NY State Senate Bill 2023-S7723B

Senate Bill S7723B

2023-2024 Legislative Session

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

download bill text pdf

Current Bill Status - On Floor Calendar

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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 14, 2024	advanced to third reading
May 13, 2024	2nd report cal.
May 08, 2024	1st report cal.1010
Mar 11, 2024	print number 7723b
Mar 11, 2024	amend and recommit to codes
Jan 22, 2024	print number 7723a
Jan 22, 2024	amend (t) and recommit to codes
Jan 03, 2024	referred to codes
Oct 20, 2023	referred to rules

Votes

- May 8, 2024 - Codes Committee Vote
  S7723B
  
  9
  
  Aye
  
  2
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Codes Committee Vote: May 8, 2024
      
      aye (9)
      
      Bailey
      
      Gallivan
      
      Harckham
      
      Kavanagh
      
      Murray
      
      Myrie
      
      Palumbo
      
      Persaud
      
      Ryan
      
      nay (2)
      
      Brisport
      
      Sepúlveda
      
      excused (2)
      
      Hoylman-Sigal
      
      O'Mara

Bill Amendments

Original

B (Active)

co-Sponsors

2023-S7723 - Details

See Assembly Version of this Bill:: A8176
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

                                 
BILL NUMBER: S7723

SPONSOR: BRESLIN
 
TITLE OF BILL:

An act to amend the penal law, in relation to prohibiting the operation
of unmanned aircraft over school grounds

 
PURPOSE:

Prohibits the operation of unmanned aircraft over school grounds.

 
SUMMARY OF PROVISIONS:

Section 1 amends the penal code by adding a new section 270.45, which
makes it unlawful to operate an unmanned aircraft over school grounds.

Section 1.1 Defines relevant terms.

Section 1.2 Establishes that a person commits an offense by operating an
unmanned aircraft over school grounds.

Section 1.3 Establishes exceptions to the offense as defined in section
1.2 if the unmanned aircraft is operated by an official or designee of a
government or law enforcement agency, or if the operator obtains written
permission from a school administrator.

Section 1.4 Establishes that the offense under this section is a Class B
misdemeanor and defines an exception.

Section 2 sets the effective date.

 
EXISTING LAW:

Click here

 
JUSTIFICATION:

Under current law, there is no restriction on flying a drone or other
unmanned aircraft over school grounds. This lack of regulation puts the
safety and security of schoolchildren at risk. Drones can be equipped
with surveillance technology that, in the hands of bad actors, could be
used for nefarious purposes. In light of the tragic frequency of school
shootings, we must ensure that bad actors cannot exploit drone technolo-
gy to threaten the safety and security of New York schoolchildren.

This legislation makes it a Class B misdemeanor to operate a drone over
school grounds in New York, except in cases where the operator has the
express written consent of a school administrator. This bill also makes
exceptions for legitimate unmanned aircraft use by governments, law
enforcement agencies, and their designees. Ensuring that unauthorized
individuals cannot fly drones above schools is a common-sense measure to
protect children's safety.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:
None.

 
LOCAL FISCAL IMPLICATIONS:

Click here

 
EFFECTIVE DATE:
This act shall take effect immediately.

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

 S. 7723                             2
 
   (B)  A PERSON UNDER CONTRACT WITH OR OTHERWISE ACTING UNDER THE DIREC-
 TION OR ON BEHALF OF THE FEDERAL GOVERNMENT, THIS STATE, OR GOVERNMENTAL
 ENTITY;
   (C)  A PERSON WHO HAS THE PRIOR WRITTEN CONSENT OF THE SCHOOL ADMINIS-
 TRATOR OR HIS OR HER DESIGNEE;
   (D) A LAW ENFORCEMENT AGENCY; OR
   (E) A PERSON UNDER CONTRACT WITH OR OTHERWISE ACTING UNDER THE  DIREC-
 TION OR ON BEHALF OF A LAW ENFORCEMENT AGENCY.
   UNLAWFULLY  OPERATING  AN  UNMANNED  AIRCRAFT OVER SCHOOL GROUNDS IS A
 CLASS B MISDEMEANOR, FOR A FIRST OFFENSE AND A CLASS A  MISDEMEANOR  FOR
 ANY SUBSEQUENT OFFENSE.
   § 2. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.

co-Sponsors

2023-S7723A - Details

See Assembly Version of this Bill:: A8176
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

                                 
BILL NUMBER: S7723A

SPONSOR: BRESLIN
 
TITLE OF BILL:

An act to amend the penal law, in relation to prohibiting the operation
of unmanned aircraft over school grounds or critical infrastructure

 
PURPOSE:

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

 
SUMMARY OF PROVISIONS:

Section 1 amends the penal code by adding a new section 270.45, which
makes it unlawful to operate an unmanned aircraft over school grounds or
critical infrastructure.

Section 1.1 defines relevant terms.

Section 1.2 establishes that a person commits an offense by operating an

unmanned aircraft over school grounds or critical infrastructure.

Section 1.3 establishes exceptions to the offense as defined in section
1.2 if the unmanned aircraft is operated by an official or designee of a
government or law enforcement agency, or if.the operator obtains written
permission from a school administrator or entity responsible for the
operation of the critical infrastructure facility.

Section 1.4 establishes that the offense under this section is a Class B
misdemeanor and defines an exception.

Section 2 sets the effective date.

 
JUSTIFICATION:

Under current law, there is no restriction on flying a drone or other
unmanned aircraft over school grounds. This lack of regulation puts the
safety and security of schoolchildren at risk. Drones can be equipped
with surveillance technology that, in the hands of bad actors, could be
used for nefarious purposes. In light of the tragic frequency of school
shootings, we must ensure that bad actors cannot exploit drone technolo-
gy to threaten the safety and security of New York schoolchildren.

There is also no restriction on flying a drone over power plants, petro-
sas, and Oregon, have prohibited the use of drones over critical infras-
tructure. This bill is necessary to prevent bad actors from exploiting
drones to compromise the state's energy supply and distribution.

This legislation makes it a Class B misdemeanor to operate a drone over
school grounds or critical infrastructure in New York, except in cases
where the operator has express written consent. This bill also makes
exceptions for legitimate unmanned aircraft use by governments, law
enforcement agencies, and their designees. Ensuring that unauthorized
individuals cannot fly drones above schools or critical infrastructure
is a common-sense security measure.

 
LEGISLATIVE HISTORY:
New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

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

 S. 7723--A                          2
 
   (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  INTAKE  STRUCTURE,  DRINKING WATER TREATMENT
 FACILITY, WASTEWATER TREATMENT PLANT, PRESSURE/FLOW REGULATING FACILITY,
 WATER STORAGE TANK, STANDPIPE, WATER SUPPLY RESERVOIR, PUMP STATION,  OR
 WELLFIELD.
   2.  A  PERSON  IS  GUILTY OF UNLAWFULLY OPERATING AN UNMANNED AIRCRAFT
 OVER SCHOOL GROUNDS OR CRITICAL INFRASTRUCTURE WHEN, THEY  INTENTIONALLY
 OR KNOWINGLY:
   (A)  OPERATE  AN  UNMANNED  AIRCRAFT  OVER  SCHOOL GROUNDS OR CRITICAL
 INFRASTRUCTURE 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 OR
 CRITICAL INFRASTRUCTURE, INCLUDING ANY PERSON OR OBJECT ON THE PREMISES;
   (C) ALLOW AN UNMANNED AIRCRAFT TO COME WITHIN  A  DISTANCE  OF  SCHOOL
 GROUNDS  OR  CRITICAL  INFRASTRUCTURE  THAT IS CLOSE ENOUGH TO INTERFERE
 WITH THE OPERATIONS OF OR CAUSE A DISTURBANCE  TO  THE  SCHOOL  ON  SUCH
 SCHOOL GROUNDS OR TO SUCH CRITICAL INFRASTRUCTURE.
   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;
   (B) A PERSON UNDER CONTRACT WITH OR OTHERWISE ACTING UNDER THE  DIREC-
 TION OR ON BEHALF OF THE FEDERAL GOVERNMENT, THIS STATE, OR GOVERNMENTAL
 ENTITY;
   (C) A PERSON WHO HAS THE PRIOR WRITTEN CONSENT OF:
   (I)  IN  THE  CASE  OF AN UNMANNED AIRCRAFT BEING OPERATED OVER SCHOOL
 GROUNDS, THE SCHOOL ADMINISTRATOR OF SUCH SCHOOL GROUNDS OR HIS  OR  HER
 DESIGNEE; OR
   (II)  IN THE CASE OF AN UNMANNED AIRCRAFT BEING OPERATED OVER CRITICAL
 INFRASTRUCTURE, THE ENTITY RESPONSIBLE FOR THE OPERATION OF  SUCH  CRIT-
 ICAL INFRASTRUCTURE;
   (D) A LAW ENFORCEMENT AGENCY; OR
   (E)  A PERSON UNDER CONTRACT WITH OR OTHERWISE ACTING UNDER THE DIREC-
 TION OR ON BEHALF OF A LAW ENFORCEMENT AGENCY.
   UNLAWFULLY OPERATING AN UNMANNED AIRCRAFT OVER SCHOOL GROUNDS OR CRIT-
 ICAL INFRASTRUCTURE IS A CLASS B MISDEMEANOR FOR A FIRST OFFENSE  AND  A
 CLASS A MISDEMEANOR FOR ANY SUBSEQUENT OFFENSE.
   § 2. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.

co-Sponsors

2023-S7723B (ACTIVE) - Details

See Assembly Version of this Bill:: A8176
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

                                 
BILL NUMBER: S7723B

SPONSOR: BRESLIN
 
TITLE OF BILL:

An act to amend the penal law, in relation to prohibiting the operation
of unmanned aircraft over school grounds or critical infrastructure

 
PURPOSE:

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

 
SUMMARY OF PROVISIONS:

Section 1 amends the penal code by adding a new section 270.45, which
makes it unlawful to operate an unmanned aircraft over school grounds or
critical infrastructure.

Section 1.1 defines relevant terms.

Section 1.2 establishes that a person commits an offense by operating an

unmanned aircraft over school grounds or critical infrastructure.

Section 1.3 establishes exceptions to the offense as defined in section
1.2 if the unmanned aircraft is operated by an official or designee of a
government or law enforcement agency, or if. the operator obtains writ-
ten permission from a school administrator or entity responsible for the
operation of the critical infrastructure facility.

Section 1.4 establishes that the offense under this section is a Class B
misdemeanor and defines an exception.

Section 2 sets the effective date.

 
JUSTIFICATION:

Under current law, there is no restriction on flying a drone or other
unmanned aircraft over school grounds. This lack of regulation puts the
safety and security of schoolchildren at risk. Drones can be equipped
with surveillance technology that, in the hands of bad actors, could be
used for nefarious purposes. In light of the tragic frequency of school
shootings, we must ensure that bad actors cannot exploit drone technolo-
gy to threaten the safety and security of New York schoolchildren.

There is also no restriction on flying a drone over power plants, petro-
leum. refineries, chemical storage facilities, ox other highly sensitive
facilities in New York. Recognizing the substantial security risks posed
by drones in this context, many other states, including Delaware, Arkan-
sas, and Oregon, have prohibited the use of drones over critical infras-
tructure. This bill is necessary to prevent bad actors from exploiting
drones to compromise the state's energy supply and distribution.

This legislation makes it a Class B misdemeanor to operate a drone over
school grounds or critical infrastructure in New York, except in cases
where the operator has express written consent. This bill also makes
exceptions for legitimate unmanned aircraft use by governments, law
enforcement agencies, and their designees. Ensuring that unauthorized

individuals cannot fly drones above schools or critical infrastructure
is a common-sense security measure.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

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

 S. 7723--B                          2
 
 restrict overflight by unmanned  aircraft  traversing  the  space  above
 school grounds or critical infrastructure.
   §  2.  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 SUCH 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;
   (IV) AN OIL OR GAS PIPELINE;
   (V) A PETROLEUM OR CHEMICAL STORAGE FACILITY; OR
   (VI) A DRINKING  WATER  INTAKE  STRUCTURE,  DRINKING  WATER  TREATMENT
 FACILITY, WASTEWATER TREATMENT PLANT, PRESSURE/FLOW REGULATING FACILITY,
 WATER  STORAGE TANK, STANDPIPE, WATER SUPPLY RESERVOIR, PUMP STATION, OR
 WELLFIELD.
   2. A PERSON IS GUILTY OF UNLAWFULLY  OPERATING  AN  UNMANNED  AIRCRAFT
 OVER  SCHOOL  GROUNDS OR CRITICAL INFRASTRUCTURE WHEN SUCH PERSON INTEN-
 TIONALLY OR KNOWINGLY:
   (A) OPERATES AN UNMANNED AIRCRAFT  OVER  SCHOOL  GROUNDS  OR  CRITICAL
 INFRASTRUCTURE  AND SUCH UNMANNED AIRCRAFT REMAINS ABOVE OR HOVERS ABOVE
 SUCH SCHOOL GROUNDS  OR  CRITICAL  INFRASTRUCTURE,  PROVIDED  THAT  SUCH
 UNMANNED AIRCRAFT IS NOT HIGHER THAN TWO HUNDRED FIFTY FEET ABOVE GROUND
 LEVEL; OR
   (B) ALLOWS AN UNMANNED AIRCRAFT TO MAKE CONTACT WITH SCHOOL GROUNDS OR
 CRITICAL  INFRASTRUCTURE, INCLUDING ANY PERSON OR OBJECT ON THE PREMISES
 OF SUCH SCHOOL GROUNDS OR CRITICAL INFRASTRUCTURE.
   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;
   (B)  A PERSON UNDER CONTRACT WITH OR OTHERWISE ACTING UNDER THE DIREC-
 TION OR ON BEHALF OF THE FEDERAL GOVERNMENT, THE  STATE,  OR  A  GOVERN-
 MENTAL ENTITY;
   (C) A PERSON WHO HAS THE PRIOR WRITTEN CONSENT OF:
   (I)  IN  THE  CASE  OF AN UNMANNED AIRCRAFT BEING OPERATED OVER SCHOOL
 GROUNDS, THE SCHOOL ADMINISTRATOR OF SUCH SCHOOL GROUNDS OR SUCH  SCHOOL
 ADMINISTRATOR'S DESIGNEE; OR
   (II)  IN THE CASE OF AN UNMANNED AIRCRAFT BEING OPERATED OVER CRITICAL
 INFRASTRUCTURE, THE ENTITY RESPONSIBLE FOR THE OPERATION OF  SUCH  CRIT-
 ICAL INFRASTRUCTURE;
   (D) A LAW ENFORCEMENT AGENCY;
 S. 7723--B                          3
 
   (E)  A PERSON UNDER CONTRACT WITH OR OTHERWISE ACTING UNDER THE DIREC-
 TION OR ON BEHALF OF A LAW ENFORCEMENT AGENCY; OR
   (F)  A  PERSON  WHO  OPERATES AN UNMANNED AIRCRAFT THAT TRAVERSES OVER
 SCHOOL GROUNDS OR CRITICAL INFRASTRUCTURE WHEN  SUCH  UNMANNED  AIRCRAFT
 IS:
   (I) AT LEAST TWO HUNDRED FIFTY FEET ABOVE SUCH SCHOOL GROUNDS OR CRIT-
 ICAL INFRASTRUCTURE; AND
   (II)  CONTINUOUSLY FLYING THROUGH AND IS NOT HOVERING OVER SUCH SCHOOL
 GROUNDS OR CRITICAL INFRASTRUCTURE.
   UNLAWFULLY OPERATING AN UNMANNED AIRCRAFT OVER SCHOOL GROUNDS OR CRIT-
 ICAL INFRASTRUCTURE IS A CLASS B MISDEMEANOR FOR A FIRST OFFENSE  AND  A
 CLASS A MISDEMEANOR FOR ANY SUBSEQUENT OFFENSE.
   § 3. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.

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Senate Bill S7723B

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Sponsored By

Neil D. Breslin

Current Bill Status - On Floor Calendar

Bill Amendments

co-Sponsors

James Skoufis

2023-S7723 - Details

2023-S7723 - Summary

2023-S7723 - Sponsor Memo

2023-S7723 - Bill Text download pdf

co-Sponsors

James Skoufis

2023-S7723A - Details

2023-S7723A - Summary

2023-S7723A - Sponsor Memo

2023-S7723A - Bill Text download pdf

co-Sponsors

James Skoufis

2023-S7723B (ACTIVE) - Details

2023-S7723B (ACTIVE) - Summary

2023-S7723B (ACTIVE) - Sponsor Memo

2023-S7723B (ACTIVE) - Bill Text download pdf

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