HB205: 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

ANALYSIS

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

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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