Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H3429 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 595 FILED ON: 1/13/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 3429
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	William M. Straus and Michael F. Rush
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act relative to unmanned aerial systems.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:William M. Straus10th Bristol1/13/2023Michael F. RushNorfolk and Suffolk1/13/2023 1 of 5
16	16	HOUSE DOCKET, NO. 595 FILED ON: 1/13/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 3429
18	18	By Representative Straus of Mattapoisett and Senator Rush, a joint petition (accompanied by
19	19	bill, House, No. 3429) of William M. Straus and Michael F. Rush relative to unmanned aerial
20	20	systems. Transportation.
21	21	[SIMILAR MATTER FILED IN PREVIOUS SESSION
22	22	SEE HOUSE, NO. 3609 OF 2021-2022.]
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Third General Court
26	26	(2023-2024)
27	27	_______________
28	28	An Act relative to unmanned aerial systems.
29	29	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
30	30	of the same, as follows:
31	31	1 SECTION 1. Chapter 90 of the General Laws, as appearing in the 2016 official edition, is
32	32	2hereby amended by adding the following section:-
33	33	3 “Section 63(a). As used in this section the following terms shall, unless the context
34	34	4clearly requires otherwise, have the following meanings:-
35	35	5 “Operate”, to pilot, fly, control, direct, or program the flight of an unmanned aircraft
36	36	6system.
37	37	7 “Unmanned Aircraft System” or “UAS”, an unmanned aerial vehicle and associated
38	38	8elements and support equipment required for the safe and efficient operation of the UAV,
39	39	9including but not limited to, communications links and components that control the UAV. 2 of 5
40	40	10 “Unmanned Aerial Vehicle”, “UAV”, or “drone”, a powered aerial vehicle that:
41	41	11 (a)Does not carry a human operator and is operated without the possibility of direct
42	42	12human intervention from within or on the aircraft;
43	43	13 (b)Uses aerodynamic forces to provide vehicle lift;
44	44	14 (c)Can fly autonomously or be piloted remotely;
45	45	15 (d)Can be expendable or recoverable; and
46	46	16 (e)Weighs less than 55lbs.
47	47	17 (b) No municipality shall enact or enforce any ordinance regulating the operation of
48	48	18UAVs and UASs except as otherwise authorized by regulation or guideline promulgated by the
49	49	19Federal Aviation Administration or the laws of this commonwealth.
50	50	20 (c) (1) No person shall operate or permit to be operated, any UAS or UAV in violation of
51	51	21any FAA rule or regulation within the commonwealth. Whoever violates the provisions of this
52	52	22paragraph shall be punished by a fine of not more than one-hundred dollars.
53	53	23 (2) A law enforcement officer who observes a violation of an FAA rule or regulation
54	54	24committed by an operator of a UAS or UAV may request the offender to state their true name
55	55	25and address. Whoever, upon such request, refuses to state their name and address or whoever
56	56	26states a false name and address, or a name and address not in the ordinary use shall be punished
57	57	27by a fine of not less than twenty dollars nor more than fifty dollars. An offender who refuses to
58	58	28state their true name and address may be arrested without a warrant for such refusal, but no
59	59	29person shall be arrested without a warrant for any other FAA rule or regulation violation
60	60	30committed while operating a UAS or UAV. 3 of 5
61	61	31 (d) (1) No person shall equip or operate a UAS or UAV armed with a weapon capable of
62	62	32causing serious bodily injury or death or is otherwise capable of firing or releasing a projectile
63	63	33designed to cause serious bodily injury or death. Persons convicted of unauthorized operation of
64	64	34a UAS or UAV under this paragraph shall be punished by a fine of not more than two-thousand
65	65	35dollars or by imprisonment in a house of correction for not more than one year or both. Federal,
66	66	36state, and municipal public safety explosive ordinance personnel are exempted from this
67	67	37provision for the limited purpose of use of UAS or UAV for the disposal of explosive ordinance.
68	68	38 (2) No person shall operate a UAS or UAV in a manner so as to interfere with or disrupt
69	69	39the flight of manned aircraft, or otherwise impede the normal course of operations of any
70	70	40international, regional, municipal, or general aviation airport. Persons convicted of unauthorized
71	71	41operation of a UAS or UAV under this paragraph shall be punished by a fine of not more than
72	72	42one-thousand five-hundred dollars or by imprisonment in a house of correction for not more than
73	73	43one year or both. Unauthorized operation of a UAS or UAV under this paragraph which results
74	74	44in damage to a manned aircraft in flight or causes said aircraft to crash shall be punished by a
75	75	45fine of not more than ten-thousand dollars or by imprisonment in a house of correction for not
76	76	46more than two and one-half years or both.
77	77	47 (3) No person shall knowingly or intentionally operate a UAS or UAV so as to interfere
78	78	48with or impede first responders or law enforcement actively responding to an emergency.
79	79	49Persons convicted of unauthorized operation of a UAS or UAV under this paragraph shall be
80	80	50punished by a fine of not more than one-thousand dollars, or by imprisonment in a house of
81	81	51correction for not more than six months, or both. 4 of 5
82	82	52 (e) No person shall operate a UAS or UAV for the purpose of conducting surveillance or
83	83	53observation of an individual, their private real property, or dwelling inclusive of the curtilage
84	84	54without said individual’s consent. Improper use of a UAS or UAV under this paragraph shall be
85	85	55deemed a violation of section 1B of chapter 214 of the General Laws. Notwithstanding the
86	86	56provisions of this subsection, use of UASs or UAVs by law enforcement for observational or
87	87	57surveillance purposes is permitted:
88	88	58 (i) if the law enforcement agency first obtains a search warrant authorizing the use of a
89	89	59UAS or UAV;
90	90	60 (ii) to counter the risk of a terrorist incident if the United States Secretary for Homeland
91	91	61Security or the Secretary of the Executive Office of Public Safety and Security determines
92	92	62credible intelligence exists indicating the risk of a terrorist incident;
93	93	63 (iii) if the law enforcement agency possesses reasonable suspicion under the
94	94	64circumstances that use of a UAS or UAV is necessary to prevent imminent danger to life, to
95	95	65conduct a pursuit of an escapee or suspect, or to facilitate a search for a missing person; or
96	96	66 (iv) to document a crime scene or crash scene for investigative, evidentiary, or crash
97	97	67reconstruction purposes.
98	98	68 (f)(1) Notwithstanding any general or special law or regulation to the contrary, a law
99	99	69enforcement agency in possession of images, footage, data, or recordings captured from the use
100	100	70of a UAS or UAV shall permanently erase or destroy or cause to be destroyed all images,
101	101	71footage, data, or recordings captured from a UAS or UAV not later than 120 days following the
102	102	72date on which the images, footage, data, or recordings were captured. 5 of 5
103	103	73 (2) The law enforcement agency may retain said UAS or UAV images, footage, data, or
104	104	74recordings beyond 120 days if such information contains evidence of a crime or is relevant to an
105	105	75ongoing investigation or judicial proceeding.
106	106	76 (g) If any part of this section is for any reason held to be unconstitutional, preempted, or
107	107	77invalid, such decision shall not affect the remainder of this section.