THIRTY-SECOND LEGISLATURE, 2023
STATE OF HAWAII
A BILL FOR AN ACT
relating to unmanned aircraft systems.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that the proliferation of unmanned aircraft systems, commonly called drones, has led to privacy and public safety concerns for individuals, especially when the drones are flown over their property. The legislature further finds that Hawai‘i's laws do not adequately address these situations and that some states have enacted laws that prohibit trespassing on private property with a drone, including Louisiana, South Dakota, Tennessee, and Virginia.
The purpose of this Act is to prohibit trespass with an unmanned aircraft system, with exceptions.
SECTION 2. Chapter 711, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§711- Trespass with an unmanned aircraft system;
penalty. (1) A
person commits the offense of trespass with an unmanned aircraft system if the
person intentionally causes an unmanned aircraft system to:
(a) Enter the property of another and
come within fifty feet of a dwelling to coerce, intimidate, or harass another
person or, after having been given actual notice to desist, for any other reason;
(b) Take off or land in violation of
current Federal Aviation Administration special security instructions or UAS
security sensitive airspace restrictions.
(2) This section shall not
apply to any person who causes an unmanned aircraft system to enter the
property as specified in subsection (1) if consent was given to the entry by
any person with legal authority to consent or by any person who is lawfully
present on the property, or if the person was authorized by the federal
regulations to operate an unmanned aircraft system and was operating the system
in an otherwise lawful manner and consistent with federal regulations.
(3) Violation of trespass with an unmanned
aircraft system is a misdemeanor."
SECTION 3. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
Drones; Unmanned Aircraft System; Trespass; Penalty
Prohibits trespass with an unmanned aircraft system, with exceptions. Establishes a penalty.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.