SB 460-FN - AS AMENDED BY THE HOUSE
03/07/2024 0821s
2May2024... 1400h
2024 SESSION
24-3008
11/10
SENATE BILL 460-FN
AN ACT establishing the crime of and penalties for unlawful use of unmanned aircraft systems.
SPONSORS: Sen. Carson, Dist 14; Sen. Watters, Dist 4; Sen. Gannon, Dist 23; Rep. Rhodes, Ches. 17
COMMITTEE: Judiciary
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ANALYSIS
This bill establishes the crime of and penalties for unlawful use of small unmanned aircraft systems (drones).
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03/07/2024 0821s
2May2024... 1400h 24-3008
11/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Four
AN ACT establishing the crime of and penalties for unlawful use of unmanned aircraft systems.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Unlawful Operation or Use of Unmanned Aircraft Systems. Amend RSA 644 by inserting after section 644:22 the following new section:
644:23 Unlawful Operation or Use of Small Unmanned Aircraft.
I. A person is guilty of a violation for a first offense, and a misdemeanor for a second or subsequent offense, if such person operates a small UAS in violation of laws and regulations of the Federal Aviation Administration (FAA), including but not limited to 14 CFR Part 107.
II. A person is guilty of:
(a) A class A misdemeanor if such person negligently operates a small UAS in a manner so as to interfere with or disrupt the flight of a human-occupied aircraft, or otherwise impede the normal course of operations of any international, regional, municipal, or general aviation airport.
(b) A class B felony if such operation results in damage to a human-occupied aircraft in flight.
(c) A class A felony if such operation causes said aircraft to crash and such crash results in death or serious bodily injury.
III. A person is guilty of a misdemeanor if such a person operates a small UAS in FAA-restricted airspace over the property of a federal or state correctional, penal, or detention facility, and a class B felony if such operation is done with the purpose of delivering contraband into the facility or to aid in the escape of a prisoner.
IV. A person is guilty of a class B felony if such person is knowingly in possession of or operates a small UAS equipped with a device capable of causing serious bodily injury, death, or property damage or is otherwise capable of firing or releasing a projectile. Federal, state, and municipal public safety bomb squad personnel are exempted from this provision for the limited purpose of use of a small UAS for the disposal of explosives, bombs, and hazardous devices. Law enforcement's use of a small UAS to deploy distraction or disorientation devices is exempt from this provision.
V. This provision shall not apply to any law enforcement officer pursuant to their lawful authority.
2 New Paragraph; Prohibitions; Unlawful Operation or Use of Unmanned Aircraft Systems. Amend RSA 422:28 by inserting after paragraph XIV the following new paragraph:
XV. For any person to operate or use an unmanned aircraft system in violation of RSA 644:23.
3 New Paragraph; Penalties; Unlawful Operation or Use of Unmanned Aircraft Systems. Amend RSA 422:29 by inserting after paragraph IX the following new paragraph:
X. The penalties for a violation of RSA 422:28, XV are those provided in RSA 644:23.
4 Effective Date. This act shall take effect January 1, 2025.
24-3008
Amended 5/6/24
SB 460-FN- FISCAL NOTE
AS AMENDED BY THE HOUSE (AMENDMENT #2024-1400h)
AN ACT establishing the crime of and penalties for unlawful use of unmanned aircraft systems.
FISCAL IMPACT: [ X ] State [ X ] County [ X ] Local [ ] None
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Estimated State Impact - Increase / (Decrease) | ||||||
| FY 2024 | FY 2025 | FY 2026 | FY 2027 | ||
Revenue | $0 | $0 | $0 | $0 | ||
Revenue Fund | None | |||||
Expenditures | Indeterminable | |||||
Funding Source | General Fund | |||||
Appropriations | $0 | $0 | $0 | $0 | ||
Funding Source | None | |||||
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Estimated Political Subdivision Impact - Increase / (Decrease) | ||||||
| FY 2024 | FY 2025 | FY 2026 | FY 2027 | ||
County Revenue | $0 | $0 | $0 | $0 | ||
County Expenditures | Indeterminable | |||||
Local Revenue | $0 | $0 | $0 | $0 | ||
Local Expenditures | Indeterminable | |||||
METHODOLOGY:
This bill adds, deletes, or modifies a criminal penalty, or changes statute to which there is a penalty for violation. Therefore, this bill may have an impact on the judicial and correctional systems, which could affect prosecution, incarceration, probation, and parole costs, for the state, as well as county and local governments. A summary of such costs can be found at: https://gencourt.state.nh.us/lba/Budget/Fiscal_Notes/JudicialCorrectionalCosts.pdf
AGENCIES CONTACTED:
Judicial Branch, Judicial Council, Department of Justice, Department of Corrections, New Hampshire Association of Counties, and New Hampshire Municipal Association
| Date | Amendment |
|---|---|
| Feb. 22, 2024 | 2024-0821s |
| April 11, 2024 | 2024-1400h |
| Date | Body | Type |
|---|---|---|
| Jan. 30, 2024 | Senate | Hearing |
| March 7, 2024 | Senate | Floor Vote |
| March 29, 2024 | House | Hearing |
| April 3, 2024 | House | Exec Session |
| April 3, 2024 | House | Exec Session |
| April 10, 2024 | House | Floor Vote |
May 30, 2024: House Refuses to Accede to Senate Request for CofC (Rep. Rhodes): MA VV 05/30/2024 HJ 15 P. 28
May 30, 2024: President Appoints: Senators Carson, Abbas, Chandley; 05/30/2024; SJ 16
May 30, 2024: Sen. Carson Moved Nonconcur with the House Amendment; Requests C of C, MA, VV; 05/30/2024; SJ 16
May 2, 2024: Ought to Pass with Amendment 2024-1400h: MA VV 05/02/2024 HJ 12 P. 6
May 2, 2024: Amendment # 2024-1400h: AA VV 05/02/2024 HJ 12 P. 6
April 12, 2024: Committee Report: Ought to Pass with Amendment # 2024-1400h 04/10/2024 (Vote 19-0; CC) HC 17 P. 5
April 5, 2024: Executive Session: 04/03/2024 01:00 pm LOB 202-204
March 26, 2024: ==CANCELLED== Executive Session: 04/03/2024 01:00 pm LOB 202-204
March 21, 2024: Public Hearing: 03/29/2024 11:30 am LOB 202-204
March 12, 2024: Introduced 03/07/2024 and referred to Criminal Justice and Public Safety HJ 7 P. 110
March 7, 2024: Ought to Pass with Amendment 2024-0821s, MA, VV; OT3rdg; 03/07/2024; SJ 6
March 7, 2024: Committee Amendment # 2024-0821s, AA, VV; 03/07/2024; SJ 6
Feb. 22, 2024: Committee Report: Ought to Pass with Amendment # 2024-0821s, 03/07/2024; Vote 5-0; CC; SC 9
Jan. 24, 2024: Hearing: 01/30/2024, Room 100, SH, 01:30 pm; SC 5
Dec. 12, 2023: To Be Introduced 01/03/2024 and Referred to Judiciary; SJ 1