NY State Senate Bill 2023-S4650

Current Bill Status - Stricken

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 06, 2024	recommit, enacting clause stricken
Jan 03, 2024	referred to transportation
Feb 13, 2023	referred to transportation

2023-S4650 (ACTIVE) - Details

See Assembly Version of this Bill:: A194
Law Section:: Vehicle and Traffic Law
Laws Affected:: Add Art 48-D §§2500 - 2504, V & T L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S8936, A10625
2019-2020: S5461, A1515
2021-2022: S3914, A1439

2023-S4650 (ACTIVE) - Summary

Regulates the use of unmanned aircrafts in the state; defines terms; authorizes permitted uses of unmanned aircrafts; restricts use of unmanned aircrafts

2023-S4650 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S4650

SPONSOR: KENNEDY
 
TITLE OF BILL:

An act to amend the vehicle and traffic law, in relation to regulating
the use of unmanned aircraft in the state

 
PURPOSE:

To provide consistent regulation of unmanned aerial systems in New York
consistent with Federal. Aviation Administration ("FAA") regulations and
guidelines.

 
SUMMARY OF PROVISIONS:

Section 1: Adds new Article 48-D to the Vehicle and Traffic Law with
sections 2500 - 2504 of the new article. These new sections cover defi-
nitions, permitted uses of unmanned aircraft, restricted uses of
unmanned aircraft and State preemption of local laws.

Section 2: Establishes the effective date.

 
JUSTIFICATION:

Unmanned aircraft or drones are a fast growing industry in New York
State. They have become popular with both commercial and hobbyists
alike. The commercial use of unmanned aircraft has been extremely bene-
ficial for its users and they have been increasingly used in a variety
of industries from agriculture to construction. Upstate New York
currently hosts the New York UAS Test Site at Griffiss International
Airport in Rome, NY and is poised to become a leader in this emerging
field. This legislation seeks to further the growth of this industry by
establishing consistent regulatory structure for unmanned aircraft in
the State. Specifically, the legislation seeks to regulate unmanned
aircraft that have been approved by the FAA.

This legislation is modeled on current FAA regulations and will help
provide certainty to companies and users on how they can operate these
systems in New York. More importantly, this legislation helps ensure the
highest level of safety of flight, and safety of people and property on
the ground. In addition, this legislation will help law enforcement by
creating a uniform structure of permitted and unpermitted use of
unmanned aircraft that they can enforce statewide.  The bill addresses
permitted uses, unpermitted uses and takes into account basic safety and
privacy guidelines for users and the public.  Other states are enacting
similar laws to ensure their regulatory structure is consistent with FAA
policy.

This bill will create regulatory certainty for unmanned aircraft compa-
nies and users and will prevent conflicts with federal laws and regu-
lations. New York is in a unique position to benefit from the growth of
this industry and its potential to create jobs in the State.

 
LEGISLATIVE HISTORY:

2021-22: S.3914 Referred to Transportation


2019-2020: S.5461A Referred to Transportation/ A.1515A Referred to
Transportation

2018: S.8936 Referred to Rules/ A.10625 Referred to transportation

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S4650 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4650
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 13, 2023
                                ___________
 
 Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Transportation
 
 AN ACT to amend the vehicle and traffic law, in relation  to  regulating
   the use of unmanned aircraft in the state
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The vehicle and traffic law is  amended  by  adding  a  new
 article 48-D to read as follows:
                               ARTICLE 48-D
                             UNMANNED AIRCRAFT
 SECTION 2500. LEGISLATIVE PURPOSE.
         2501. DEFINITIONS.
         2502. PERMITTED USE OF UNMANNED AIRCRAFT.
         2503. RESTRICTED USE OF UNMANNED AIRCRAFT.
         2504. STATE PREEMPTION.
   §  2500. LEGISLATIVE  PURPOSE.  IT  IS  THE PURPOSE OF THIS ARTICLE TO
 ENCOURAGE THE SAFE OPERATION OF UNMANNED AIRCRAFT AND TO GIVE  USERS  OF
 UNMANNED  AIRCRAFT  CLEAR  RULES  OF  OPERATION THAT ALSO GIVE STATE AND
 LOCAL LAW ENFORCEMENT THE TOOLS NEEDED TO PROTECT PUBLIC SAFETY, PRIVACY
 AND PROPERTY.  THIS SECTION IS INTENDED TO ENSURE CONSISTENCY AND  AVOID
 CONFLICT  BETWEEN  LOCAL,  STATE  AND FEDERAL LAW PERTAINING TO UNMANNED
 AIRCRAFT AND THEIR USE.
   § 2501. DEFINITIONS. 1. "PERSON"  MEANS  AN  INDIVIDUAL,  PARTNERSHIP,
 CORPORATION, ASSOCIATION, GOVERNMENTAL ENTITY, OR OTHER LEGAL ENTITY.
   2. "POLITICAL SUBDIVISION" MEANS A COUNTY, CITY, VILLAGE, TOWNSHIP, OR
 OTHER  DEPARTMENT,  AGENCY,  POLITICAL  SUBDIVISION, PUBLIC CORPORATION,
 AUTHORITY, OR DISTRICT IN THIS STATE.
   3. "UNMANNED AIRCRAFT" MEANS AN AIRCRAFT OPERATED WITHOUT  THE  POSSI-
 BILITY OF DIRECT HUMAN INTERVENTION FROM WITHIN OR ON THE AIRCRAFT.
   4.  "UNMANNED  AIRCRAFT SYSTEM" MEANS AN UNMANNED AIRCRAFT AND ASSOCI-
 ATED ELEMENTS, INCLUDING COMMUNICATION LINKS AND COMPONENTS THAT CONTROL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00313-01-3

 S. 4650                             2
 
 THE UNMANNED AIRCRAFT THAT ARE REQUIRED FOR  THE  PILOT  IN  COMMAND  TO
 OPERATE SAFELY AND EFFICIENTLY.
   §  2502. PERMITTED USE OF UNMANNED AIRCRAFT. 1. THE FLIGHT OF UNMANNED
 AIRCRAFT OVER THE LAND AND WATERS OF THIS STATE IS LAWFUL.
   2. A PERSON MAY OPERATE AN UNMANNED AIRCRAFT SYSTEM IN THIS STATE  FOR
 COMMERCIAL  OR  RECREATIONAL PURPOSES IF THE UNMANNED AIRCRAFT SYSTEM IS
 OPERATED IN A MANNER CONSISTENT WITH FEDERAL LAW AND REGULATION.
   § 2503. RESTRICTED USE OF UNMANNED AIRCRAFT. 1. A PERSON OPERATING  AN
 UNMANNED  AIRCRAFT  SHALL  NOT  INTERFERE WITH MANNED AIRCRAFT AND SHALL
 ALWAYS GIVE RIGHT OF WAY TO MANNED AIRCRAFT.
   2. A PERSON OPERATING AN UNMANNED  AIRCRAFT  SHALL  NOT  INTENTIONALLY
 OPERATE AN UNMANNED AIRCRAFT IN A MANNER THAT IS IMMINENTLY DANGEROUS TO
 PERSONS OR PROPERTY LAWFULLY ON THE LAND OR WATER BENEATH.
   3.  A  PERSON  OPERATING  AN UNMANNED AIRCRAFT SHALL NOT INTENTIONALLY
 OPERATE AN UNMANNED AIRCRAFT IN A MANNER THAT  CONSTITUTES  A  FREQUENT,
 REPETITIVE, SUBSTANTIAL AND UNREASONABLE NUISANCE.
   4.  A  PERSON  OPERATING  AN  UNMANNED  AIRCRAFT  SHALL NOT OPERATE AN
 UNMANNED AIRCRAFT IN THIS STATE WITHOUT FIRST COMPLYING WITH ALL  APPLI-
 CABLE  LICENSING, REGISTRATION, AND MARKING REQUIREMENTS REQUIRED BY THE
 FEDERAL AVIATION ADMINISTRATION.
   5. A PERSON OPERATING  AN  UNMANNED  AIRCRAFT  SHALL  NOT  OPERATE  IN
 VIOLATION  OF  ANY  FLIGHT  RESTRICTION  ISSUED  BY THE FEDERAL AVIATION
 ADMINISTRATION.
   6. A PERSON SHALL NOT KNOWINGLY AND INTENTIONALLY OPERATE AN  UNMANNED
 AIRCRAFT  SYSTEM  IN A MANNER THAT UNREASONABLY OBSTRUCTS WITH THE OFFI-
 CIAL DUTIES OF ANY OF THE FOLLOWING:  (A) A POLICE  OFFICER;  (B)  FIRE-
 FIGHTER; (C) PARAMEDIC; OR (D) SEARCH AND RESCUE PERSONNEL.
   7.  A PERSON SHALL NOT KNOWINGLY AND INTENTIONALLY OPERATE AN UNMANNED
 AIRCRAFT SYSTEM TO SUBJECT AN INDIVIDUAL TO HARASSMENT. AS USED IN  THIS
 SUBDIVISION, "HARASSMENT" MEANS THAT TERM AS DEFINED IN SECTIONS 240.25,
 240.26, 240.30 OR 240.31 OF THE PENAL LAW.
   8.  A PERSON SHALL NOT KNOWINGLY AND INTENTIONALLY OPERATE AN UNMANNED
 AIRCRAFT SYSTEM WITHIN A DISTANCE THAT, IF THE  PERSON  WERE  TO  DO  SO
 PERSONALLY RATHER THAN THROUGH REMOTE OPERATION OF AN UNMANNED AIRCRAFT,
 WOULD BE A VIOLATION OF A RESTRAINING ORDER OR OTHER JUDICIAL ORDER.
   9.  THIS  SECTION  DOES  NOT  AFFECT  THE ABILITY TO INVESTIGATE OR TO
 ARREST, PROSECUTE, OR CONVICT AN INDIVIDUAL FOR ANY OTHER VIOLATION OF A
 LAW OF THIS STATE.
   § 2504. STATE PREEMPTION.  1. IN CONCERT WITH FEDERAL  LAW  AND  REGU-
 LATION, THE AUTHORITY TO REGULATE THE OWNERSHIP OR OPERATION OF UNMANNED
 AIRCRAFT IS VESTED SOLELY WITH THE STATE.
   2.  EXCEPT AS EXPRESSLY AUTHORIZED BY STATUTE, A POLITICAL SUBDIVISION
 SHALL NOT ENACT OR ENFORCE AN ORDINANCE OR RESOLUTION THAT REGULATES THE
 OWNERSHIP OR OPERATION OF UNMANNED AIRCRAFT OR OTHERWISE ENGAGE  IN  THE
 REGULATION  OF  THE  OWNERSHIP OR OPERATION OF UNMANNED AIRCRAFT.  POLI-
 TICAL SUBDIVISIONS MUST WORK IN  COMPLIANCE  WITH  STATE  LAW  REGARDING
 LIMITS PLACED ON THE OWNERSHIP OR OPERATION OF UNMANNED AIRCRAFT.
   3.   ANY EXISTING OR FUTURE LOCAL LAW OR ORDINANCE WHICH IS INCONSIST-
 ENT WITH ANY PROVISION OF THIS SUBDIVISION OR ANY  RULE  AND  REGULATION
 PROMULGATED HEREUNDER SHALL BE PREEMPTED.
   4. THIS ARTICLE DOES NOT AFFECT FEDERAL PREEMPTION OF STATE LAW.
   § 2. This act shall take effect immediately.

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Senate Bill S4650

Sponsored By

Current Bill Status - Stricken

2023-S4650 (ACTIVE) - Details

2023-S4650 (ACTIVE) - Summary

2023-S4650 (ACTIVE) - Sponsor Memo

2023-S4650 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S4650

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Sponsored By

Timothy M. Kennedy

Current Bill Status - Stricken

2023-S4650 (ACTIVE) - Details

2023-S4650 (ACTIVE) - Summary

2023-S4650 (ACTIVE) - Sponsor Memo

2023-S4650 (ACTIVE) - Bill Text download pdf

Comments