HB12

SECTION 1. The legislature finds that the rapid growth, and widespread and unregulated use of Unmanned Aircraft Systems (UAS) has created a potential risk to people and property in Hawaii. In creating the FAA 2018 Reauthorization Act, P.L. 115-254, Congress has recognized safety and other concerns, including privacy protection, unauthorized operation, illegal use over wildfires, use in law enforcement, electronic self-identification of UAS, and stiff penalties for interfering with public safety. Congress has directed the Federal Aviation Administration (FAA) and Department of Transportation Inspector General to assess and report on these issues, in order to develop guidance for Compliance Best Practices at a national level.

While federal action will establish uniform regulation of these issues and preempt the need for equivalent state or local UAS registration and operating law, the purpose of this Act is to create laws in Hawaii to enable state law enforcement to protect the public's well-being and peace of mind from unauthorized use of unmanned aircraft operators as deadly weapons or a hazard to the public health.

SECTION 2. Section 711-1100, Hawaii Revised Statutes, is amended by adding four new definitions to be appropriately designated and to read as follows:

""Aircraft" shall have the same meaning as in section 261-1.

"Public unmanned aircraft system" means an unmanned aircraft system that meets the qualifications and conditions required for operation of a public aircraft as defined in title 49 United States Code section 40102(a)(41).

"Unmanned aircraft" means an aircraft that is operated without the possibility of direct human intervention from within or on the aircraft.

"Unmanned aircraft system" means an unmanned aircraft and associated elements, including communication links and the components that control the unmanned aircraft, that are required for the pilot in command to operate safely and efficiently in the national airspace system."

SECTION 3. Chapter 711, Hawaii Revised Statutes, is amended by adding four new sections to be appropriately designated and to read as follows:

"§711- Unauthorized use of unmanned aircraft system in the first degree. (1) A person commits the offense of unauthorized use of unmanned aircraft system in the first degree if the person intentionally or knowingly:

(a) Equips, alters, or attaches an unmanned aircraft with a dangerous or deadly weapon or deploys an unmanned aircraft that is equipped with a dangerous or deadly weapon; or

(b) Operates an unmanned aircraft with the intent to use the unmanned aircraft or anything attached to it to cause harm to a person or property.

(2) For purposes of this section "dangerous or deadly weapon" shall have the same meaning as in section 134-51.

(3) Unauthorized use of unmanned aircraft system in the first degree is a misdemeanor.

§711- Unauthorized use of unmanned aircraft system in the second degree. (1) A person commits the offense of unauthorized use of unmanned aircraft system in the second degree if the person intentionally or knowingly:

(a) Operates an unmanned aircraft in a manner that creates a hazardous or physically offensive condition;

(b) Operates an unmanned aircraft in violation of any other state law; or

(2) Unauthorized use of unmanned aircraft in the second degree is a petty misdemeanor.

§711- Unauthorized use of unmanned aircraft system in the third degree. (1) A person commits the offense of unauthorized use of unmanned aircraft system in the third degree if the person recklessly operates an unmanned aircraft. In any proceeding charging reckless operation of an unmanned aircraft system, the court in determining whether the operation was reckless shall consider the standards for safe operation of an unmanned aircraft prescribed in federal statutes or regulations governing the use of unmanned aircraft systems.

(2) Unauthorized use of unmanned aircraft system in the third degree is a petty misdemeanor if the defendant persists after reasonable warning or request to desist. Otherwise unauthorized use of unmanned aircraft in the third degree is a violation.

§711- Compliance with applicable federal law. (1) All unmanned aircraft systems operating in this State must comply with requirements for operation set forth in title 14 Code of Federal Regulations section 107 and P.L. 115-254.

(2) Nothing in this section shall be considered as preempting any current or future federal legislation or regulation regarding the use of unmanned aircraft vehicles. Any portion of this section found in conflict with federal law shall be considered preempted."

SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 5. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

SECTION 6. New statutory material is underscored. SECTION 7. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	12
THIRTIETH LEGISLATURE, 2019
STATE OF HAWAII