THE SENATE	S.B. NO.	622
THIRTIETH LEGISLATURE, 2019
STATE OF HAWAII

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 rapid growth and widespread use of unregulated unmanned aircraft systems has created a potential risk to people and property in Hawaii.  Congress, in creating the FAA Reauthorization Act of 2018 (Public Law 115‑254), recognized these safety and other concerns, including privacy protection, reporting of unauthorized operation, illegal use over wildfires, enforcement, electronic self-identification of unmanned aircraft systems, and stiff penalties for interfering with public safety.  Congress has directed the Federal Aviation Administration and the Department of Transportation Inspector General to assess and report on these issues, intending to develop guidance for compliance best practices at a national level.

     While federal action will establish uniform responses to these issues and preempt the need for equivalent state or local unmanned aircraft systems registration and operating law, we believe it is necessary to create Hawaii law which enables Hawaii law enforcement to protect the public, the public's well-being, and provide peace of mind against unauthorized operators.

     SECTION 2.  Chapter 711, Hawaii Revised Statutes, is amended by adding three new sections to be appropriately designated and to read as follows:

     "§711-    Unauthorized use of unmanned aircraft in the first degree.  (1)  A person commits the offense of unauthorized use of unmanned aircraft in the first degree if the person intentionally or knowingly:

     (a)  Equips, alters, or attaches an unmanned aircraft with a dangerous or deadly weapon or deploys an unmanned aircraft that is equipped with a dangerous or deadly weapon; or

     (b)  Operates an unmanned aircraft with the intent to use the unmanned aircraft or anything attached to it to cause harm to a person or property.

     (2)  For purposes of this section "dangerous or deadly weapon" shall include those items listed in section 134-51.

     (3)  Unauthorized use of unmanned aircraft in the first degree is a misdemeanor.

     §711-    Unauthorized use of unmanned aircraft in the second degree.  (1)  A person commits the offense of unauthorized use of unmanned aircraft in the second degree if the person intentionally or knowingly operates an unmanned aircraft:

     (a)  In a manner that creates a hazardous or physically offensive condition;

     (b)  In violation of any federal or state law; or

     (c)  In a reckless or careless manner.

     (2)  Unauthorized use of unmanned aircraft in the second degree is a petty misdemeanor.

     §711-    Unauthorized use of unmanned aircraft in the third degree.  (1)  A person commits the offense of unauthorized use of unmanned aircraft in the third degree if the person recklessly operates an unmanned aircraft in violation of Federal Aviation Administration rules.

     (2)  Unauthorized use of unmanned aircraft in the third degree is a petty misdemeanor if the defendant persists after reasonable warning or request to desist.  Otherwise, unauthorized use of unmanned aircraft in the third degree is a violation."

     SECTION 3.  Section 711-1100, Hawaii Revised Statutes, is amended by adding five new definitions to be appropriately inserted and to read as follows:

     ""Model aircraft" means an unmanned aircraft that is:

     (1)  Capable of sustained flight in the atmosphere;

     (2)  Flown within visual line of sight of the person operating the aircraft; and

     (3)  Flown for hobby or recreational purposes.

     "Public unmanned aircraft system" means an unmanned aircraft system that meets the qualifications and conditions required for operation of a public aircraft as defined in title 49 United States Code section 40102(a).

     "Small unmanned aircraft" means an unmanned aircraft weighing less than fifty-five pounds, including everything that is on board or otherwise attached to the aircraft.

     "Unmanned aircraft" means an aircraft that is operated without the possibility of direct human intervention from within or on the aircraft.

     "Unmanned aircraft system" means an unmanned aircraft and associated elements, including communication links and components that control the unmanned aircraft, that are required for the pilot in command to operate safely and efficiently in the national airspace."

     SECTION 4.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 5.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Unauthorized Use of Unmanned Aircraft; Drones; Model Aircraft; Penalties

 

Description:

Defines terms relating to unmanned aircrafts.  Establishes the offenses of unauthorized use of unmanned aircraft in the first, second, and third degree.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.