HB205 (2017) Detail

Relative to flying a drone above a correctional facility.


HB 205-FN - AS INTRODUCED

 

 

2017 SESSION

17-0070

04/01

 

HOUSE BILL 205-FN

 

AN ACT relative to flying a drone above a correctional facility.

 

SPONSORS: Rep. Cushing, Rock. 21; Rep. Fields, Belk. 4; Rep. Welch, Rock. 13; Rep. Pantelakos, Rock. 25; Rep. Berube, Straf. 18; Rep. Mangipudi, Hills. 35

 

COMMITTEE: Criminal Justice and Public Safety

 

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ANALYSIS

 

This bill prohibits, with certain exceptions, a person from flying a drone above a state or county correctional facility or a municipal jail.

 

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

17-0070

04/01

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Seventeen

 

AN ACT relative to flying a drone above a correctional facility.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  New Section; Breaches of the Peace; Flying a Drone Above a Correctional Facility.  Amend RSA 644 by inserting after section 21 the following new section:

644:22  Flying a Drone Above a Correctional Facility.

I.  Except as otherwise provided in this section, no person shall fly a drone in the airspace above a state or county correctional facility or a municipal jail.  Any person who violates this section shall be guilty of a class A misdemeanor.  

II.(a)  State, county, or municipal correctional authorities may fly a drone above a correctional facility over which they have control for security purposes.

(b)  State, county, or municipal correctional authorities may authorize a request by a person to fly a drone above a correctional facility over which they have control, provided the person:

(1)  Requests permission from the appropriate correctional authority;

(2)  Is authorized by the Federal Aviation Administration to operate a drone for commercial purposes; and

(3)  Operates the drone in a manner that complies with the authorization.

III.  In this section:

(a)  "Airspace" means the space above the ground on which a state or county correctional facility or municipal jail is sited.

(b)  "Drone" means a powered, aerial vehicle, excluding a geosynchronous satellite, that:

(1)  Does not carry a human operator;

(2)  Uses aerodynamic forces to provide vehicle lift;

(3)  Can fly autonomously or be piloted remotely; and

(4)  May be expendable or recoverable.

(c)  "Person" means an individual, corporation, organization, and for-profit or not-for-profit entities.

2  Effective Date.  This act shall take effect January 1, 2018.

 

LBAO

17-0070

Revised 1/11/17

 

HB 205-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT relative to flying a drone above a correctional facility.

 

FISCAL IMPACT:      [ X ] State              [ X ] County               [    ] Local              [    ] None

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2018

FY 2019

FY 2020

FY 2021

   Appropriation

$0

$0

$0

$0

   Revenue

Indeterminable

Indeterminable

Indeterminable

Indeterminable

   Expenditures

Indeterminable

Indeterminable

Indeterminable

Indeterminable

Funding Source:

  [ X ] General            [    ] Education            [    ] Highway           [    ] Other

 

 

 

 

 

COUNTY:

 

 

 

 

   Revenue

Indeterminable

Indeterminable

Indeterminable

Indeterminable

   Expenditures

Indeterminable

Indeterminable

Indeterminable

Indeterminable

 

 

 

 

 

METHODOLOGY:

This bill prohibits one from flying a drone above a state or county correctional facility or municipal jail.  This bill contains a penalty that may have an impact on the New Hampshire judicial and correctional systems.  There is no method to determine how many charges would be brought as a result of the changes contained in this bill to determine the fiscal impact on expenditures. However, the entities impacted have provided the potential costs associated with these penalties below.

 

Judicial Branch

FY 2018

FY 2019

Class A Misdemeanor

$71

$72

Appeals

Varies

Varies

It should be noted average case cost estimates for FY 2018 and FY 2019 are based on data that is more than ten years old and does not reflect changes to the courts over that same period of time or the impact these changes may have on processing the various case types.  An unspecified misdemeanor can be either class A or class B, with the presumption being a class B misdemeanor.

NH Association of Counties

FY 2018

FY 2019

County Prosecution Costs

Indeterminable

Indeterminable

Estimated Average Daily Cost of Incarcerating an Individual

$85 to $110

$85 to $110

 

The Judicial Council and Departments of Justice and Corrections state this bill will have no significant fiscal impact on their respective operations.  The New Hampshire Municipal Association cannot identify any impact on local revenue or expenditures.

 

AGENCIES CONTACTED:

The Judicial Branch, Departments of Corrections and Justice, Judicial Council, New Hampshire Association of Counties, and New Hampshire Municipal Association.

 

 

Links

HB205 at GenCourtMobile

Action Dates

Date Body Type
Jan. 25, 2017 House Hearing
Feb. 8, 2017 House Exec Session
March 8, 2017 House Floor Vote

Bill Text Revisions

HB205 Revision: 714 Date: Jan. 30, 2017, 12:14 p.m.

Docket

Date Status
Jan. 4, 2017 Introduced 01/04/2017 and referred to Criminal Justice and Public Safety HJ 2 P. 20
Jan. 25, 2017 Public Hearing: 01/25/2017 02:30 PM LOB 204
Feb. 8, 2017 Executive Session: 02/08/2017 10:00 AM LOB 204
March 8, 2017 Majority Committee Report: Ought to Pass with Amendment # 2017-0154h for 03/08/2017 (Vote 15-4; RC)
Minority Committee Report: Inexpedient to Legislate
March 8, 2017 Lay on Table (Rep. Welch): MA VV 03/08/2017 HJ 9 P. 66
Died on Table