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2 | 2 | | SENATE DOCKET, NO. 2571 FILED ON: 1/17/2025 |
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3 | 3 | | SENATE . . . . . . . . . . . . . . No. 2454 |
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4 | 4 | | The Commonwealth of Massachusetts |
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5 | 5 | | _________________ |
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6 | 6 | | PRESENTED BY: |
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7 | 7 | | John C. Velis |
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8 | 8 | | _________________ |
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9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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10 | 10 | | Court assembled: |
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11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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12 | 12 | | An Act relative to unmanned aerial vehicles in the commonwealth. |
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13 | 13 | | _______________ |
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14 | 14 | | PETITION OF: |
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15 | 15 | | NAME:DISTRICT/ADDRESS :John C. VelisHampden and Hampshire 1 of 4 |
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16 | 16 | | SENATE DOCKET, NO. 2571 FILED ON: 1/17/2025 |
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17 | 17 | | SENATE . . . . . . . . . . . . . . No. 2454 |
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18 | 18 | | By Mr. Velis, a petition (accompanied by bill, Senate, No. 2454) of John C. Velis for legislation |
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19 | 19 | | relative to unmanned aerial vehicles in the Commonwealth. Transportation. |
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20 | 20 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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21 | 21 | | SEE SENATE, NO. 2308 OF 2023-2024.] |
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22 | 22 | | The Commonwealth of Massachusetts |
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23 | 23 | | _______________ |
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24 | 24 | | In the One Hundred and Ninety-Fourth General Court |
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25 | 25 | | (2025-2026) |
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26 | 26 | | _______________ |
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27 | 27 | | An Act relative to unmanned aerial vehicles in the commonwealth. |
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28 | 28 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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29 | 29 | | of the same, as follows: |
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30 | 30 | | 1 Chapter 90 of the General Laws, as so appearing in the 2022 official edition, is hereby |
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31 | 31 | | 2amended by inserting after section 63 the following new section:- |
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32 | 32 | | 3 Section 64. (a) As used in this section the following words shall have the following |
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33 | 33 | | 4meanings, unless the context clearly requires otherwise:- |
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34 | 34 | | 5 “Critical facility”, any of the following: (1) a critical infrastructure facility as defined in |
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35 | 35 | | 6section 369 of the federal aviation administration extension, safety and security act of 2016 and |
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36 | 36 | | 7the federal aviation administration reauthorization act of 2018; (2) a commercial distribution |
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37 | 37 | | 8center; (3) a federal, state, county, or municipal court; (4) a police station, sheriff's office, state |
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38 | 38 | | 9highway patrol station, or premises controlled by the bureau of criminal identification and |
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39 | 39 | | 10investigation; (5) a federal, state, county, or municipal jail or prison or any other facility in which 2 of 4 |
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40 | 40 | | 11persons are incarcerated; (6) a federal or state military installation or facility; or (7) a hospital |
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41 | 41 | | 12that receives air ambulance services. |
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42 | 42 | | 13 “Operate”, to pilot, fly, control, direct, or program the flight of an unmanned aircraft or |
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43 | 43 | | 14unmanned aircraft system. |
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44 | 44 | | 15 “Unmanned aircraft”, an aircraft that is operated without the possibility of direct human |
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45 | 45 | | 16intervention from within or on the aircraft. |
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46 | 46 | | 17 “Unmanned aircraft system”, an unmanned aircraft and associated elements (including |
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47 | 47 | | 18communication links and the components that control the unmanned aircraft) that are required |
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48 | 48 | | 19for the operator to operate safely and efficiently in the national airspace system. |
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49 | 49 | | 20 (b)(1) Except as provided in subsection (b)(2) of this section, no person shall operate an |
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50 | 50 | | 21unmanned aircraft or unmanned aircraft system in the air space over this state if the operation is |
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51 | 51 | | 22prohibited by either federal law or federal regulations, including any federal aviation |
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52 | 52 | | 23administration regulations. |
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53 | 53 | | 24 (2) Subsection (b)(1) of this section does not apply to a person authorized by the federal |
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54 | 54 | | 25aviation administration to operate an unmanned aircraft or unmanned aircraft system in a manner |
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55 | 55 | | 26that otherwise violates the federal law or regulations, provided that person's operation of the |
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56 | 56 | | 27unmanned aircraft or unmanned aircraft system complies with the terms of the administration's |
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57 | 57 | | 28authorization. |
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58 | 58 | | 29 (3) A law enforcement officer who observes a violation of an FAA rule or regulation |
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59 | 59 | | 30committed by an operator of an unmanned aircraft or unmanned aircraft system may order the |
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60 | 60 | | 31offender to state their true name and address and to immediately cease the use of said unmanned 3 of 4 |
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61 | 61 | | 32aircraft or unmanned aircraft system. Whoever, upon such order, refuses to state their name and |
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62 | 62 | | 33address or whoever states a false name and address, or a name and address not in the ordinary |
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63 | 63 | | 34use shall be punished by a fine of not less than twenty dollars nor more than fifty dollars. An |
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64 | 64 | | 35offender who refuses to state their true name and address may be arrested without a warrant for |
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65 | 65 | | 36such refusal, but no person shall be arrested without a warrant for any other FAA rule or |
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66 | 66 | | 37regulation violation committed while operating an unmanned aircraft or unmanned aircraft |
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67 | 67 | | 38system. |
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68 | 68 | | 39 (c) (1) No person shall equip or operate an unmanned aircraft or unmanned aircraft |
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69 | 69 | | 40system armed with a weapon capable of causing serious bodily injury or death or is otherwise |
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70 | 70 | | 41capable of firing or releasing a projectile designed to cause serious bodily injury or death. |
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71 | 71 | | 42Persons convicted of unauthorized operation of an unmanned aircraft or unmanned aircraft |
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72 | 72 | | 43system under this paragraph shall be punished by a fine of not more than two-thousand dollars or |
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73 | 73 | | 44by imprisonment in a house of correction for not more than one year or both. Federal, state, and |
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74 | 74 | | 45municipal public safety explosive ordinance personnel are exempted from this provision for the |
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75 | 75 | | 46limited purpose of use of an unmanned aircraft or unmanned aircraft system for the disposal of |
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76 | 76 | | 47explosive ordinance. |
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77 | 77 | | 48 (2) No person shall operate an unmanned aircraft or unmanned aircraft system in a |
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78 | 78 | | 49manner so as to interfere with or disrupt the flight of manned aircraft, or otherwise impede the |
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79 | 79 | | 50normal course of operations of any international, regional, municipal, or general aviation airport. |
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80 | 80 | | 51Persons convicted of unauthorized operation of an unmanned aircraft or unmanned aircraft |
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81 | 81 | | 52system under this paragraph shall be punished by a fine of not more than one-thousand five- |
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82 | 82 | | 53hundred dollars or by imprisonment in a house of correction for not more than one year or both. |
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83 | 83 | | 54Unauthorized operation of an unmanned aircraft or unmanned aircraft system under this 4 of 4 |
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84 | 84 | | 55paragraph which results in damage to a manned aircraft in flight or causes said aircraft to crash |
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85 | 85 | | 56shall be punished by a fine of not more than ten-thousand dollars or by imprisonment in a house |
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86 | 86 | | 57of correction for not more than two and one-half years or both. |
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87 | 87 | | 58 (d) No person shall operate an unmanned aircraft or unmanned aircraft system in a |
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88 | 88 | | 59manner that disrupts, interrupts, or impairs the operations or activities conducted by law |
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89 | 89 | | 60enforcement personnel, fire department personnel, or emergency medical services personnel |
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90 | 90 | | 61while such personnel is on duty. |
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91 | 91 | | 62 (e)(1) No person shall operate an unmanned aircraft or unmanned aircraft system to |
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92 | 92 | | 63photograph, record, or loiter over or near a critical facility with purpose to further another |
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93 | 93 | | 64criminal offense, the elements of which involve causing physical harm to another person or |
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94 | 94 | | 65causing another person to believe that the offender will cause physical harm to that person. |
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