BILL ANALYSIS Ó
SB 271
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SENATE THIRD READING
SB
271 (Gaines)
As Amended September 1, 2015
Majority vote
SENATE VOTE: 37-0
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|Committee |Votes|Ayes |Noes |
| | | | |
| | | | |
| | | | |
|----------------+-----+-----------------------+---------------------|
|Privacy |11-0 |Gatto, Wilk, Baker, | |
| | |Calderon, Chang, Chau, | |
| | |Cooper, Dababneh, | |
| | |Dahle, Gordon, Low | |
| | | | |
|----------------+-----+-----------------------+---------------------|
|Education |7-0 |O'Donnell, Chávez, | |
| | |Kim, McCarty, | |
| | |Santiago, Thurmond, | |
| | |Weber | |
| | | | |
|----------------+-----+-----------------------+---------------------|
|Appropriations |17-0 |Gomez, Bigelow, Bloom, | |
| | |Bonta, Calderon, | |
| | |Chang, Daly, Eggman, | |
| | |Gallagher, Eduardo | |
| | |Garcia, Holden, Jones, | |
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| | |Quirk, Rendon, Wagner, | |
| | |Weber, Wood | |
| | | | |
| | | | |
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SUMMARY: Makes it a criminal infraction to knowingly and
intentionally operate an unmanned aircraft system (UAS) at or
less than 350 feet above a public school campus or to use a UAS
to capture images of a public school campus during school hours
without the written permission of the school principal.
Specifically, this bill:
1)Prohibits the knowing and intentional operation of a UAS at or
less than 350 feet above the grounds of a public school (K-12
school).
2)Prohibits the unauthorized use of a UAS to capture images of
K-12 school grounds during school hours.
3)Provides exceptions to these prohibitions for:
a) The news media, i.e., newspaper, television, radio, news
wire services, periodicals, and their Internet Web sites,
including individuals connected to or employed by the news
media;
b) Law enforcement agencies;
c) UAS users who have written permission from the school
principal, the principal's designee, or a higher authority;
and
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d) Entities authorized by the Federal Aviation
Administration (FAA) to use UAS, if the UAS is operated in
accordance with the terms and conditions of the
authorization.
4)Requires the news media to stop using a UAS over a K-12
school's grounds upon the request of a school principal on the
basis that the UAS would disrupt class or other school
activities.
5)Authorizes the imposition of a warning for the first
violation, and a fine of $200 for each subsequent violation.
6)Defines "school hours" to include any school session,
extracurricular activities, events sponsored by the school,
and one hour before and after any session, activity, or event.
7)Defines "unmanned aircraft" and "unmanned aircraft system"
consistent with FAA regulation.
FISCAL EFFECT: According to the Assembly Appropriations
Committee, minor nonreimbursable costs to cities and counties
for enforcement, offset to some extent by fine revenues.
COMMENTS: This bill seeks to protect the privacy of public
school students and to shield them from potential injury,
harassment, stalking, kidnapping or other harms that could stem
from the use of UAS to capture students' images or movements on
public school campuses. This bill is author-sponsored.
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On February 15, 2015, the FAA released a proposed framework of
regulations to allow the use of "small" UAS (under 55 pounds) in
national airspace, i.e., above 400 feet. The FAA has stated it
may create a less strict regulatory framework for "micro" UAS
(under 4.4 pounds). Once the FAA has finished promulgating
regulations governing the use of UAS, a future court may find
that those regulations preempt certain state laws - such as this
one, if passed - but this remains uncertain.
Despite the myriad practical applications for UAS, the need for
controls on the use of certain UAS uses is undisputed in light
of the profound negative impacts UAS can have on personal
privacy and safety. UAS equipped with cameras, microphones,
Internet or wireless connections, and remote controls have
enormous potential to invade personal space if used, for
example, to hover at low heights over fenced backyards, outside
the windows of homes, over schools, and in other public and
private spaces. Among other things, UAS can be used to capture
close up images of faces, body parts, or personal property, and
could be used to listen to private conversations. They can also
crash as a result of low battery power or operator error,
putting individuals at personal risk as well.
Recent amendments clarify that this bill does not apply to UAS
operators who have FAA authorization, as long as the UAS is
operated in accordance with the FAA authorization.
Analysis Prepared by:
Jennie Bretschneider / P. & C.P. / (916)
319-2200 FN: 0001855
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