BILL REQ. #: H-2984.2
State of Washington | 63rd Legislature | 2014 Regular Session |
Prefiled 01/08/14. Read first time 01/13/14. Referred to Committee on Technology & Economic Development.
AN ACT Relating to unmanned aircraft; adding a new chapter to Title 14 RCW; prescribing penalties; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 The legislature finds that technological
developments in unmanned aircraft have expanded the vehicles' capacity
to be widely deployed in our state and in our communities. The
legislature further finds that the recreational use of certain small
unmanned aircraft is exempt from federal regulation under the federal
aviation administration modernization and reform act of 2012. The
potential for these small unmanned aircraft to be operated in close
proximity to human dwellings and activities presents opportunities for
widespread recreational use and enjoyment. At the same time, the
recreational use of unmanned aircraft increases the likelihood of
physical trespass onto private property and invasions of personal
privacy. The legislature intends to prohibit the unauthorized use of
unmanned aircraft in the airspace above private property.
NEW SECTION. Sec. 2 The definitions in this section apply
throughout this chapter unless the context clearly requires otherwise.
(1) "Person" includes any individual, corporation, partnership,
association, cooperative, limited liability company, trust, joint
venture, or any other legal or commercial entity and any successor,
representative, agent, agency, or instrumentality thereof.
(2) "Personal information" means any information that: (a)
Describes, locates, or indexes anything about an individual including,
but not limited to, his or her social security number, driver's license
number, agency-issued identification number, student identification
number, real or personal property holdings derived from tax returns,
and his or her education, financial transactions, medical history,
ancestry, religion, political ideology, or criminal or employment
record; or (b) affords a basis for inferring personal characteristics,
such as finger and voice prints, photographs, or things done by or to
such individual, and the record of his or her presence, registration,
or membership in an organization or activity, or admission to an
institution.
(3)(a) "Sensing device" means a device capable of acquiring
personal information from its surroundings through any means including,
but not limited to, cameras, thermal detectors, microphones, chemical
detectors, radiation gauges, and wireless receivers in any frequency.
(b) "Sensing device" does not include equipment whose sole function
is to provide information directly necessary for safe air navigation or
piloting of an unmanned aircraft.
(4) "Unmanned aircraft" means an aircraft that is operated without
physical human presence on board the aircraft and operated either:
(a) Pursuant to the exemption for recreational uses established in
the special rule for model aircraft of the federal aviation
administration modernization and reform act of 2012 (49 U.S.C. 40101
Sec. 336, "special rule for model aircraft"); or
(b) Without an experimental airworthiness certificate or other
authorization by the federal aviation administration.
(5) "Washington state airspace" means all airspace within the
territorial limits of this state that is within class G airspace,
outside of five statute miles from any airport, heliport, seaplane
base, spaceport, or other location with aviation activities, and not
otherwise classified as controlled by the federal aviation
administration.
NEW SECTION. Sec. 3 (1) Except as provided in section 4 of this
act, no person may operate in Washington state airspace an unmanned
aircraft that is equipped with a sensing device.
(2) A violation of this section is a gross misdemeanor.
NEW SECTION. Sec. 4 The prohibition under section 3 of this act
does not apply to the operation of an unmanned aircraft that is
equipped with a sensing device if the following conditions are met:
(1) The unmanned aircraft is clearly and conspicuously labeled with
the name and contact information of the aircraft's owner and operator;
and
(2) The unmanned aircraft is flown in Washington state airspace
above private property, and the landowner and any tenants who have a
right to occupy the property have consented to the operation after
having received actual notice that the aircraft is equipped with a
sensing device; or
(3) The unmanned aircraft is flown in the airspace above public
lands in a manner that does not unreasonably interfere with the rights
of others and the operation is not otherwise prohibited by law or rule.
NEW SECTION. Sec. 5 Any person operating an unmanned aircraft in
the airspace of this state is liable for all damages that state or
local government property may sustain as a result of illegal or
negligent operation of the unmanned aircraft. When the operator is not
the owner of the unmanned aircraft but is operating or moving it with
the express or implied permission of the owner, the owner and the
operator are jointly and severally liable for any damage. Damage to
any state or local government property may be recovered in a civil
action instituted in the name of the state of Washington by the
department of transportation or other affected government agency. Any
measure of damage determined by the state or local government to its
property under this section is prima facie the amount of damage caused
thereby and is presumed to be the amount recoverable in any civil
action therefor. The damages available under this section include the
incident response costs, including traffic control, incurred by the
department of transportation or other state or local agency.
NEW SECTION. Sec. 6 Nothing in this chapter may be construed to
limit a party's ability to bring an action, including an action for
damages, based on rights conferred by other state or federal law.
NEW SECTION. Sec. 7 Sections 1 through 6 of this act constitute
a new chapter in Title 14 RCW.
NEW SECTION. Sec. 8 This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the
state government and its existing public institutions, and takes effect
immediately.