Second Regular Session Seventieth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 16-0645.01 Richard Sweetman x4333HOUSE BILL 16-1020 HOUSE SPONSORSHIP Rosenthal, SENATE SPONSORSHIP Cooke, House Committees Senate Committees Judiciary A BILL FOR AN ACT Concerning prohibiting certain uses of an unmanned aircraft system. Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://www.leg.state.co.us/billsummaries.) A person commits introducing contraband in the first degree if he or she knowingly and unlawfully operates any unmanned aircraft system (UAS) within 5 miles of a detention facility with the intent to introduce or attempt to introduce a dangerous instrument, alcohol or an alcoholic beverage, a controlled substance, or marijuana or marijuana concentrate into the detention facility. A person shall not operate a UAS: Within 5 miles of an airport unless the person is authorized by the airport's air traffic control tower; In a manner that interferes with the operation of manned aircraft; More than 400 feet above the earth's surface; In a manner that is prohibited by any federal law or rule; In violation of any temporary flight restriction (TFR) or notice to airmen (NOTAM) issued by the federal aviation administration (FAA); or In the airspace directly above any detention facility. A person who violates any of these prohibitions commits a class 1 misdemeanor. These prohibitions do not apply to the operation of a public UAS operated in compliance with any current and enforceable authorization granted by the FAA. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, 18-8-203, amend (1) (b) and (3); repeal (4); and add (1) (c) as follows: 18-8-203. Introducing contraband in the first degree - definitions. (1) A person commits introducing contraband in the first degree if he or she knowingly and unlawfully: (b) Being a person confined in a detention facility, makes any dangerous instrument; controlled substance, as defined in section 18-18-102 (5); marijuana or marijuana concentrate, as defined in section 27-80-203 (15) and (16), C.R.S.; or alcohol or alcoholic beverage; or (c) Operates any unmanned aircraft system within five miles of a detention facility with the intent to introduce or attempt to introduce a dangerous instrument; alcohol or an alcoholic beverage; a controlled substance, as defined in section 18-18-102 (5); or marijuana or marijuana concentrate, as defined in section 27-80-203 (15) and (16), C.R.S., into a detention facility. (3) As used in this section, unless the context requires otherwise: (a) "Dangerous instrument" means a firearm, explosive device or substance (including ammunition), knife or sharpened instrument, poison, acid, bludgeon, or projective device, or any other device, instrument, material, or substance that is readily capable of causing or inducing fear of death or bodily injury, the use of which is not specifically authorized. (b) "Detention facility" means any building, structure, enclosure, vehicle, institution, worksite, or place, whether permanent or temporary, fixed or mobile, where persons are or may be lawfully held in custody or confinement under the jurisdiction of the department of corrections or under the authority of the United States, the state of Colorado, or any political subdivision of the state of Colorado. (c) "Unmanned aircraft system" means an aircraft that is operated without the possibility of human intervention from within or on the aircraft; except that "unmanned aircraft system" does not include a model aircraft, as defined in section 336 (c) of Pub.L. 112-95, the "FAA Modernization and Reform Act of 2012". (4) "Dangerous instrument" as used in this section and in section 18-8-204.1, means a firearm, explosive device or substance (including ammunition), knife or sharpened instrument, poison, acid, bludgeon, or projective device, or any other device, instrument, material, or substance which is readily capable of causing or inducing fear of death or bodily injury, the use of which is not specifically authorized. SECTION 2. In Colorado Revised Statutes, 18-8-204.1, add (4) as follows: 18-8-204.1. Possession of contraband in the first degree - definitions. (4) As used in this section, unless the context requires otherwise: (a) "Dangerous instrument" has the same meaning as set forth in section 18-8-203 (3) (a). (b) "Detention facility" has the same meaning as set forth in section 18-8-203 (3) (b). SECTION 3. In Colorado Revised Statutes, add article 2.5 of title 41 as follows: ARTICLE 2.5 Operation of Unmanned Aircraft Systems 41-2.5-101. Legislative declaration. (1) The general assembly hereby finds and declares that: (a) The operation of unmanned aircraft systems can pose a threat to manned aircraft in flight and to persons and property on the ground; and (b) Imposing community-based safety requirements and restrictions on the operation of unmanned aircraft systems, consistent with rules of the federal aviation administration, is necessary to mitigate such threats. 41-2.5-102. Operation of unmanned aircraft systems prohibited - exception - penalty - definitions. (1) A person shall not operate an unmanned aircraft system: (a) Within five miles of an airport unless the person has acquired express authorization to do so from the airport's air traffic control tower or other air traffic control authority; (b) In a manner that interferes with the operation of manned aircraft; (c) More than four hundred feet above the earth's surface; (d) In a manner that is prohibited by any federal law or rule; (e) In violation of any temporary flight restriction (TFR) or notice to airmen (NOTAM) issued by the federal aviation administration; or (f) In the airspace directly above any detention facility. (2) Subsection (1) of this section does not apply to the operation of a public unmanned aircraft system in compliance with the terms of any current and enforceable authorization granted by the federal aviation administration. (3) A person who violates any provision of subsection (1) of this section commits a class 1 misdemeanor. (4) As used in this section, unless the context requires otherwise: (a) "Detention facility" means any building, structure, enclosure, vehicle, institution, worksite, or place, whether permanent or temporary, fixed or mobile, where persons are or may be lawfully held in custody or confinement under the jurisdiction of the department of corrections or under the authority of the United States, the state of Colorado, or any political subdivision of the state of Colorado. (b) "Public unmanned aircraft system" means an unmanned aircraft system that is operated by a public agency for government-related purposes. (c) "Unmanned aircraft system" means an aircraft that is operated remotely without the possibility of human intervention from within the aircraft; except that "unmanned aircraft system" does not include a model aircraft, as defined in section 336 (c) of Pub.L. 112-95, the "FAA Modernization and Reform Act of 2012". SECTION 4. Act subject to petition - effective date. This act takes effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly (August 10, 2016, if adjournment sine die is on May 11, 2016); except that, if a referendum petition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part will not take effect unless approved by the people at the general election to be held in November 2016 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.