Assembly Bill A8176B

2023-2024 Legislative Session

Prohibits the operation of unmanned aircraft, including drones, over school grounds or critical infrastructure

download bill text pdf

Sponsored By

Current Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

co-Sponsors

2023-A8176 - Details

See Senate Version of this Bill:
S7723
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add §270.45, Pen L

2023-A8176 - Summary

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

2023-A8176 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8176
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             October 27, 2023
                                ___________
 
 Introduced  by  M. of A. FAHY -- read once and referred to the Committee
   on Codes
 
 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:

   Section 1. The penal law is amended by adding a new section 270.45  to
 read as follows:
 § 270.45 UNLAWFULLY  OPERATING  AN UNMANNED AIRCRAFT OVER SCHOOL GROUNDS
            OR CRITICAL INFRASTRUCTURE.
   1. AS USED IN THIS SECTION:
   (A) "UNMANNED AIRCRAFT" MEANS AN AIRCRAFT OPERATED WITHOUT THE  POSSI-
 BILITY OF DIRECT HUMAN INTERVENTION FROM WITHIN OR ON THE AIRCRAFT.
   (B) "SCHOOL GROUNDS" MEANS IN OR ON OR WITHIN ANY BUILDING, STRUCTURE,
 ATHLETIC  PLAYING  FIELD,  PLAYGROUND  OR LAND CONTAINED WITHIN THE REAL
 PROPERTY BOUNDARY LINE OF A PUBLIC  OR  PRIVATE  ELEMENTARY,  PAROCHIAL,
 INTERMEDIATE, JUNIOR HIGH, VOCATIONAL OR HIGH SCHOOL.
   (C)  "SCHOOL  ADMINISTRATOR" SHALL HAVE THE SAME MEANING AS DEFINED BY
 SUBDIVISION SIX OF SECTION ONE THOUSAND ONE HUNDRED TWENTY-FIVE  OF  THE
 EDUCATION LAW.
   (D) "CRITICAL INFRASTRUCTURE" MEANS:
   (I) AN ELECTRICAL POWER GENERATION OR DELIVERY SYSTEM;
   (II) A PETROLEUM OR ALUMINA REFINERY;
   (III) A CHEMICAL OR RUBBER MANUFACTURING FACILITY;
   (IV) AN OIL OR GAS PIPELINE;
   (V) A PETROLEUM OR CHEMICAL STORAGE FACILITY; OR
   (VI) A DRINKING WATER TREATMENT OR STORAGE FACILITY.
   2.  A  PERSON  IS  GUILTY OF UNLAWFULLY OPERATING AN UNMANNED AIRCRAFT
 OVER SCHOOL GROUNDS OR CRITICAL INFRASTRUCTURE WHEN, THEY  INTENTIONALLY
 OR KNOWINGLY:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13457-02-3
 A. 8176                             2

co-Sponsors

2023-A8176A - Details

See Senate Version of this Bill:
S7723
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add §270.45, Pen L

2023-A8176A - Summary

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

2023-A8176A - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8176--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             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:
 
   Section  1. The penal law is amended by adding a new section 270.45 to
 read as follows:
 § 270.45 UNLAWFULLY OPERATING AN UNMANNED AIRCRAFT OVER  SCHOOL  GROUNDS
            OR CRITICAL INFRASTRUCTURE.
   1. AS USED IN THIS SECTION:
   (A)  "UNMANNED AIRCRAFT" MEANS AN AIRCRAFT OPERATED WITHOUT THE POSSI-
 BILITY OF DIRECT HUMAN INTERVENTION FROM WITHIN OR ON THE AIRCRAFT.
   (B) "SCHOOL GROUNDS" MEANS IN OR ON OR WITHIN ANY BUILDING, STRUCTURE,
 ATHLETIC PLAYING FIELD, PLAYGROUND OR LAND  CONTAINED  WITHIN  THE  REAL
 PROPERTY  BOUNDARY  LINE  OF  A PUBLIC OR PRIVATE ELEMENTARY, PAROCHIAL,
 INTERMEDIATE, JUNIOR HIGH, VOCATIONAL OR HIGH SCHOOL.
   (C) "SCHOOL ADMINISTRATOR" SHALL HAVE THE SAME MEANING AS  DEFINED  BY
 SUBDIVISION  SIX  OF SECTION ONE THOUSAND ONE HUNDRED TWENTY-FIVE OF THE
 EDUCATION LAW.
   (D) "CRITICAL INFRASTRUCTURE" MEANS ANY OF THE FOLLOWING, IF COMPLETE-
 LY ENCLOSED BY A FENCE OR  OTHER  PHYSICAL  BARRIER  THAT  IS  OBVIOUSLY
 DESIGNED TO EXCLUDE INTRUDERS, OR IF CLEARLY MARKED WITH A SIGN OR SIGNS
 WHICH INDICATE THAT ENTRY IS FORBIDDEN AND WHICH ARE POSTED ON THE PROP-
 ERTY  IN  A MANNER REASONABLY LIKELY TO COME TO THE ATTENTION OF INTRUD-
 ERS, AND INDICATE THAT ENTRY IS FORBIDDEN:
   (I) AN ELECTRICAL POWER GENERATION OR DELIVERY SYSTEM;
   (II) A PETROLEUM OR ALUMINA REFINERY;
   (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

co-Sponsors

2023-A8176B (ACTIVE) - Details

See Senate Version of this Bill:
S7723
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add §270.45, Pen L

2023-A8176B (ACTIVE) - Summary

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

2023-A8176B (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8176--B
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             October 27, 2023
                                ___________
 
 Introduced  by M. of A. FAHY, SEAWRIGHT, DICKENS, BURDICK, GLICK, AUBRY,
   LUNSFORD -- read once and  referred  to  the  Committee  on  Codes  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee -- recommitted to the Committee on Codes
   in accordance with Assembly Rule 3, sec. 2  --  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:
 
   Section 1. Legislative findings and intent. The New York state  legis-
 lature finds and declares that protecting the safety and security of our
 schools  and  our critical infrastructure facilities is of utmost impor-
 tance. It is the intent of the legislature to respond to developments in
 technology to ensure that new  technologies  do  not  pose  unreasonable
 risks  to our school children or our critical infrastructure facilities.
 Unmanned aircraft  are  often  equipped  with  surveillance  technology,
 including  photograph  and  video  capabilities.  Thus, the operation of
 unmanned aircraft has the potential to infringe on the  privacy  of  the
 students,  teachers, and staff on school grounds. Further, the operation
 of unmanned aircraft can pose a risk to the safety and security of  both
 schools  and  critical  infrastructure facilities. Aerial photographs or
 videos of school grounds or critical infrastructure could equip  nefari-
 ous  actors  with  information about the location of critical equipment,
 entry and exit points, or the precise location of staff and, if applica-
 ble, students at a given time of day. Given these substantial risks, the
 legislature finds that an unmanned aircraft that remains above or hovers
 above school grounds or critical infrastructure without  permission  can
 be  presumed to be performing surveillance and, as such, poses an unrea-
 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.
                                                            LBD13457-06-4

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