person is identifiable. Insurers can use images for underwriting, rates, and claims; owners can hire others to image their property while doing work. Higher education institutions and the Game and Fish Commission have listed research, education, farming, sports, wildlife, habitat, and investigation uses. Military operations and satellite imagery are also allowed; specified federal, federally authorized commercial, emergency, and Governor-linked state operations are outside the drone definition. A separate public-place exception allows capture from no more than eight feet above ground without amplification beyond normal human perception. These permissions depend on the listed purpose, professional or agency role, consent, warrant, or privacy limits—not blanket permission. The image rules do not regulate making, assembling, distributing, or selling drones.
Infrastructure protections bring penalties for drone users
Knowingly surveilling, gathering information about, or recording critical infrastructure by drone requires the owner’s prior written consent unless an exception applies. A first offense is a Class B misdemeanor; a second or later offense is a Class A misdemeanor. Covered sites include power systems, refineries, petroleum storage, chemical, rubber and manufacturing facilities, rail facilities, communications towers, and broadband lines. Natural gas lines, facilities, and storage are also covered. Exceptions preserve specified government, emergency, federally authorized commercial, property-owner, insurance, official law-enforcement, and public-works uses.
Sponsors & Cosponsors
Sponsors
Blake Johnson
Republican • Senate
DeAnn Vaught
Republican • House
Cosponsors
Jon Milligan
Republican • House
Roll Call Votes
Senate vote • 4/8/2025
Senate Vote - Tuesday, April 8, 2025 8:30:04 PM
Yes: 33 • No: 0
House vote • 4/2/2025
House Vote - Wednesday, April 2, 2025 2:40:27 PM
Yes: 97 • No: 0
Actions Timeline
Notification that HB1148 is now Act 597
4/14/2025HouseCorrectly enrolled and ordered transmitted to the Governor's Office.
4/9/2025HouseTO BE ENROLLED
4/9/2025HouseReturned from the Senate as passed.
4/9/2025HouseReturned to the House as passed.
4/8/2025SenateRead the third time and passed.
4/8/2025SenateReturned by the Committee, with the recommendation that it Do Pass
4/7/2025SenateRead first time, rules suspended, read second time, referred to JUDICIARY COMMITTEE - SENATE
4/2/2025SenateReceived from the House.
4/2/2025SenateRead the third time and passed and ordered transmitted to the Senate.
4/2/2025HouseReturned by the Committee Do Pass
4/1/2025HouseREPORTED CORRECTLY ENGROSSED
3/11/2025HouseAmendment No. 5 read and adopted and the bill ordered engrossed.
3/11/2025HousePlaced on second reading for the purpose of amendment.
3/11/2025HouseREPORTED CORRECTLY ENGROSSED
3/4/2025HouseAmendment No. 4 read and adopted and the bill ordered engrossed.
3/4/2025HousePlaced on second reading for the purpose of amendment.
3/4/2025HouseREPORTED CORRECTLY ENGROSSED
2/17/2025HouseAmendment No. 3 read and adopted and the bill ordered engrossed.
2/17/2025HousePlaced on second reading for the purpose of amendment.
2/17/2025HouseREPORTED CORRECTLY ENGROSSED
2/10/2025HouseAmendment No. 2 read and adopted and the bill ordered engrossed.
2/10/2025HousePlaced on second reading for the purpose of amendment.
2/10/2025HouseREPORTED CORRECTLY ENGROSSED
2/5/2025HouseAmendment No. 1 read and adopted and the bill ordered engrossed.
2/5/2025House
Bill Text
HB1148 - Introduced
1/15/2025
Act Version
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