A03597 Summary:

BILL NOA03597B
 
SAME ASSAME AS S06306
 
SPONSORZebrowski
 
COSPNSRGottfried, Jaffee, Titone, Markey, Simotas, Steck, Stirpe, Dinowitz, Mosley, Montesano, McDonough, Gunther, Crouch, Colton, Peoples-Stokes, Galef, Linares
 
MLTSPNSRAbbate, Braunstein, Cook, DenDekker, Duprey, Glick, Hikind, Lopez, McLaughlin, Robinson, Saladino, Simon
 
Amd S240.00, add S240.80, Pen L
 
Criminalizes the unlawful use of an unmanned aircraft.
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A03597 Actions:

BILL NOA03597B
 
01/27/2015referred to codes
05/27/2015amend (t) and recommit to codes
05/27/2015print number 3597a
08/24/2015amend and recommit to codes
08/24/2015print number 3597b
01/06/2016referred to codes
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A03597 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A3597B
 
SPONSOR: Zebrowski (MS)
  TITLE OF BILL: An act to amend the penal law, in relation to unlawful use of a drone   PURPOSE OF THE BILL: This bill creates the crime of unlawful use of a drone.   SUMMARY OF PROVISIONS: Section one of the bill amends section 240.00 of the penal as it relates to the definitions of drone, restricted airspace and personal use. Section two of the bill amends the penal law by adding a new section 240.80 as it relates to creating the crime of unlawful use of a drone. During personal use, an individual is guilty of unlawful use of an unmanned aircraft when operating an aircraft more than 400 feet above ground level or weighing more than 10 pounds. In addition, an individual is guilty of unlawful use if an unmanned aircraft is used without a visual line of sight, within a restricted airspace, in a reckless manner, in a manner intended to harass or annoy, or below one hundred feet above ground level on private property without the owner's consent. Unlawful use of an unmanned aircraft is a violation. Section three of the bill relates to the effective date.   JUSTIFICATION: This bill would provide reasonable regulations for the personal use of drones. Currently, the FAA has banned commercial use of drones as it develops guidelines which are expected to be released at the end of 2015. Although commercial operations are regulated, the FAA does not govern recreational drone use therefore leaving it wholly unregulated and susceptible to reckless use by civilians. There have been many instances over the past several months of drones flown irresponsibly in close proximity to airports and bridges. This bill would ensure safe and proper use of drones by establishing reasonable restrictions that protect the public.   PRIOR LEGISLATIVE HISTORY: New Bill.   FISCAL IMPLICATIONS FOR STATE: None.   EFFECTIVE DATE: This act shall take effect on the first of November next succeeding the date upon which it shall have become law.
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A03597 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         3597--B
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 27, 2015
                                       ___________
 
        Introduced  by  M.  of  A. ZEBROWSKI, GOTTFRIED, JAFFEE, TITONE, MARKEY,
          SIMOTAS,  STECK,  STIRPE,  DINOWITZ,  MOSLEY,  MONTESANO,   McDONOUGH,
          GUNTHER, CROUCH, COLTON, PEOPLES-STOKES, GALEF, LINARES -- Multi-Spon-
          sored  by  --  M.  of  A. ABBATE, BRAUNSTEIN, COOK, DenDEKKER, DUPREY,
          GLICK, HIKIND, LOPEZ, McLAUGHLIN, ROBINSON, SALADINO,  SIMON  --  read
          once  and  referred to the Committee on Codes -- committee discharged,
          bill amended, ordered reprinted as amended  and  recommitted  to  said
          committee  --  again  reported  from  said  committee with amendments,
          ordered reprinted as amended and recommitted to said committee
 
        AN ACT to amend the penal law, in relation to unlawful use of a drone
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1. Section 240.00 of the penal law is amended by adding three
     2  new subdivisions 7, 8 and 9 to read as follows:
     3    7. "Drone" means an unmanned aircraft which is operated remotely with-
     4  out the possibility of direct human intervention from within or  on  the
     5  aircraft.
     6    8.  "Restricted  airspace"  means  any airspace over the property of a
     7  correctional facility as defined in section forty of the correction  law
     8  or airspace within five miles of an airport.
     9    9.  "Personal  use"  means  the  operation  of  a drone solely for the
    10  purpose of pleasure or recreation.
    11    § 2. The penal law is amended by adding a new section 240.80  to  read
    12  as follows:
    13  § 240.80 Unlawful use of a drone.
    14    A person is guilty of unlawful use of a drone when during the personal
    15  use  of  such  drone, except as otherwise provided by federal law, he or
    16  she knowingly operates a drone:
    17    1. more than four hundred feet above ground level; or
    18    2. weighing more than ten pounds; or
    19    3. without a visual line of sight of such aircraft; or
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02681-05-5

        A. 3597--B                          2
 
     1    4. within a restricted airspace; or
     2    5.  in a reckless manner wherein such operation creates a risk of harm
     3  to the public; or
     4    6. with the intent to harass or annoy an individual or individuals; or
     5    7. below one hundred feet above ground level on private property with-
     6  out the owner's consent.
     7    Unlawful use of a drone is a violation.
     8    § 3. This act shall take effect on the first of November next succeed-
     9  ing the date upon which it shall have become a law.
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