BILL ANALYSIS Ó SB 271 Page 1 SENATE THIRD READING SB 271 (Gaines) As Amended September 1, 2015 Majority vote SENATE VOTE: 37-0 -------------------------------------------------------------------- |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, | | SB 271 Page 2 | | |Quirk, Rendon, Wagner, | | | | |Weber, Wood | | | | | | | | | | | | -------------------------------------------------------------------- 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 SB 271 Page 3 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. SB 271 Page 4 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 SB 271 Page 5