OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
H.B. 77 Bill Analysis
135th General Assembly
Click here for H.B. 77’s Fiscal Note
Version: As Passed by the House
Primary Sponsor: Rep. Willis
Effective Date:
Margaret E. Marcy, Attorney
SUMMARY
Use of an unmanned aerial vehicle (UAV)
Private use prohibitions
 Prohibits a person from operating a UAV as follows:
 In a careless or reckless manner that endangers any person or property, or with
willful or wanton disregard to others’ rights or safety;
 If federal law or regulations prohibit its operation, unless the Federal Aviation
Administration (FAA) has authorized the person to use the UAV;
 In a manner that disrupts, interrupts, or impairs the operations or activities of law
enforcement, fire departments, or emergency medical services; and
 To photograph, record, or loiter over or near a critical facility in furtherance of
another criminal offense.
Local government use and regulation
 Subject to other federal and state laws regarding UAVs, authorizes a municipal
corporation, township, park district, or county to adopt ordinances, resolutions, or
regulations regarding both:
 The use and operation of UAVs owned and operated by the local government; and
 The use and operation of UAVs operated exclusively for hobby or recreational
purposes in and above a park or other public property owned by the local
government.
Office of Aviation responsibilities
 Requires the Office of Aviation to provide information and resources on the Office’s
website regarding the use of UAVs and regarding what constitutes a critical facility.
April 25, 2024
Office of Research and Drafting LSC Legislative Budget Office
DETAILED ANALYSIS
Use of an unmanned aerial vehicle (UAV)
An unmanned aerial vehicle, or UAV (commonly known as a drone), is a powered, aerial
vehicle to which all of the following apply:
 It does not carry a human operator and is operated without the possibility of direct
human intervention either within or on the vehicle;
 It uses aerodynamic forces to provide lift;
 It can fly autonomously or be piloted remotely; and
 It is either expendable or recoverable.1
The use of UAVs and UAV systems, both for private and commercial use, has increased
exponentially in recent years.2 While federal laws, enforced by the Federal Aviation
Administration (FAA), regulate the operational safety and licensing requirements for UAVs,
state and local laws may regulate and control the locations to launch and land UAVs and other
issues, such as privacy concerns.3 The bill creates statewide regulations related to these issues
for Ohio.
Private use prohibitions
The bill creates several prohibitions related to private use of a UAV. The prohibitions
and related information regarding exceptions and penalties are in the following table.
Private use of UAV prohibitions
Prohibition Exception Penalty
Operating a UAV in a careless or None. $500 fine; and/or
reckless manner that endangers
Up to six months imprisonment.5
any person or property or with
willful or wanton disregard for
other’s rights or safety.4
1 R.C. 4561.50(B).
2 A UAV system includes the communication links and components that control the UAV and that are
required for the remote pilot in command to operate the vehicle. R.C. 4561.50(C).
3 49 United States Code 40103.
4 R.C. 4561.15(A)(2).
5 R.C. 4561.15(C).
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As Passed by the House
Office of Research and Drafting LSC Legislative Budget Office
Private use of UAV prohibitions
Prohibition Exception Penalty
Operating a UAV if federal law or This prohibition does not apply if In addition to any federal
federal regulations (including the FAA expressly authorizes a penalties, a 1st degree
FAA regulations) prohibit that person to operate the UAV in a misdemeanor.8
operation.6 manner that is otherwise
contrary to the general law or
regulations. However, the person
must abide by the FAA’s terms of
the authorization.7
Operating a UAV in a manner None. 1st degree misdemeanor.10
that disrupts, interrupts, or
impairs the operations or
activities conducted by law
enforcement personnel, fire
department personnel, or
emergency medical services
personnel.9
Operating a UAV or UAV system None.12 4th degree felony for a first
to photograph, record, or loiter offense;
over or near a critical facility in 3rd degree felony for a second or
furtherance of another criminal
subsequent offense.13
offense.11
 For purposes of the bill, a “critical facility” means a critical infrastructure facility (e.g., major utilities, railroads, radio/tv
transmission facilities, etc.), a commercial distribution center, a courthouse, a police station, a sheriff’s office, an Ohio State
Highway Patrol station, premises controlled by the Bureau of Criminal Identification and Investigation, a jail or prison, a military
installation or facility, or a hospital that receives air ambulance services.14
6 R.C. 4561.51(A)(1).
7 R.C. 4561.51(A)(2).
8 R.C. 4561.51(D)(1).
9 R.C. 4561.51(B).
10 R.C. 4561.51(D)(1).
11 R.C. 4561.51(C).
12 It is worth noting that a person who photographs, records, or loiters near a critical infrastructure
facility for a noncriminal purpose will not be in violation of this prohibition.
13 R.C. 4561.51(D)(2).
14 R.C. 4561.50(A); R.C. 2911.21, not in the bill.
P a g e |3 H.B. 77
As Passed by the House
Office of Research and Drafting LSC Legislative Budget Office
Local government use and regulation
The bill authorizes local governments (a municipal corporation, township, park district,
or county), subject to federal and state laws and regulations, to adopt ordinances, resolutions,
or regulations regarding both of the following:
 The use and operation of a UAV owned and operated by the local government; and
 The private use and operation of a UAV when a person operates the UAV exclusively for
hobby or recreational purposes in or above a park or other public property owned by
the local government.15
Office of Aviation responsibilities
The bill requires the Office of Aviation, within the Department of Transportation, to
provide information and resources on the Office’s website regarding the laws, regulations, and
proper use of UAVs and UAV systems. The information must pertain to all uses of a UAV,
including public, commercial, and recreational use. Additionally, the Office must provide picture
examples of critical facilities to help guide users as to what cannot be photographed, recorded,
or loitered on or near a critical facility (in furtherance of a criminal offense). Any picture
examples or written descriptions, however, cannot identify the owner, operator, or location of
the critical facility.16
HISTORY
Action Date
Introduced 02-27-23
Reported, H. Aviation & Aerospace 04-10-24
Passed House (89-2) 04-24-24
ANHB0077PH-135/ar
15 R.C. 4561.52.
16 R.C. 4561.53.
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As Passed by the House


Statutes affected:
As Introduced: 4561.15
As Reported By House Committee: 4561.15
As Passed By House: 4561.15