SB 271, as amended, Gaines. Unmanned aircraft systems.
Existingbegin delete lawend deletebegin insert federal law, the Federal Aviation Administration Modernization and Reform Act of 2012, provides for the integration of civil unmanned aircraft systems, commonly known as drones, into the national airspace system by September 30, 2015. Existing federal law requires the Administrator of the Federal Aviation Administration to develop and implement operational and certification requirements for the operation of public unmanned aircraft systems in the national airspace system by December 31, 2015.end insert
begin insert
Existing law provides that a person who comes into any school building or upon any school ground, or adjacent street, sidewalk, or public way, whose presence or acts interfere with or disrupt a school activity, without lawful business, or who remains after having been asked to leave, as specified, is guilty of a misdemeanor. Existing law alsoend insert makes it a crime to possess a firearm within 1,000 feet of a public or private school providing instruction in kindergarten or grades 1 to 12,begin delete inclusive. Existing law also makes it a crimeend deletebegin insert inclusive, orend insert to possess specified knives or blades on the grounds ofbegin delete a public or private school providing instruction in kindergarten or grades 1 to 12, inclusive.end deletebegin insert
those schools.end insert
This billbegin delete wouldend deletebegin insert would, unless authorized by federal law,end insert make it an infraction tobegin insert knowingly and intentionallyend insert operate an unmanned aircraft system onbegin delete or aboveend delete the groundsbegin delete ofend deletebegin insert of, or less than 350 feet above ground level within the airspace overlaying,end insert a public school providing instruction in kindergarten or grades 1 to 12, inclusive, during school hours
and without the written permission of the school principal or higher authority, or his or her designee, or equivalent school authority. The bill wouldbegin delete alsoend deletebegin insert also, unless authorized by federal law,end insert make it an infraction tobegin insert knowingly and intentionallyend insert use an unmanned aircraft system to capture images of public school grounds providing instruction in kindergarten or grades 1 to 12, inclusive, during school hours and without the written permission of the school principal or higher authority, or his or her designee, or equivalent school authority. The bill would define school hours for its purposes as during any school session, extracurricular activity, or event sponsored by or participated in by the school, and the
one-hour periods immediately preceding and following any session, activity, or event. The bill would provide for a warning for a first violation and a fine of no more than $200 for each subsequent violation. The bill would exempt from its provisions any publisher, editor, reporter, or other person connected with or employed by a newspaper, magazine, or other periodical publication, a radio or television station, or by a press association or wire service, unless the principal or the principal’s designee has requested that the person cease the operation of the unmanned aircraft system on the basis that the operation of the unmanned aircraft system would be disruptive of, or interfere with, classes of the public school program. The bill would also exempt law enforcement from its provisions.begin insert By creating new crimes, the bill would impose a state-mandated local program.end insert
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 626.12 is added to the Penal Code, to
2read:
(a) Unless authorized by federal law, it shall be an
4infraction tobegin insert knowingly and intentionallyend insert operate an unmanned
5aircraft system onbegin delete or aboveend delete the groundsbegin delete ofend deletebegin insert of, or less than 350 feet
6above ground level within the airspace overlaying,end insert a public school
7providing instruction in kindergarten or grades 1 to 12, inclusive,
8during school hours and without the written permission of the
9school principal or higher
authority, or his or her designee, or
10equivalent school authority.
11(b) Unless authorized by federal law, it shall be an infraction
12tobegin insert knowingly and intentionallyend insert use an unmanned aircraft system
13to capture images of public school grounds providing instruction
14in kindergarten or grades 1 to 12, inclusive, during school hours
15and without the written permission of the school principal or higher
16authority, or his or her designee, or equivalent school authority.
17(c) A violation of this section shall be punished as follows:
18(1) Upon a first conviction, a warning shall be given.
19(2) Upon a second and any subsequent conviction under this
20section, a fine of no more than two hundred dollars ($200).
21(d) For the purposes of this section,begin delete “unmannedend deletebegin insert the following
22definitions apply:end insert
23(1) “School hours” means during any school session,
24extracurricular activity, or event sponsored by or participated in
25by the school, and the one-hour periods immediately preceding
26and following any session, activity, or event.
27(2) “Unmanned
aircraft” means an aircraft that is operated
28without the possibility of direct human intervention from within
29or on the aircraft.
30begin insert(3)end insertbegin insert end insertbegin insert“Unmannedend insert aircraft system” means an unmanned aircraft
31and associated elements,begin delete includingend deletebegin insert including, but not limited to,end insert
32 communication links and the components that control the
33unmannedbegin delete aircraft,end deletebegin insert
aircraftend insert that are required for the pilot in
34command to operate safely and efficiently in the national airspace
35system.
36(e) For the purposes of this section, “school hours” means during
37any school session, extracurricular activity, or event sponsored by
38or participated in by the school, and the one-hour periods
P4 1immediately preceding and following any session, activity, or
2event.
3(f)
end delete
4begin insert(e)end insert This sectionbegin delete shallend deletebegin insert
doesend insert not apply to a publisher, editor,
5reporter, or other person connected with or employed by a
6newspaper, magazine, or other periodical publication, or by a radio
7or television station, or by a press association or wire service, or
8any person who has been so connected or employed unless a
9request that the person cease using an unmanned aircraft system
10at a public school building or public school grounds is made by
11the principal, or the designee of the principal, on the basis that the
12continued presence of the unmanned aircraft system used by the
13person would be disruptive of, or would interfere with, classes or
14other activities of the public school program.
15(g)
end delete
16begin insert(f)end insert This sectionbegin delete shallend deletebegin insert doesend insert not apply to the operation of an
17unmanned aircraft system by law enforcement.
No reimbursement is required by this act pursuant to
19Section 6 of Article XIII B of the California Constitution because
20the only costs that may be incurred by a local agency or school
21district will be incurred because this act creates a new crime or
22infraction, eliminates a crime or infraction, or changes the penalty
23for a crime or infraction, within the meaning of Section 17556 of
24the Government Code, or changes the definition of a crime within
25the meaning of Section 6 of Article XIII B of the California
26Constitution.
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