HB1580 (2020) Detail

(New Title) regulating the use of unmanned aircraft systems.


HB 1580-FN - AS AMENDED BY THE HOUSE

 

19Feb2020... 0582h

2020 SESSION

20-2228

04/05

 

HOUSE BILL 1580-FN

 

AN ACT regulating the use of unmanned aircraft systems.

 

SPONSORS: Rep. McGuire, Merr. 29; Rep. Schamberg, Merr. 4; Rep. Steven Smith, Sull. 11; Sen. Reagan, Dist 17

 

COMMITTEE: Executive Departments and Administration

 

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AMENDED ANALYSIS

 

This bill regulates the use of unmanned aircraft systems and establishes criminal penalties and for violations of the law.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

19Feb2020... 0582h

20-2228

04/05

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty

 

AN ACT regulating the use of unmanned aircraft systems.

 

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

 

1  New Paragraph; New Hampshire Aeronautics Act; Exceptions.  Amend RSA 422:22 by inserting after paragraph VI the following new paragraph:

VII.  The registration of an unmanned aircraft system as defined in RSA 422-D.

2  New Chapter; Unmanned Aircraft System.  Amend RSA by inserting after chapter 422-C the following new chapter:

CHAPTER 422-D

UNMANNED AIRCRAFT SYSTEM

422-D:1  Definitions.  In this chapter:

I.  “Critical infrastructure” means a county, city, or town jail or detention facility, police station or fire station; any prison, facility, or institution under the control of the department of corrections; and any additional structure designated by the Federal Aviation Administration as critical infrastructure.

II.  "Unmanned Aircraft System (UAS)" is one which:

(a)  Does not carry a human operator;

(b)  Uses aerodynamic forces to provide vehicle lift;

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

(d)  May be expandable or recoverable.

422-D:2  Unlawful Operation or Use of an Unmanned Aircraft System.

I.  A person shall be guilty of a violation for a first offense, or a misdemeanor for a second or subsequent offense, if such person operates a UAS which:

(a)  Is prohibited by a federal law or regulation that governs aeronautics, including Federal Aviation Administration regulations; or

(b)  Interferes with a law enforcement, firefighting, or other emergency response operation.

II.  A person shall be guilty of a misdemeanor if such person operates a UAS:

(a)  Without a warrant, except for emergency response for safety and/or law enforcement investigations, to intentionally conduct surveillance of, gather evidence or collect information about, or photographically or electronically record, specifically targeted persons or specifically targeted private property including, but not limited to, an individual or dwelling owned by an individual and such dwelling’s curtilage, without such individual’s written consent; or

(b)  To photograph or otherwise record an individual, without such individual’s consent, for the purpose of publishing or otherwise publicly disseminating such photograph or recording.

III.  A person shall be guilty of a class B felony if such person weaponizes a UAS or operates a weaponized UAS.

IV.  A person shall be guilty of a class A felony if such person weaponizes a UAS and discharges the weapon on the UAS.

422-D:3  Exceptions.  The prohibitions under RSA 422-D:2 shall not apply to:

I.  Images derived from lands owned by, or under the control of, the government entity that obtained such images, such as state parks and forests; or

II.  Incidental images of private property provided no personal information is obtained or retained by the person operating the UAS.

422-D:4  Critical Infrastructure Designation.  The department of transportation, bureau of aeronautics, shall apply to the Federal Aviation Administration to request the structures specified in RSA 422-D:1, I to be designated as critical infrastructure.

3  Breaches of the Peace; Violation of Privacy.  Amend RSA 644:9, IV to read as follows:

IV.  A person is guilty of a misdemeanor if such person knowingly enters any residential curtilage, as defined in RSA 627:9, I, or any other private place as defined in paragraph II of this section, without lawful authority and looks into the residential structure thereon or other private place with no legitimate purpose. Any person who violates this paragraph by using or operating an unmanned aircraft system as defined in RSA 422-D shall be guilty of a class A misdemeanor.

4  Effective Date.  This act shall take effect January 1, 2021.

 

LBAO

20-2228

Amended 2/24/20

 

HB 1580-FN- FISCAL NOTE

AS AMENDED BY THE HOUSE (AMENDMENT #2020-0582h)

 

AN ACT regulating the use of unmanned aircraft systems.

 

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

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2020

FY 2021

FY 2022

FY 2023

   Appropriation

$0

$0

$0

$0

   Revenue

$0

$0

$0

$0

   Expenditures

$0

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Funding Source:

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

 

 

 

 

 

COUNTY:

 

 

 

 

   Revenue

$0

$0

$0

$0

   Expenditures

$0

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

 

METHODOLOGY:

This bill establishes the regulation of drones and creates multiple violation and misdemeanor level offenses.  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 2021

FY 2022

Violation Level Offense

$52

$54

Class B Misdemeanor

$54

$56

Class A Misdemeanor

$77

$79

Simple Criminal Case

$300

$314

Appeals

Varies

Varies

It should be noted that average case cost estimates for FY 2021 and FY 2022 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.

Judicial Council

 

 

Public Defender Program

Has contract with State to provide services.

Has contract with State to provide services.

Contract Attorney – Misdemeanor

$300/Case

$300/Case

Assigned Counsel – Misdemeanor

$60/Hour up to $1,400

$60/Hour up to $1,400

It should be noted that a person needs to be found indigent and have the potential of being incarcerated to be eligible for indigent defense services. The majority of indigent cases (approximately 85%) are handled by the public defender program, with the remaining cases going to contract attorneys (14%) or assigned counsel (1%).

NH Association of Counties

 

 

County Prosecution Costs

Indeterminable

Indeterminable

Estimated Average Daily Cost of Incarcerating an Individual

$105 to $120

$105 to $120

 

Many offenses are prosecuted by local and county prosecutors.  When the Department of Justice has investigative and prosecutorial responsibility or is involved in an appeal, the Department would likely absorb the cost within its existing budget.  If the Department needs to prosecute significantly more cases or handle more appeals, then costs may increase by an indeterminable amount.  

 

The Department of Transportation expects no incremental expenditures as a result of this bill.

 

AGENCIES CONTACTED:

Department of Safety, Department of Transportation, Judicial Branch, Department of Justice, Judicial Council, and New Hampshire Association of Counties

 

Links

HB1580 at GenCourtMobile
HB1580 Discussion

Action Dates

Date Body Type
Jan. 21, 2020 House Hearing
Feb. 12, 2020 House Exec Session
Feb. 12, 2020 House Exec Session
House Floor Vote
Feb. 19, 2020 House Floor Vote
March 5, 2020 House Hearing
March 17, 2020 House Exec Session
March 17, 2020 House Hearing
March 18, 2020 House Exec Session
May 21, 2020 House Exec Session
May 21, 2020 House Exec Session

Bill Text Revisions

HB1580 Revision: 8178 Date: Feb. 26, 2020, 8:57 a.m.
HB1580 Revision: 7188 Date: Dec. 3, 2019, 11:50 a.m.

Docket

Date Status
Jan. 8, 2020 Introduced 01/08/2020 and referred to Executive Departments and Administration HJ 1 P. 27
Jan. 21, 2020 Public Hearing: 01/21/2020 02:30 pm LOB 306
Jan. 28, 2020 Subcommittee Work Session: 01/28/2020 03:00 pm LOB 306
Feb. 4, 2020 Subcommittee Work Session: 02/04/2020 02:45 pm LOB 306
Feb. 10, 2020 Subcommittee Work Session: 02/10/2020 10:00 am LOB 306
Feb. 12, 2020 Subcommittee Work Session: 02/12/2020 09:45 am LOB 306
Feb. 12, 2020 Executive Session: 02/12/2020 10:00 am LOB 306
Feb. 19, 2020 Majority Committee Report: Ought to Pass with Amendment # 2020-0582h (NT) for 02/19/2020 (Vote 14-6; RC) HC 7 P. 20
Majority Committee Report: Ought to Pass with Amendment # 2020-0582h (Vote 14-6; RC)
Minority Committee Report: Inexpedient to Legislate
Feb. 19, 2020 Amendment # 2020-0582h (NT): AA VV 02/19/2020 HJ 4 P. 54
Feb. 19, 2020 Ought to Pass with Amendment 2020-0582h (NT): MA RC 227-124 02/19/2020 HJ 4 P. 54
Feb. 19, 2020 Referred to Criminal Justice and Public Safety 02/19/2020 HJ 4 P. 54
March 5, 2020 Public Hearing: 03/05/2020 02:00 pm LOB 204
March 17, 2020 ==CANCELLED== Public Hearing: 03/17/2020 11:30 am LOB 204
March 17, 2020 ==CANCELLED== Executive Session: 03/17/2020 01:00 pm LOB 204
March 18, 2020 Executive Session: 03/18/2020 10:00 am LOB 204 (if necessary)
May 21, 2020 Full Committee Work Session: 05/21/2020 10:00 am Members of the public may attend using this link: https://www.zoom.us/j/96869508027
May 21, 2020 Executive Session: 05/21/2020 10:30 am Members of the public may attend using the following link: https://zoom.us/j/96869508027
Committee Report: Ought to Pass (Vote 17-3; RC) HC 23 P. 8