BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 170| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- THIRD READING Bill No: SB 170 Author: Gaines (R) et al. Amended: 6/2/15 Vote: 21 SENATE PUBLIC SAFETY COMMITTEE: 6-0, 4/14/15 AYES: Hancock, Anderson, Leno, McGuire, Monning, Stone NO VOTE RECORDED: Liu SENATE APPROPRIATIONS COMMITTEE: 7-0, 5/28/15 AYES: Lara, Bates, Beall, Hill, Leyva, Mendoza, Nielsen SUBJECT: Unmanned aircraft systems: correctional facilities SOURCE: Author DIGEST: This bill is to make the intentional operation of an unmanned aircraft system in airspace over laying a prison or jail a misdemeanor. ANALYSIS: Existing federal law, the Aviation Administration Modernization and Reform Act of 2012, requires the Secretary of Transportation to develop a comprehensive plan to safely accelerate the integration of civil unmanned aircraft systems into the national airspace system. The plan is required to provide for safe integration of civil unmanned aircraft systems into national airspace as soon as practicable, not later than September 30, 2015. (112 P.L. 95, 332.) This bill makes it a misdemeanor to intentionally operate an SB 170 Page 2 unmanned aircraft system below the navigable airspace overlying a state prison or jail without prior permission. Background This bill uses the term "unmanned aircraft systems," as defined, to reference what are commonly known as drones. That term, also used by the Federal Aviation Administration (FAA), would be defined to include the unmanned aircraft itself (the drone) and the associated elements (which include the components that control the aircraft). Regarding the types of aircraft that may be considered unmanned aircraft systems, the FAA's fact sheet notes: Unmanned Aircraft Systems (UAS) come in a variety of shapes and sizes and serve diverse purposes. They may have a wingspan as large as a Boeing 737 or smaller than a radio-controlled model airplane. Regardless of size, the responsibility to fly safely applies equally to manned and unmanned aircraft operations. Because they are inherently different from manned aircraft, introducing UAS into the nation's airspace is challenging for both the FAA and aviation community. UAS must be integrated into a National Airspace System (NAS) that is evolving from ground-based navigation aids to a GPS-based system in NextGen. Safe integration of UAS involves gaining a better understanding of operational issues, such as training requirements, operational specifications and technology considerations. Although not always thought of when the word "drone" is used, hobby-size airplanes and helicopters that are equipped with digital cameras are becoming more and more affordable for the average consumer. Those hobby aircraft may be used for pure novelty, surveying one's yard, or even checking to see the condition of a roof. With respect to the treatment of model aircraft as an unmanned aircraft system, the FAA has issued the following clarification: The current FAA policy for UAS operations is that no person may operate a UAS in the National Airspace SB 170 Page 3 System without specific authority. For UAS operating as public aircraft the authority is the [Certificate of Waiver or Authorization], for UAS operating as civil aircraft the authority is special airworthiness certificates, and for model aircraft the authority is AC 91-57 [(the model aircraft operating standards)]. The FAA recognizes that people and companies other than modelers might be flying UAS with the mistaken understanding that they are legally operating under the authority of AC 91-57. AC 91-57 only applies to modelers, and thus specifically excludes its use by persons or companies for business purposes. This bill makes it a misdemeanor to fly an unmanned aircraft system (drone) over a prison or jail without permission. The penalty would be up to six month in jail or by a fine not exceeding $1,000. FISCAL EFFECT: Appropriation: No Fiscal Com.:YesLocal: Yes According the Senate Appropriations Committee: Non-reimbursable local costs for enforcement and incarceration offset to a degree by fine revenue for the new misdemeanor. SUPPORT: (6/1/15) California Correctional Peace Officers Association California Police Chiefs Association California State Sheriffs' Association OPPOSITION: (6/1/15) California Attorneys for Criminal Justice ARGUMENTS IN SUPPORT: The California Police Chiefs Association supports this bill stating: As unmanned aircraft become more publically accessible, SB 170 Page 4 virtually anyone will be able to use the devise to drop contraband into a prison or county jail. Additionally, unmanned aircraft systems can be used to gather sensitive information from inside of prisons and jails. This information can be used for a variety of dangerous exploits including inmate escapes and prison riots. Placing restrictions on the use of unmanned aircraft over prisons and jails helps prevent these situations . ARGUMENTS IN OPPOSITION: California Attorneys for Criminal Justice oppose this bill stating: The Proposed section 4578 would prohibit the use of unmanned aircraft below navigable airspace overlaying a state prison or jail, even when not committing the contraband crimes set forth in the rest of the chapter. The proposed legislation would impermissibly shield the prison from the public eye. Given the California prison system's recent history of deplorable conditions, this law would promote an air of secrecy in and around the prison's walls. Prepared by:Mary Kennedy / PUB. S. / 6/2/15 14:03:39 **** END ****