NY State Senate Bill 2017-S8936

Archive: Last 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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 06, 2018	referred to rules

2017-S8936 (ACTIVE) - Details

See Assembly Version of this Bill:: A10625
Current Committee:: Senate Rules
Law Section:: Vehicle and Traffic Law
Laws Affected:: Add Art 48-D §§2500 - 2504, V & T L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S5461, A1515
2021-2022: S3914, A1439
2023-2024: S4650, S9513, A194
2025-2026: S3273, A260

2017-S8936 (ACTIVE) - Summary

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

2017-S8936 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8936

SPONSOR: VALESKY
 
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 companies and users and will prevent conflicts with federal
laws and regulations. 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:

New bill.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2017-S8936 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8936
 
                             I N  S E N A T E
 
                               June 6, 2018
                                ___________
 
 Introduced  by  Sen. VALESKY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 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
 THE UNMANNED AIRCRAFT THAT ARE REQUIRED FOR  THE  PILOT  IN  COMMAND  TO
 OPERATE SAFELY AND EFFICIENTLY.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD15001-03-8

 S. 8936                             2
 
   §  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. THE AUTHORITY TO REGULATE THE OWNERSHIP
 OR OPERATION OF UNMANNED AIRCRAFT IS VESTED SOLELY IN 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.
   3. NOTWITHSTANDING SUBDIVISIONS ONE AND TWO OF THIS SECTION, A  SUBDI-
 VISION  MAY PROMULGATE RULES, REGULATIONS, AND ORDINANCES FOR THE USE OF
 UNMANNED AIRCRAFT SYSTEMS BY THE POLITICAL SUBDIVISION WITHIN THE BOUND-
 ARIES OF THE POLITICAL SUBDIVISION.
   4. THIS ARTICLE DOES NOT AFFECT FEDERAL PREEMPTION OF STATE LAW.
   § 2. This act shall take effect immediately.

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Senate Bill S8936

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

2017-S8936 (ACTIVE) - Details

2017-S8936 (ACTIVE) - Summary

2017-S8936 (ACTIVE) - Sponsor Memo

2017-S8936 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S8936

Share this bill

Sponsored By

David J. Valesky

Archive: Last Bill Status - In Senate Committee Rules Committee

2017-S8936 (ACTIVE) - Details

2017-S8936 (ACTIVE) - Summary

2017-S8936 (ACTIVE) - Sponsor Memo

2017-S8936 (ACTIVE) - Bill Text download pdf

Comments