Bill Text: NY S07723 | 2023-2024 | General Assembly | Amended

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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 2-0)

Status: (Introduced) 2024-03-11 - PRINT NUMBER 7723B [S07723 Detail]

Download: New_York-2023-S07723-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         7723--B

                               2023-2024 Regular Sessions

                    IN SENATE

                                    October 20, 2023
                                       ___________

        Introduced  by Sens. BRESLIN, SKOUFIS -- read twice and ordered printed,
          and when printed to be committed to the Committee on Rules  --  recom-
          mitted  to  the  Committee  on Codes in accordance with Senate Rule 6,
          sec. 8 -- committee discharged, bill  amended,  ordered  reprinted  as
          amended  and  recommitted  to  said committee -- 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. Legislative findings and intent. The New York state legis-
     2  lature finds and declares that protecting the safety and security of our
     3  schools and our critical infrastructure facilities is of  utmost  impor-
     4  tance. It is the intent of the legislature to respond to developments in
     5  technology  to  ensure  that  new  technologies do not pose unreasonable
     6  risks to our school children or our critical infrastructure  facilities.
     7  Unmanned  aircraft  are  often  equipped  with  surveillance technology,
     8  including photograph and video  capabilities.  Thus,  the  operation  of
     9  unmanned  aircraft  has  the potential to infringe on the privacy of the
    10  students, teachers, and staff on school grounds. Further, the  operation
    11  of  unmanned aircraft can pose a risk to the safety and security of both
    12  schools and critical infrastructure facilities.  Aerial  photographs  or
    13  videos  of school grounds or critical infrastructure could equip nefari-
    14  ous actors with information about the location  of  critical  equipment,
    15  entry and exit points, or the precise location of staff and, if applica-
    16  ble, students at a given time of day. Given these substantial risks, the
    17  legislature finds that an unmanned aircraft that remains above or hovers
    18  above  school  grounds or critical infrastructure without permission can
    19  be presumed to be performing surveillance and, as such, poses an  unrea-
    20  sonable  security  risk.  It  is  not  the  intent of the legislature to

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13457-07-4
        S. 7723--B                          2

     1  restrict overflight by unmanned  aircraft  traversing  the  space  above
     2  school grounds or critical infrastructure.
     3    §  2.  The penal law is amended by adding a new section 270.45 to read
     4  as follows:
     5  § 270.45 Unlawfully operating an unmanned aircraft over  school  grounds
     6             or critical infrastructure.
     7    1. As used in this section:
     8    (a)  "Unmanned aircraft" means an aircraft operated without the possi-
     9  bility of direct human intervention from within or on such aircraft.
    10    (b) "School grounds" means in or on or within any building, structure,
    11  athletic playing field, playground or land  contained  within  the  real
    12  property  boundary  line  of  a public or private elementary, parochial,
    13  intermediate, junior high, vocational or high school.
    14    (c) "School administrator" shall have the same meaning as  defined  by
    15  subdivision  six  of section one thousand one hundred twenty-five of the
    16  education law.
    17    (d) "Critical infrastructure" means any of the following, if complete-
    18  ly enclosed by a fence or  other  physical  barrier  that  is  obviously
    19  designed to exclude intruders, or if clearly marked with a sign or signs
    20  which indicate that entry is forbidden and which are posted on the prop-
    21  erty  in  a manner reasonably likely to come to the attention of intrud-
    22  ers, and indicate that entry is forbidden:
    23    (i) an electrical power generation or delivery system;
    24    (ii) a petroleum or alumina refinery;
    25    (iii) a chemical or rubber manufacturing facility;
    26    (iv) an oil or gas pipeline;
    27    (v) a petroleum or chemical storage facility; or
    28    (vi) a drinking  water  intake  structure,  drinking  water  treatment
    29  facility, wastewater treatment plant, pressure/flow regulating facility,
    30  water  storage tank, standpipe, water supply reservoir, pump station, or
    31  wellfield.
    32    2. A person is guilty of unlawfully  operating  an  unmanned  aircraft
    33  over  school  grounds or critical infrastructure when such person inten-
    34  tionally or knowingly:
    35    (a) operates an unmanned aircraft  over  school  grounds  or  critical
    36  infrastructure  and such unmanned aircraft remains above or hovers above
    37  such school grounds  or  critical  infrastructure,  provided  that  such
    38  unmanned aircraft is not higher than two hundred fifty feet above ground
    39  level; or
    40    (b) allows an unmanned aircraft to make contact with school grounds or
    41  critical  infrastructure, including any person or object on the premises
    42  of such school grounds or critical infrastructure.
    43    3. Nothing in this section shall apply to conduct described in  subdi-
    44  vision two of this section when such conduct is committed by:
    45    (a) the federal government, the state, or a governmental agency;
    46    (b)  a person under contract with or otherwise acting under the direc-
    47  tion or on behalf of the federal government, the  state,  or  a  govern-
    48  mental entity;
    49    (c) a person who has the prior written consent of:
    50    (i)  in  the  case  of an unmanned aircraft being operated over school
    51  grounds, the school administrator of such school grounds or such  school
    52  administrator's designee; or
    53    (ii)  in the case of an unmanned aircraft being operated over critical
    54  infrastructure, the entity responsible for the operation of  such  crit-
    55  ical infrastructure;
    56    (d) a law enforcement agency;
        S. 7723--B                          3

     1    (e)  a person under contract with or otherwise acting under the direc-
     2  tion or on behalf of a law enforcement agency; or
     3    (f)  a  person  who  operates an unmanned aircraft that traverses over
     4  school grounds or critical infrastructure when  such  unmanned  aircraft
     5  is:
     6    (i) at least two hundred fifty feet above such school grounds or crit-
     7  ical infrastructure; and
     8    (ii)  continuously flying through and is not hovering over such school
     9  grounds or critical infrastructure.
    10    Unlawfully operating an unmanned aircraft over school grounds or crit-
    11  ical infrastructure is a class B misdemeanor for a first offense  and  a
    12  class A misdemeanor for any subsequent offense.
    13    § 3. This act shall take effect on the first of November next succeed-
    14  ing the date on which it shall have become a law.