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Assembly Bill A8605A

2015-2016 Legislative Session

Relates to unlawful use of a model aircraft

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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

2015-A8605 - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §240.00, add §240.80, Pen L

2015-A8605 - Summary

Relates to unlawful use of a model aircraft; prohibits use of model aircraft in restricted areas, out of the user's line of sight, near stadiums or above 400 feet.

2015-A8605 - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  8605

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            December 2, 2015
                               ___________

Introduced  by  M. of A. KOLB -- read once and referred to the Committee
  on Codes

AN ACT to amend the penal law, in relation to unlawful use  of  a  model
  aircraft

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 240.00 of the penal law is amended by adding  three
new subdivisions 7, 8 and 9 to read as follows:
  7.  "MODEL  AIRCRAFT"  MEANS  AN  UNMANNED AIRCRAFT, INCLUDING DRONES,
WEIGHING LESS THAN FIFTY-FIVE POUNDS THAT IS FLOWN STRICTLY FOR HOBBY OR
RECREATIONAL USE.
  8. "RESTRICTED AIRSPACE" MEANS ANY AIRSPACE WITHIN FIVE  MILES  OF  AN
AIRPORT  OR  A  CORRECTIONAL FACILITY AS DEFINED IN SECTION FORTY OF THE
CORRECTION LAW.
  9. "DESIGNATED AREA" MEANS AN AREA OF LAND DESIGNATED BY THE  ADOPTION
OF A LOCAL LAW BY A CITY, TOWN OR VILLAGE THAT ALLOWS FOR USE OF A MODEL
AIRCRAFT.
  S  2.  The penal law is amended by adding a new section 240.80 to read
as follows:
S 240.80 UNLAWFUL USE OF A MODEL AIRCRAFT.
  A PERSON IS GUILTY OF UNLAWFUL USE OF A MODEL AIRCRAFT WHEN HE OR  SHE
KNOWINGLY OPERATES A MODEL AIRCRAFT:
  1. OUTSIDE OF A DESIGNATED AREA; OR
  2. MORE THAN FOUR HUNDRED FEET ABOVE GROUND LEVEL; OR
  3. WITHOUT A VISUAL LINE OF SIGHT OF SUCH AIRCRAFT; OR
  4. WITHIN A RESTRICTED AIRSPACE; OR
  5. NEAR STADIUMS.
  UNLAWFUL  USE  OF  A  MODEL  AIRCRAFT IS A MISDEMEANOR PUNISHABLE BY A
MAXIMUM FINE OF ONE THOUSAND DOLLARS AND/OR A SENTENCE  OF  IMPRISONMENT
UP TO NINETY DAYS.
  S  3.  This  act shall take effect on the ninetieth day after it shall
have become a law.

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

co-Sponsors

2015-A8605A (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §240.00, add §240.80, Pen L

2015-A8605A (ACTIVE) - Summary

Relates to unlawful use of a model aircraft; prohibits use of model aircraft in restricted areas, out of the user's line of sight, near stadiums or above 400 feet.

2015-A8605A (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 8605--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            December 2, 2015
                               ___________

Introduced  by  M. of A. KOLB -- 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 unlawful use of a model
  aircraft

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Section 240.00 of the penal law is amended by adding three
new subdivisions 7, 8 and 9 to read as follows:
  7. "MODEL AIRCRAFT" MEANS  AN  UNMANNED  AIRCRAFT,  INCLUDING  DRONES,
WEIGHING LESS THAN FIFTY-FIVE POUNDS THAT IS FLOWN STRICTLY FOR HOBBY OR
RECREATIONAL USE.
  8.  "RESTRICTED  AIRSPACE"  MEANS ANY AIRSPACE WITHIN FIVE MILES OF AN
AIRPORT OR A CORRECTIONAL FACILITY AS DEFINED IN SECTION  FORTY  OF  THE
CORRECTION LAW.
  9.  "DESIGNATED AREA" MEANS AN AREA OF LAND DESIGNATED BY THE ADOPTION
OF A LOCAL LAW BY A CITY, TOWN OR VILLAGE THAT ALLOWS FOR USE OF A MODEL
AIRCRAFT.
  S 2. The penal law is amended by adding a new section 240.80  to  read
as follows:
S 240.80 UNLAWFUL USE OF A MODEL AIRCRAFT.
  A  PERSON IS GUILTY OF UNLAWFUL USE OF A MODEL AIRCRAFT WHEN HE OR SHE
KNOWINGLY OPERATES A MODEL AIRCRAFT:
  1. OUTSIDE OF A DESIGNATED AREA WHERE A  MUNICIPALITY  HAS  ADOPTED  A
LOCAL LAW CREATING SUCH AN AREA OR PRIVATELY OWNED AIR SPACE WHOSE OWNER
HAS AUTHORIZED SUCH USE; OR
  2. MORE THAN FOUR HUNDRED FEET ABOVE GROUND LEVEL; OR
  3. WITHOUT A VISUAL LINE OF SIGHT OF SUCH AIRCRAFT; OR
  4. WITHIN A RESTRICTED AIRSPACE; OR
  5. NEAR STADIUMS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13124-03-5

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