BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 271|
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THIRD READING
Bill No: SB 271
Author: Gaines (R)
Amended: 4/28/15
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: Senate Rule 28.8
SUBJECT: Unmanned aircraft systems
SOURCE: Author
DIGEST: This bill prohibits the unauthorized use of a drone on
a school grounds during school hours or to capture images of the
school grounds during school hours.
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)
Existing state law:
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1)Prohibits wiretapping or eavesdropping on confidential
communications. (Penal Code § 630)
2)Makes it a crime for a person, intentionally, and without
requisite consent, to eavesdrop on a confidential
communication by means of any electronic amplifying or
recording device. (Penal Code § 632.)
This bill:
1)Provides that unless authorized by federal law, it shall be an
infraction to operate an unmanned aircraft system on or above
the grounds of 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
authority.
2)Provides that unless authorized by federal law, it shall be an
infraction to 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.
3)Provides that upon a first conviction, a warning shall be
given.
4)Provides that second or subsequent violation shall be
punishable by a fine of not more than $200, plus penalty
assessments.
5)Provides that it shall not apply to the operation of an
unmanned aircraft system by law enforcement.
6)Defines unmanned aircraft system as an unmanned aircraft and
associated elements, including communication links and the
components that control the unmanned aircraft that are
required for a pilot in command to operate safely and
efficiently in the national airspace system.
7)Defines school hours as during any school session,
extracurricular activity, or even sponsored by or participated
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in by the school, and the one-hour periods immediately
preceding and following any session, activity or event.
8)States that it shall not apply to a publisher, editor,
reporter or other person connected with or employed by a news
organization unless a request that the person cease using an
unmanned aircraft system at a public school or public school
grounds is made by the principal or designee on the basis that
the continued presence of the unmanned aircraft system used by
the person would be disruptive of, or would interfere with,
classes or other activities of the public school program.
Comments
This bill prohibits the use of drones on school grounds and
capturing images of a school during school hours or school
activities without written permission of the school. The
penalty for a first offense is a warning. The penalty for a
second or subsequent offense is an infraction punishable by a
fine of not more than $200 plus approximately 300% penalty
assessments so the maximum fine would be approximately $800.
The prohibition in this bill applies when school is in session
or during any extracurricular activity or event sponsored by or
participated in by the school. Law enforcement and news
organizations are exempt from the prohibition. A news
organization may be asked to stop using a drone if the use would
be disruptive of, or would interfere with, classes or other
activities of the public school program, which is the existing
standard for requesting a news organization leave public school
grounds.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: Yes
SUPPORT: (Verified5/5/15)
None received
OPPOSITION: (Verified 5/5/15)
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California Public Defenders Association
ARGUMENTS IN SUPPORT: According to the author:
Currently, California has few laws governing drone use
and data capture. As drone usage becomes more common,
the potential for misuse and abuse of them will expand
as well.
This bill is intended to stay ahead of the
technological cure by providing safeguard for our
children while they are at school. By prohibiting
drone flights over public schools grades K-12 and
prohibiting data capture (video footage or
photographs, e.g.) of activity on school grounds, this
bill would provide an important layer of privacy to
our students at a place that should be a sanctuary.
In addition, it will help protect students from
potential harassment, stalking, kidnap or other
potential harm that could be facilitated through
drones capturing their location, activities and
movement patterns on campus
ARGUMENTS IN OPPOSITION:The California Public Defenders
Association is concerned that the definition of "unmanned
systems" is too broad. Specifically they state:
This broad definition seems to lead to the
criminalization of more than the author intends. This
would seem to criminalize the operation of a
remote-controlled airplane of the type used for
children for recreation, rather than only the
operation of more sophisticated drone aircraft as such
are commonly understood in the popular mind. This
legislation should include language defining "unmanned
aircraft system" in a manner that does not potentially
subject innocent recreation to criminal penalty.
Prepared by:Mary Kennedy / PUB. S. /
5/6/15 17:02:33
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