BILL ANALYSIS Ó
SB 271
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Date of Hearing: August 19, 2015
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Jimmy Gomez, Chair
SB 271
(Gaines) - As Amended July 16, 2015
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|Policy |Privacy and Consumer |Vote:|11 - 0 |
|Committee: |Protection | | |
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| |Education | |7 - 0 |
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Urgency: No State Mandated Local Program: YesReimbursable:
No
SUMMARY:
This bill:
SB 271
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1)Makes it an infraction to knowingly and intentionally operate
an unmanned aircraft system (UAS, or drone) less than 350 feet
above the grounds of a public K-12 school, or to capture
images of the school, during school hours without written
permission from a school official. A first violation is
subject to a warning and subsequent violations are subject to
a fine of up to $200.
2)Stipulates that the above does not apply to:
a) A publisher, editor, reporter, or other person connected
with or employed by a newspaper, magazine, or other
periodical publication when gathering information to
provide to the public, or by a radio or television station,
or by a press association or wire service, unless requested
by a school official to cease using the UAS.
b) Law enforcement agencies.
FISCAL EFFECT:
Minor nonreimbursable costs to cities and counties for
enforcement, offset to some extent by fine revenues.
COMMENTS:
1)Purpose. This bill seeks to protect the privacy of public
school students and to protect students from potential injury,
harassment, stalking, kidnapping or other harm that could stem
from the use of UAS to capture students' images or movements
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on public school campuses. 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 curve
by providing safeguards 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."
2)Related Legislation. AB 56 (Quirk), pending in Senate
Appropriations, regulates the use of unmanned aircraft systems
by public agencies.
AB 170 (Gaines), also on today's committee agenda, makes it a
misdemeanor to knowingly and intentionally operate an unmanned
aircraft system (drone) on or above the grounds of a state
prison or jail.
SB 142 (Jackson), pending in the Assembly, makes it a trespass
to operate an unmanned aircraft system less than 350 feet
above ground over private property without the consent of the
owner.
Analysis Prepared by:Chuck Nicol / APPR. / (916)
319-2081
SB 271
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