Bill Text: HI HB609 | 2015 | Regular Session | Introduced
Bill Title: Unmanned Aircraft Systems; Aeronautics
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2015-01-28 - Referred to TRN, JUD, FIN, referral sheet 2 [HB609 Detail]
Download: Hawaii-2015-HB609-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
609 |
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TWENTY-EIGHTH LEGISLATURE, 2015 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to unmanned aircraft Systems.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that the use of unmanned aircraft systems by private entities for surveillance and data collection has increased in recent years. The legislature further finds that this rapidly changing technology has positive uses in public safety; however, it remains important to uphold and protect the privacy rights of individuals and their freedom from unwarranted surveillance.
The purpose of this Act is to prescribe limits on the use of unmanned aircraft systems by private entities.
SECTION 2. Chapter 261, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§261- Unmanned aircraft systems surveillance; criminal penalties; civil remedies. (a) No person shall use, navigate, or pilot an unmanned aircraft system to:
(1) Conduct surveillance or observation of another person or a dwelling owned by another person without the person's written consent; or
(2) Photograph a person, without the person's written consent, for the purpose of publishing or otherwise publicly distributing the photograph.
(b) Nothing in this section shall be construed to prohibit the use, piloting, or navigation of an unmanned aircraft system for the purpose of taking photographs of public gatherings.
(c) Any person who violates this section shall be guilty of a misdemeanor and shall be fined not less than $1,000 for each violation.
(d) Any person who is the subject of surveillance or observation or who is photographed in violation of this section may bring a civil action against the person who conducted the surveillance or observation or who used, navigated, or piloted an unmanned aircraft system to photograph the person for the purposes of publishing or otherwise publicly distributing the photograph.
(e) In any civil action brought under subsection (d), if the court finds a violation of this section, the court may award:
(1) Any appropriate relief, including but not limited to equitable relief to prevent or remedy a violation; and
(2) Monetary damages, including actual and general damages, reasonable attorney's fees, and other litigation costs reasonably incurred, in an amount no less than $1,000; provided that the amount shall be no less than $10,000 if a photograph of a person collected through the use of an unmanned aircraft system was published or publicly distributed without that person's permission.
(f) As used in this section:
"Unmanned aircraft system" means a powered aerial vehicle that:
(1) Does not carry a human operator;
(2) Uses aerodynamic forces to provide vehicle lift;
(3) Can fly autonomously or be piloted remotely;
(4) Can be expendable or recoverable; and
(5) Can carry a lethal or nonlethal payload;
provided that the term shall not include model flying airplanes or rockets, including those that are radio controlled or otherwise remotely controlled and that are used purely for sport or recreational purposes."
SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 4. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Unmanned Aircraft Systems; Aeronautics
Description:
Restricts the use, navigation, or piloting of unmanned aircraft systems. Creates criminal penalties and civil remedies.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
