Bill Text: MS HB1511 | 2019 | Regular Session | Introduced
Bill Title: Unmanned aircraft system; prohibit use of near correctional facilities.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Failed) 2019-02-05 - Died In Committee [HB1511 Detail]
Download: Mississippi-2019-HB1511-Introduced.html
MISSISSIPPI LEGISLATURE
2019 Regular Session
To: Corrections
By: Representatives Kinkade, Hale
House Bill 1511
AN ACT TO PROVIDE THAT IT SHALL BE UNLAWFUL FOR A PERSON TO USE AN UNMANNED AIRCRAFT SYSTEM TO CONDUCT SURVEILLANCE OF, GATHER EVIDENCE OR COLLECT INFORMATION ABOUT, OR PHOTOGRAPHICALLY OR ELECTRONICALLY RECORD A CORRECTIONAL FACILITY; TO DEFINE THE TERM "UNMANNED AIRCRAFT SYSTEM"; TO PROVIDE CERTAIN GRADUATED PENALTIES FOR THE UNLAWFUL USE OF AN UNMANNED AIRCRAFT SYSTEM AS PROVIDED UNDER THIS ACT; TO REQUIRE THE DEPARTMENT OF TRANSPORTATION TO PETITION THE FEDERAL AVIATION ADMINISTRATION (FAA) IN ORDER TO MARK CERTAIN BOUNDARIES AS THEY RELATE TO THE ENFORCEMENT OF THIS ACT; TO REQUIRE THE DEPARTMENT OF CORRECTIONS TO PROVIDE THE DEPARTMENT OF TRANSPORTATION A LIST OF ALL CORRECTIONAL FACILITIES UNDER CERTAIN CIRCUMSTANCES; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. As used under this act "unmanned aircraft system" means an unmanned, powered aircraft that does not carry a human operator, can be autonomous or remotely piloted or operated, and can be expendable or recoverable.
An unmanned aircraft system does not include any of the following: an unmanned aircraft system used by a person, affiliate, employee, agent, or contractor of any business which is regulated by the Mississippi Public Service Commission or by a local franchising authority or the Federal Communications Commission under the Cable Television Consumer Protection and Competition Act of 1992 or of a municipal or public utility, while acting in the course and scope of his employment or agency relating to the operation, repair, or maintenance of a facility, servitude, or any property located on the immovable property which belongs to such a business.
SECTION 2. The unlawful use of an unmanned aircraft system is as follows:
(a) The intentional use of an unmanned aircraft system to conduct surveillance of, gather evidence or collect information about, or photographically or electronically record a targeted correctional facility without the prior written consent of the person in charge of that state or local jail, prison, or other correctional facility.
(b) The intentional use of an unmanned aircraft system over the grounds of a state or local jail, prison, or other correctional facility that incarcerates or detains juveniles or adults accused of, convicted of, sentenced for, or adjudicated delinquent for violations of criminal law without the express written consent of the person in charge of that state or local jail, prison, or other correctional facility.
SECTION 3. This act shall not apply to the following:
(a) Any person operating an unmanned aircraft vehicle or unmanned aircraft system in compliance with federal law or Federal Aviation Administration authorization or regulations with written consent from the official in responsible charge of the facility.
(b) The operation of an unmanned aircraft by institutions of higher education conducting research, extension and teaching programs in association with university sanctioned initiatives.
(c) A law enforcement officer using an unmanned aircraft system.
(d) A public utility, a provider, or a commercial entity, provided that the public utility, provider, or commercial entity complies with all of the following:
(i) Notifies the official in responsible charge of the facility at least twenty-four (24) hours prior to operating the unmanned aircraft system. A commercial entity operating and pursuant to the provisions of this subdivision is exempt from the twenty-four-hour notice requirement.
(ii) Uses the unmanned aircraft system for the purpose of inspecting public utility or provider transmission lines, equipment, or communication infrastructure or for another purpose directly related to the business of the public utility, provider, or commercial entity.
(iii) Uses the unmanned aircraft system for commercial purposes pursuant to and in compliance with Federal Aviation Administration regulations, authorizations, or exemptions.
(iv) The person operating the unmanned aircraft
system does not physically enter the prohibited space without an escort from the facility.
(e) An emergency management agency, emergency medical services personnel, firefighters, and law enforcement officers, when using an unmanned aircraft system in response to an emergency.
SECTION 4. (1) Whoever commits the crime of unlawful use of an unmanned aircraft system as provided in Section 2(a) of this act shall be fined not more than Five Hundred Dollars ($500.00), or imprisoned for not more than six (6) months, or both.
(2) On a conviction for a second or subsequent offense as provided in Section 2(a) of this act, the offender shall be fined not less than Five Hundred Dollars ($500.00) nor more than Two Thousand Dollars ($2,000.00), or imprisoned, with or without hard labor, for not less than six (6) months nor more than one (1) year, or both.
(3) Whoever commits the crime of unlawful use of an unmanned aircraft system as provided in Section 2(b) of this act shall be fined not more than Five Hundred Dollars ($500.00), or imprisoned for not more than six (6) months, or both.
(4) On a conviction for a second or subsequent offense as provided in Section 2(b) of this act, the offender shall be fined not less than Five Hundred Dollars ($500.00) nor more than Two Thousand Dollars ($2,000.00), or imprisoned, with or without hard labor, for not less than six (6) months nor more than one (1) year, or both.
(5) A law enforcement agency may seize an unmanned aircraft system and any attached property, weapons, and contraband used in violation of this section. An unmanned aircraft system used in violation of this section and seized by a law enforcement agency is subject to forfeiture and disposition. An innocent owner or holder of a security interest applying to the court for release of the unmanned aircraft system shall also provide proof of ownership or security interest and written certification that the unmanned aircraft system will not be returned to the person who was charged with violating any provision of Section 2 of this act. The court shall forfeit and dispose of any other property, weapons, or contraband seized by a law enforcement agency in connection with a violation of this act, or any combination thereof.
SECTION 5. The Department of Transportation shall petition the Federal Aviation Administration (FAA) to designate any local confinement facility, or state or federal correctional facility in the state as a fixed site facility, pursuant to rules and regulations adopted pursuant to Section 2209 of the FAA Extension, Safety, and Security Act of 2016, Public Law No. 114-190. The Department of Transportation shall follow all guidance from the FAA in submitting and processing the petition. The Department of Transportation shall publish designations by the FAA in accordance with this act on the website of the Department of Transportation. At the request of the Department of Transportation, the Department of Corrections shall provide to the Department of Transportation a list of all confinement facilities, including facility location and a contact person for each facility.
SECTION 6. The Department of Transportation shall develop guidelines for the content and dimensions for posted notices to mark boundaries in accordance with this act.
SECTION 7. This act shall take effect and be in force from and after July 1, 2019.
