Bill Text: NY A08176 | 2023-2024 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Prohibits the operation of unmanned aircraft, including drones, over school grounds or critical infrastructure; provides penalties for violations.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Introduced) 2024-03-07 - print number 8176b [A08176 Detail]

Download: New_York-2023-A08176-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         8176--A

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    October 27, 2023
                                       ___________

        Introduced  by  M. of A. FAHY, SEAWRIGHT, DICKENS, BURDICK, GLICK, AUBRY
          -- read once and referred to  the  Committee  on  Codes  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee

        AN  ACT to amend the penal law, in relation to prohibiting the operation
          of unmanned aircraft over school grounds or critical infrastructure

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1. The penal law is amended by adding a new section 270.45 to
     2  read as follows:
     3  § 270.45 Unlawfully operating an unmanned aircraft over  school  grounds
     4             or critical infrastructure.
     5    1. As used in this section:
     6    (a)  "Unmanned aircraft" means an aircraft operated without the possi-
     7  bility of direct human intervention from within or on the aircraft.
     8    (b) "School grounds" means in or on or within any building, structure,
     9  athletic playing field, playground or land  contained  within  the  real
    10  property  boundary  line  of  a public or private elementary, parochial,
    11  intermediate, junior high, vocational or high school.
    12    (c) "School administrator" shall have the same meaning as  defined  by
    13  subdivision  six  of section one thousand one hundred twenty-five of the
    14  education law.
    15    (d) "Critical infrastructure" means any of the following, if complete-
    16  ly enclosed by a fence or  other  physical  barrier  that  is  obviously
    17  designed to exclude intruders, or if clearly marked with a sign or signs
    18  which indicate that entry is forbidden and which are posted on the prop-
    19  erty  in  a manner reasonably likely to come to the attention of intrud-
    20  ers, and indicate that entry is forbidden:
    21    (i) an electrical power generation or delivery system;
    22    (ii) a petroleum or alumina refinery;
    23    (iii) a chemical or rubber manufacturing facility;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13457-04-3
        A. 8176--A                          2

     1    (iv) an oil or gas pipeline;
     2    (v) a petroleum or chemical storage facility; or
     3    (vi)  a  drinking  water  intake  structure,  drinking water treatment
     4  facility, wastewater treatment plant, pressure/flow regulating facility,
     5  water storage tank, standpipe, water supply reservoir, pump station,  or
     6  wellfield.
     7    2.  A  person  is  guilty of unlawfully operating an unmanned aircraft
     8  over school grounds or critical infrastructure when, they  intentionally
     9  or knowingly:
    10    (a)  operate  an  unmanned  aircraft  over  school grounds or critical
    11  infrastructure and such  unmanned  aircraft  is  not  higher  than  four
    12  hundred feet above ground level;
    13    (b)  allow an unmanned aircraft to make contact with school grounds or
    14  critical infrastructure, including any person or object on the premises;
    15    (c) allow an unmanned aircraft to come within  a  distance  of  school
    16  grounds  or  critical  infrastructure  that is close enough to interfere
    17  with the operations of or cause a disturbance  to  the  school  on  such
    18  school grounds or to such critical infrastructure.
    19    3.  Nothing in this section shall apply to conduct described in subdi-
    20  vision two of this section when such conduct is committed by:
    21    (a) the federal government, the state, or a governmental agency;
    22    (b) a person under contract with or otherwise acting under the  direc-
    23  tion or on behalf of the federal government, this state, or governmental
    24  entity;
    25    (c) a person who has the prior written consent of:
    26    (i)  in  the  case  of an unmanned aircraft being operated over school
    27  grounds, the school administrator of such school grounds or his  or  her
    28  designee; or
    29    (ii)  in the case of an unmanned aircraft being operated over critical
    30  infrastructure, the entity responsible for the operation of  such  crit-
    31  ical infrastructure;
    32    (d) a law enforcement agency; or
    33    (e)  a person under contract with or otherwise acting under the direc-
    34  tion or on behalf of a law enforcement agency.
    35    Unlawfully operating an unmanned aircraft over school grounds or crit-
    36  ical infrastructure is a class B misdemeanor for a first offense  and  a
    37  class A misdemeanor for any subsequent offense.
    38    § 2. This act shall take effect on the first of November next succeed-
    39  ing the date on which it shall have become a law.