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.