SB 271, as amended, Gaines. Unmanned aircraft systems.
Existing 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.
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 also 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, inclusive, or to possess specified knives or blades on the grounds of those schools.
This bill would, unless authorized by federal law, make it an infraction to knowingly and intentionally operate an unmanned aircraft system on the grounds of, or less than 350 feet above ground level within the airspace overlaying, 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 would also, unless authorized by federal law, make it an infraction to knowingly and intentionally 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 periodicalbegin delete publication,end deletebegin insert publication engaged in gathering, receiving, or processing information for communication to the public,end insert 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. By creating new crimes, the bill would impose a state-mandated local program.
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 to knowingly and intentionally operate an unmanned
5aircraft system on the grounds of, or less than 350 feet above
6ground level within the airspace overlaying, 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
12to knowingly and intentionally 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, the following definitions
22apply:
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.
30(3) “Unmanned aircraft system” means an unmanned aircraft
31and associated elements, including, but not limited to,
32communication links and the components that control the
33unmanned aircraft that are required for the pilot in command to
34operate safely and efficiently in the national airspace system.
35(e) This section does not apply to a publisher, editor, reporter,
36or other person connected with or employed by a newspaper,
37magazine, or other periodicalbegin delete publication,end deletebegin insert
publication engaged in
38gathering, receiving, or processing information for communication
P4 1to the public,end insert or by a radio or television station, or by a press
2association or wire service, or any person whobegin delete has beenend deletebegin insert wasend insert so
3connected or employedbegin insert at the time that person operated the
4unmanned aircraft system,end insert unless a request that the person cease
5using an unmanned aircraft system at a public school building or
6public school grounds is made by the principal, or the designee of
7the principal, on the basis that the continued presence of the
8unmanned aircraft system used by the person would be disruptive
9of, or would interfere
with, classes or other activities of the public
10school program.
11(f) This section does not apply to the operation of an unmanned
12aircraft system by law enforcement.
No reimbursement is required by this act pursuant to
14Section 6 of Article XIII B of the California Constitution because
15the only costs that may be incurred by a local agency or school
16district will be incurred because this act creates a new crime or
17infraction, eliminates a crime or infraction, or changes the penalty
18for a crime or infraction, within the meaning of Section 17556 of
19the Government Code, or changes the definition of a crime within
20the meaning of Section 6 of Article XIII B of the California
21Constitution.
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