Bill Text: NJ A2147 | 2014-2015 | Regular Session | Introduced
Bill Title: Sets forth certain restriction regarding use of drones by law enforcement entities, forest fire departments, and entertainment venues.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2014-01-16 - Introduced, Referred to Assembly Homeland Security and State Preparedness Committee [A2147 Detail]
Download: New_Jersey-2014-A2147-Introduced.html
Sponsored by:
Assemblywoman CAROLINE CASAGRANDE
District 11 (Monmouth)
SYNOPSIS
Sets forth certain restriction regarding use of drones by law enforcement entities, forest fire departments, and entertainment venues.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the use of unmanned aerial systems, supplementing Title 2A of the New Jersey Statutes and amending P.L.1983, c.135.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) a. For the purposes of this act,
"Unmanned aerial system" means an aerial system that uses aerodynamic forces to propel the vehicle and does not carry a human operator, and which is capable of flying autonomously or being piloted remotely.
b. No law enforcement agency shall utilize an unmanned aerial system unless that law enforcement agency, or the Attorney General or county prosecutor acting on behalf of the law enforcement agency, files an application with a judge for a court order authorizing the use of an unmanned aerial system.
c. Each application for a court order authorizing the use of an unmanned aerial system shall be made in writing upon oath or affirmation and shall state:
(1) the identity of the particular person or group of persons, if known, who are the subject of the aerial surveillance operation;
(2) a statement of facts establishing the purpose of the aerial surveillance activities and the character of the information that the law enforcement agency, or investigative or law enforcement officer intends to obtain from conducting an aerial surveillance operation;
(3) the location of the surveillance operation or the particular place where the aerial surveillance operation is to take place;
(4) a statement of the period of time during which the aerial surveillance operation is to be conducted; and
(5) a particular statement of facts showing that other normal investigative procedures with respect to the offense have been tried and have failed or reasonably appear to be unlikely to succeed if tried or would be too dangerous to employ.
d. When a law enforcement agency utilizes an unmanned aerial system and records a verbal or video communication that is unrelated to the investigation for which a court order has been issued, the contents of the verbal or video communication, and any evidence derived from that communication, shall be discarded and shall not be used as evidence in court for a crime unrelated to the investigation.
2. (New section) a. Any entity enumerated under section 6 of P.L. , c. (C. ) (pending before the Legislature as this bill) that purchases a drone in accordance with this act shall immediately provide public notice with respect to the purchase of the unmanned aerial system in a newspaper authorized by law to publish official public notices. The public notice shall include the price paid for the unmanned aerial system, the size of the unmanned aerial system, and the supplier or manufacturer of the unmanned aerial system. A copy of the receipt for purchase shall be provided to the clerk of the municipality or county in which the law enforcement agency is located and shall be available for public inspection immediately after the unmanned aerial system has been purchased.
b. If an unmanned aerial system is purchased or obtained by the Division of State Police in the Department of Law and Public Safety, the public notice required under subsection a. of this section shall be made available and accessible to the public from the official Internet web site of the Division of State Police.
3. (New section) The provisions of section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill) requiring a law enforcement agency to obtain a court order to utilize an unmanned aerial system shall not apply to the forest fire service established under the Department of Environmental Protection pursuant to R.S.13:9-1 et seq. when the service or any members of the service utilize an unmanned aerial system to survey or monitor the extent of a forest fire.
4. (New section) a. For the purposes of this section, "aerial advertising" means advertising that incorporates the use of an unmanned aerial system to tow or display a banner, poster, writing, picture, painting, model, display, emblem, notice, illustration, insignia, symbol or any other form of advertising sign.
b. A place of entertainment as defined in subsection d. of section 1 of P.L.1983, c.135 (C.56:8-26) may utilize an unmanned aerial system as defined under section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill) for the sole purpose of providing aerial advertising at a scheduled event so long as the place of entertainment complies with the ticket notification requirements pursuant to or under subsection a. of section 8 of P.L.1983, c.135 (C.56:8-33). A place of entertainment that utilizes an unmanned aerial system to conduct aerial advertising shall be limited to flying the unmanned aerial system during a time period beginning one hour prior to the scheduled commencement of an event being held at the place of entertainment, and until one hour following the actual completion of a scheduled event held at the place of entertainment.
c. The Commissioner of Transportation shall establish guidelines necessary to implement this section. Any unmanned aerial system used by a place of entertainment to provide aerial advertising shall be conspicuously distinct, through the use of color and design, in order to notify the public that the unmanned aerial system does not carry a human operator. The Commissioner of Transportation shall determine the color and the manner in which the unmanned aerial system is designed to achieve this result.
d. Any owner of a place of entertainment who violates this section or violates the ticket notification requirements established under subsection a. of section 8 of P.L.1983, c.135 (C.56:8-33) shall be subject to a civil penalty of $25,000 per violation. All penalties assessed under this section shall be payable to the State Treasurer and may be recovered in a summary proceeding pursuant to "The Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.)
5. Section 8 of P.L.1983, c.135 (C.56:8-33) is amended to read as follows:
8. a. Each place of entertainment shall print on the face of each ticket and include in any advertising for any event the price charged [therefor] and whether the place of entertainment will use an unmanned aerial system as defined in section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill) for advertisement purposes at the event for which the ticket is issued.
b. No person other than a registered ticket broker shall resell or purchase with the intent to resell a ticket for admission to a place of entertainment at a maximum premium in excess of 20% of the ticket price or $3.00, whichever is greater, plus lawful taxes. No registered ticket broker shall resell or purchase with the intent to resell a ticket for admission to a place of entertainment at a premium in excess of 50% of the price paid to acquire the ticket, plus lawful taxes.
c. Notwithstanding the provisions of subsection a. or b. of this section, nothing shall limit the price for the resale or purchase of a ticket for admission to a place of entertainment sold by any person other than a registered ticket broker, provided such resale or purchase is made through an Internet web site.
(P.L. 2008, c.55, s.2)
6. (New section) Any person who purchases, owns, or possesses an unmanned aerial system as defined in section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill) is guilty of a disorderly persons offense. The provisions of this section shall not apply to:
a. Any law enforcement agency or officer while on duty, the forest fire service or any member of the forest fire fighter service acting in accordance with section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill);
b. Any member of the Armed Forces of the United States or member of the National Guard while on duty or traveling to or from an authorized place of duty; or
c. A place of entertainment as defined under subsection d. of section 1 of P.L.1983, c.135 (C.56:8-26) that utilizes an unmanned aerial system in accordance with section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill).
7. This act shall take effect immediately.
STATEMENT
This bill sets forth certain requirements for the use of unmanned aerial systems, also known as drones, in this State. Specifically, the bill limits the use of drones to law enforcement agencies, forest fire departments, the Armed Forces of the United States and certain entertainment venues. The general public is prohibited from using drones under the bill's provisions.
Under the bill, a law enforcement agency conducting a surveillance operation must obtain a court order when using a drone during the course of an investigation. The application for a court order is to provide the following: a description of the identity of the persons, if known, who are the subject of the aerial surveillance operation; a statement of facts establishing the purpose of the aerial surveillance activities and the information sought; the location where the aerial surveillance operation is to take place; a statement of the period of time during which the aerial surveillance operation is to be conducted; and a statement of facts showing that other normal investigative procedures have been tried and have failed or are unlikely to succeed or are too dangerous to employ.
The bill also requires that any verbal or video communication that is unrelated to the investigation for which a warrant is sought is to be discarded and not be used as evidence for a separate crime unrelated to the investigation.
The bill waives the court order requirement for the forest fire service established under the Department of Environmental Protection when the service or any members of the service utilize a drone to survey or monitor the extent of a forest fire.
In addition, the bill permits places of entertainment to utilize a drone for the sole purpose of conducting aerial advertising. Current law defines a "place of entertainment" as any privately or publicly owned and operated entertainment facility within this State, such as a theater, stadium, museum, arena, racetrack or other place where performances, concerts, exhibits, games or contests are held and for which an entry fee is charged. A place of entertainment that utilizes a drone for an event is required to print a message on the face of each ticket issued by the venue notifying attendees that a drone will be used. The bill limits the use of drone during a time period beginning one hour prior to the scheduled commencement of an even and until one hour following the actual completion a scheduled event. Any drone used by a place of entertainment to provide aerial advertising is to be conspicuously distinct, through the use of color and design, in order to notify the public that the unmanned aerial system does not carry a human operator. The bill provides that an owner of an entertainment venue who violates these requirements is subject to a civil penalty of $25,000 per violation.
The bill stipulates that any law enforcement entity, member of the Armed Forces of the United States or member of the National Guard while on duty, forest fire department, or place of entertainment that purchases a drone is also required to provide public notice of the purchase in a newspaper. The bill requires that the public notice include the price paid for the drone, the size of the drone, and the supplier or manufacturer of the drone. The bill requires that the Division of State Police in the Department of Law and Public Safety post this public notice required on its official web site.
Finally, any person who purchases, owns, or possesses a drone is guilty of a disorderly persons offense under the bill. The penalty for a disorderly persons offense is a fine of up to $1,000, up to 6 months imprisonment, or both. This penalty does not apply to any law enforcement entity, member of the Armed Forces of the United States or member of the National Guard while on duty, forest fire department, or place of entertainment.
