Existing federal law, the Federal Aviation Administration Modernization and Reform Act of 2012, provides for the integration of civil unmanned aircraft systems, commonly known as drones, into the national airspace system by September 30, 2015. Existing federal law requires the Administrator of the Federal Aviation Administration to develop and implement operational and certification requirements for the operation of public unmanned aircraft systems in the national airspace system by December 31, 2015.

Existing law provides that a person who comes into any school building or upon any school ground, or adjacent street, sidewalk, or public way, whose presence or acts interfere with or disrupt a school activity, without lawful business, or who remains after having been asked to leave, as specified, is guilty of a misdemeanor. Existing law also makes it a crime to possess a firearm within 1,000 feet of a public or private school providing instruction in kindergarten or grades 1 to 12, inclusive, or to possess specified knives or blades on the grounds of those schools.

This bill would, unless authorized by federal law, make it an infraction to knowingly and intentionally operate an unmanned aircraft or unmanned aircraft system on the grounds of, or less than 350 feet above ground level within the airspace overlaying, a public school providing instruction in kindergarten or grades 1 to 12, inclusive, during school hours and without the written permission of the school principal or higher authority, or his or her designee, or equivalent school authority. The bill would also, unless authorized by federal law, make it an infraction to knowingly and intentionally use an unmanned aircraft or unmanned aircraft system to capture images of public school grounds providing instruction in kindergarten or grades 1 to 12, inclusive, during school hours and without the written permission of the school principal or higher authority, or his or her designee, or equivalent school authority. The bill would define school hours for its purposes as during any school session, extracurricular activity, or event sponsored by or participated in by the school, and the one-hour periods immediately preceding and following any session, activity, or event. The bill would provide for a warning for a first violation and a fine of no more than $200 for each subsequent violation. The bill would exempt from its provisions any publisher, editor, reporter, or other specified persons, unless the principal or the principal’s designee has requested that the person cease the operation of the unmanned aircraft or unmanned aircraft system on the basis that the operation of the unmanned aircraft or unmanned aircraft system would be disruptive of, or interfere with, classes of the public school program. The bill would also exempt law enforcement from its provisions. The bill would exempt from its provisions any entity for which the Federal Aviation Administration has authorized the use of an unmanned aircraft or unmanned aircraft system if that unmanned aircraft or unmanned aircraft system is operated in accordance with the terms and conditions of that authorization. By creating new crimes, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.