BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 170|
|Office of Senate Floor Analyses | |
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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
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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
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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,
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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
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