Senate Bill S7723B

2023-2024 Legislative Session

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

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Rules 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

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions
Votes

Bill Amendments

co-Sponsors

2023-S7723 - Details

See Assembly Version of this Bill:
A8176
Current Committee:
Senate Rules
Law Section:
Penal Law
Laws Affected:
Add §270.45, Pen L

2023-S7723 - Summary

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

2023-S7723 - Sponsor Memo

2023-S7723 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7723
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             October 20, 2023
                                ___________
 
 Introduced  by  Sen. BRESLIN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the penal law, in relation to prohibiting the  operation
   of unmanned aircraft over school grounds
 
   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.
   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.
   2. A PERSON IS GUILTY OF UNLAWFULLY  OPERATING  AN  UNMANNED  AIRCRAFT
 OVER SCHOOL GROUNDS WHEN, THEY INTENTIONALLY OR KNOWINGLY:
   (A) OPERATE AN UNMANNED AIRCRAFT OVER SCHOOL GROUNDS AND SUCH UNMANNED
 AIRCRAFT IS NOT HIGHER THAN FOUR HUNDRED FEET ABOVE GROUND LEVEL;
   (B)  ALLOW  AN  UNMANNED AIRCRAFT TO MAKE CONTACT WITH SCHOOL GROUNDS,
 INCLUDING ANY PERSON OR OBJECT ON THE PREMISES;
   (C) ALLOW AN UNMANNED AIRCRAFT TO COME WITHIN  A  DISTANCE  OF  SCHOOL
 GROUNDS  THAT  IS  CLOSE  ENOUGH  TO INTERFERE WITH THE OPERATIONS OF OR
 CAUSE A DISTURBANCE TO THE SCHOOL ON SUCH SCHOOL GROUNDS.
   3. NOTHING IN THIS SECTION SHALL APPLY TO CONDUCT DESCRIBED IN  SUBDI-
 VISION TWO OF THIS SECTION WHEN SUCH CONDUCT IS COMMITTED BY:
   (A) THE FEDERAL GOVERNMENT, THE STATE, OR A GOVERNMENTAL AGENCY;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13457-01-3
              

co-Sponsors

2023-S7723A - Details

See Assembly Version of this Bill:
A8176
Current Committee:
Senate Rules
Law Section:
Penal Law
Laws Affected:
Add §270.45, Pen L

2023-S7723A - Summary

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

2023-S7723A - Sponsor Memo

2023-S7723A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7723--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             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

 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;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13457-05-3
              

co-Sponsors

2023-S7723B (ACTIVE) - Details

See Assembly Version of this Bill:
A8176
Current Committee:
Senate Rules
Law Section:
Penal Law
Laws Affected:
Add §270.45, Pen L

2023-S7723B (ACTIVE) - Summary

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

2023-S7723B (ACTIVE) - Sponsor Memo

2023-S7723B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7723--B
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             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:
 
   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.
                                                            LBD13457-07-4
              

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.