Bill Text: NJ S797 | 2018-2019 | Regular Session | Introduced


Bill Title: Requires certain drones to contain geo-fencing technology; makes violation a fourth degree crime.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced) 2018-01-09 - Introduced in the Senate, Referred to Senate Law and Public Safety Committee [S797 Detail]

Download: New_Jersey-2018-S797-Introduced.html

SENATE, No. 797

STATE OF NEW JERSEY

218th LEGISLATURE

 

PRE-FILED FOR INTRODUCTION IN THE 2018 SESSION

 


 

Sponsored by:

Senator  RICHARD J. CODEY

District 27 (Essex and Morris)

Senator  NICHOLAS J. SACCO

District 32 (Bergen and Hudson)

 

Co-Sponsored by:

Senator Greenstein

 

 

 

 

SYNOPSIS

     Requires certain drones to contain geo-fencing technology; makes violation a fourth degree crime.

 

CURRENT VERSION OF TEXT

     Introduced Pending Technical Review by Legislative Counsel.

  


An Act concerning unmanned aerial vehicles and supplementing Title 2C of the New Jersey Statutes.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    a.  As used in this section:

     "Surveillance" means the act of monitoring, observing, photographing, or recording.

     "Unmanned aerial vehicle" means an aerial vehicle that uses aerodynamic forces to propel the vehicle and does not carry a human operator, and which is capable of flying autonomously or being piloted remotely and conducting surveillance as defined in this section.

     b.    Every unmanned aerial vehicle that is sold to or operated by a private individual or business entity in this State shall contain geo-fencing technology that prevents the unmanned aerial vehicle from operating above 500 feet and within two miles of an airport or protected airspace, including but not limited to, a stadium with a seating capacity of 30,000 or more people during a regular or post season Major League Baseball game, National Football League game, National Collegiate Athletic Association Division One football game, or a major motor speedway event. 

     The provisions of this section shall not apply to:

     (1)   members of a law enforcement agency; fire department; State, county, or municipal Office of Emergency Management; the Armed Forces of the United States; or the National Guard, while in the performance of official duties; or

     (2)   private individuals or business entities that have received authorization from the Federal Aviation Administration to operate an unmanned aerial vehicle pursuant to the "FAA Modernization and Reform Act of 2012," Pub.L.112-95, provided the operation of the unmanned aerial vehicle complies with any operating conditions or limitations imposed by the Federal Aviation Administration.

     c.     A person who sells or operates an unmanned aerial vehicle in violation of the provisions of subsection b. of this section shall be guilty of a crime of the fourth degree.

 

     2.    This act shall take effect immediately.

 

 

STATEMENT

 

     This bill requires certain unmanned aerial vehicles, commonly referred to as drones, to contain geo-fencing technology and makes a violation of this provision a fourth degree crime.

     Specifically, every drone that is sold to or operated by a private individual or business entity in this State is required to contain geo-fencing technology that prevents the drone from flying above 500 feet and within two miles of an airport or protected airspace. Protected airspace includes, but is not limited to, a stadium with a seating capacity of 30,000 or more people during a regular or post season Major League Baseball game, National Football League game, National Collegiate Athletic Association Division One football game, or a major motor speedway event.

     These provisions do not apply to: 1) members of a law enforcement agency; fire department; State, county, or municipal Office of Emergency Management; the Armed Forces of the United States; or the National Guard, while in the performance of official duties; or 2) private individuals or business entities that have received authorization from the Federal Aviation Administration (FAA) to operate a drone pursuant to the "FAA Modernization and Reform Act of 2012," provided the operation of the drone complies with any operating conditions or limitations imposed by the FAA.

     Geo-fencing is a feature in a software program that uses the global positioning system or radio frequency identification to define geographical boundaries. A geo-fence is a virtual barrier.

     This bill provides that a person who sells or operates a drone that does not contain the required geo-fencing technology is guilty of a fourth degree crime. A fourth degree crime is punishable by up to 18 months imprisonment, a fine of up to $10,000, or both.

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