Legislature(2013 - 2014)CAPITOL 106

02/04/2014 08:00 AM House STATE AFFAIRS


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HJR 23 GOOD FRIDAY EARTHQUAKE REMEMBRANCE DAY TELECONFERENCED
Moved Out of Committee
+= HB 255 UNMANNED AIRCRAFT SYSTEMS TELECONFERENCED
Moved CSHB 255(STA) Out of Committee
*+ HJR 18 CONST. AM: ELECTED ATTORNEY GENERAL TELECONFERENCED
Heard & Held
                HB 255-UNMANNED AIRCRAFT SYSTEMS                                                                            
                                                                                                                                
8:11:10 AM                                                                                                                    
                                                                                                                                
CHAIR LYNN  announced the next  order of business was  HOUSE BILL                                                               
NO.  255, "An  Act  relating to  unmanned  aircraft systems;  and                                                               
relating to images captured by an unmanned aircraft system."                                                                    
                                                                                                                                
8:11:38 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KELLER  moved  to adopt  the  proposed  committee                                                               
substitute    (CS)    for    HB   255,    Version    28-LS1068\C,                                                               
Gardner/Strasburg,  1/30/14, as  a work  draft.   There being  no                                                               
objection, Version C was before the committee.                                                                                  
                                                                                                                                
8:12:04 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HUGHES, as sponsor,  reviewed that at the previous                                                               
hearing on HB  255, there had been  questions about International                                                               
Association of  Chiefs of Police (IACP)  guidelines and municipal                                                               
ordinance.                                                                                                                      
                                                                                                                                
8:12:35 AM                                                                                                                    
                                                                                                                                
GINGER  BLAISDELL, Staff,  Representative Shirley  Hughes, Alaska                                                               
State Legislature,  presented HB 255 on  behalf of Representative                                                               
Hughes, sponsor.   She  stated that  on page 2,  line 24,  of the                                                               
original  bill  version, there  was  language  that required  law                                                               
enforcement agencies to adopt the  IACP guidelines for the use of                                                               
unmanned aircraft.   That  language was removed  in Version  C to                                                               
avoid conflict related  to a law enforcement  agency adopting the                                                               
guidelines and  changing "the (indisc.)  of the bill."   She said                                                               
that is the only change in Version C.                                                                                           
                                                                                                                                
8:13:36 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HUGHES  pointed out that  the major points  in the                                                               
aforementioned  guidelines   are  already  incorporated   in  the                                                               
proposed legislation.   The  guidelines addressed  the protection                                                               
of citizens' privacy.                                                                                                           
                                                                                                                                
8:14:26 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HUGHES, in response to  the chair, offered a brief                                                               
recap  of  the  purpose  of  HB  255.    She  said  the  proposed                                                               
legislation   addresses   the    uses   of   unmanned   aircraft,                                                               
particularly by  law enforcement;  it would allow  the University                                                               
of  Alaska  to  set  up  an  unmanned  aerial  systems  operation                                                               
training program; it  is the result of the work  of a task force,                                                               
which convened over  the interim; it views  the unmanned aircraft                                                               
as a tool, with a focus on  harnessing that tool for good; and it                                                               
would require  a search warrant  for criminal  investigation use,                                                               
with specific  exceptions, such as when  a judge might rule  in a                                                               
case of foul play, for instance.                                                                                                
                                                                                                                                
8:16:44 AM                                                                                                                    
                                                                                                                                
MIKE COONS testified  in support of HB 255.   He said he attended                                                               
at  least  one  of  the  task force  meetings  and  observed  the                                                               
attention of the task force  to details of unmanned aircraft use.                                                               
He said there have been  "knee-jerk" reactions regarding unmanned                                                               
aircraft use, for  example, a man in the Lower  48 who claimed he                                                               
was arrested by  a drone, news of which filled  social media.  It                                                               
turned out  that [law  enforcement] used the  drone to  see where                                                               
the  man  was,  because  he  was apparently  armed.    Mr.  Coons                                                               
explained the issue  was that local law  enforcement utilized the                                                               
predator drone of  a federal agency, and there is  a huge concern                                                               
about using  federal assets.   He said  the Department  of Public                                                               
Safety (DPS) in Alaska has assured him that would not happen.                                                                   
                                                                                                                                
8:19:17 AM                                                                                                                    
                                                                                                                                
MR. COONS suggested one solution would  be to figure out a way to                                                               
educate the  public, either through media  reports and interviews                                                               
or  advertisements showing  what the  unmanned aircraft  does and                                                               
does not  do.   He acknowledged that  public outreach  would cost                                                               
money, but  said it would be  effective in allaying the  fears of                                                               
the public.                                                                                                                     
                                                                                                                                
8:20:16 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KELLER asked  Mr. Coons if he  thinks the proposed                                                               
bill should be amended to prohibit armed unmanned aircraft.                                                                     
                                                                                                                                
8:20:50 AM                                                                                                                    
                                                                                                                                
MR. COONS  indicated that according  to the task force,  the size                                                               
of the  [unmanned aircraft]  would not be  large enough  to carry                                                               
weapons.  He  surmised that the only people  that would entertain                                                               
[the use of weapons on unmanned  aircraft] would be DPS, and that                                                               
entity would have  to come to the legislature to  get funding and                                                               
authorization   for  use   of  weapons   on  unmanned   aircraft;                                                               
therefore, he stated  that he does not think the  language of the                                                               
bill needs to be amended.                                                                                                       
                                                                                                                                
8:21:56 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HUGHES  stated  that   at  present,  the  Federal                                                               
Aviation  Administration  (FAA) does  not  allow  anything to  be                                                               
dropped from  unmanned aerial systems or  allow unmanned aircraft                                                               
to  be  fitted with  weapons;  that  is why  language  forbidding                                                               
weaponry on  unmanned aircraft was  not included in  the proposed                                                               
legislation.  She  said the legislature would need to  step in if                                                               
the FAA changes  its rules.  She stated that  public education is                                                               
in "another  piece of legislation,"  and the continuation  of the                                                               
task force would  not only serve to educate the  public, but also                                                               
to address any changes made by the FAA.                                                                                         
                                                                                                                                
8:23:22 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HUGHES,  in response to the  chair, indicated that                                                               
there is  no language in Version  C that would limit  the size of                                                               
an unmanned aircraft.                                                                                                           
                                                                                                                                
8:23:39 AM                                                                                                                    
                                                                                                                                
CHAIR  LYNN recollected  that he  first heard  about [the  use of                                                               
unmanned aircraft] in the '60s.                                                                                                 
                                                                                                                                
8:24:08 AM                                                                                                                    
                                                                                                                                
RO   BAILEY,  Alaska   Center  for   Unmanned  Aircraft   Systems                                                               
Integration; Director,  FAA Test  Site, stated  that the  FAA has                                                               
established a  special rule that restricts  law enforcement's use                                                               
of unmanned  aircraft to that  which is  no more than  25 pounds.                                                               
Law  enforcement agencies  would have  to go  through significant                                                               
steps to be approved for a larger  system.  At 25 pounds or less,                                                               
the  ability to  put  any  kind of  weaponry  on  board would  be                                                               
extremely  problematic.   She  stated,  "Our  overriding goal  is                                                               
safety and  beneficial use to  the state."   She said HB  255 and                                                               
the  companion bill  in  the  Senate were  factors  in the  FAA's                                                               
selection, because  of the methodical  approach to  the challenge                                                               
of an unmanned aircraft.                                                                                                        
                                                                                                                                
8:25:58 AM                                                                                                                    
                                                                                                                                
MS. BAILEY, in response to the  chair, said a fixed wing unmanned                                                               
aircraft weighing up  to 25 pounds could have a  wing span of 10-                                                               
12 feet, but is not capable  of carrying heavy weight.  The power                                                               
source  - electric  or fuel  -  determines how  long an  unmanned                                                               
aircraft can fly.                                                                                                               
                                                                                                                                
8:28:02 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   ISAACSON  noted   that  Amazon.com,   Inc.,  has                                                               
proposed being able to deliver  packages [via unmanned aircraft].                                                               
He asked  what the future holds  in terms of the  use of unmanned                                                               
aircraft.                                                                                                                       
                                                                                                                                
8:28:57 AM                                                                                                                    
                                                                                                                                
MS. BAILEY indicated that she  cannot predict the future, but the                                                               
expectation is that  any use of unmanned  aircraft for deliveries                                                               
is  likely to  be  restricted  to remote  areas.    She said  the                                                               
Marines are already using  significantly larger unmanned aircraft                                                               
to  deliver supplies  to areas  in  Afghanistan where  it is  too                                                               
difficult to  supply them by road.   She said she  could envision                                                               
the  use of  unmanned aircraft  to deliver  supplies to  Alaskans                                                               
living in  the Bush.  She  talked about the traffic  on roads, in                                                               
terms of deliveries,  and said she does not foresee  that kind of                                                               
air traffic for deliveries used "any time soon."                                                                                
                                                                                                                                
8:30:48 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HUGHES  stated that  one of  the reasons  the task                                                               
force is  working on this  issue is  because the target  date for                                                               
commercial use of unmanned aerial systems  is by the end of 2015.                                                               
She mentioned  reading an article  describing one state's  use of                                                               
unmanned aerial  systems to  survey roads, and  she said  she can                                                               
see how  being able to take  high resolution photos over  a large                                                               
area would be beneficial to Alaska.                                                                                             
                                                                                                                                
8:32:10 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KELLER  offered his  understanding that  Section 1                                                               
would give  the University of  Alaska the ability to  establish a                                                               
training  program.   He  noted  that  [Section 2]  would  require                                                               
unmanned aircraft systems  pilots and crew members  to be trained                                                               
and certified.   He  observed that there  is no  authorization in                                                               
the proposed legislation  for the University of Alaska  to set up                                                               
a  certification process,  which  he surmised  will be  something                                                               
that  develops.   He  ventured  that the  task  force knows  that                                                               
number of unmanned  vehicle users is growing; he  related that he                                                               
bought one that takes photographs.   He expressed appreciation to                                                               
those  paying  attention  to the  economic  opportunity  for  the                                                               
University of  Alaska and the  state, and he predicted  there may                                                               
be a lot of competition over who will train and certify.                                                                        
                                                                                                                                
8:34:22 AM                                                                                                                    
                                                                                                                                
LUKE HOPKINS,  Mayor, Fairbanks North Star  Borough (FNSB), noted                                                               
that he  had testified during  the prior  hearing of HB  255, [on                                                               
1/28/14].   He  stated that  as the  local municipality,  FNSB is                                                               
partnering  with  UAF   in  the  test  center   program,  and  is                                                               
"supporting  this   endeavor  of  expanding  the   University  of                                                               
Alaska's  opportunities to  assist in  this economic  development                                                               
piece for the  State of Alaska."   He said [Section 2]  of HB 255                                                               
deals  with how  law enforcement  agencies would  be required  to                                                               
manage  and operate  the unmanned  aerial systems  to which  they                                                               
have access.  He offered  his understanding that "through all the                                                               
testimony you've heard, it appears  that this bill is appropriate                                                               
with the amendment in it."                                                                                                      
                                                                                                                                
8:36:11 AM                                                                                                                    
                                                                                                                                
STEVE  COLLIGAN,  Member,  Legislative  Task  Force  on  Unmanned                                                               
Aircraft Systems,  indicated that  the task force  represents the                                                               
Academy   of  Model   Aeronautics  (AMA)   -  a   self-regulating                                                               
organization, which has  been around for 77  years in cooperation                                                               
with  the Federal  Communications Commission  (FCC) and  the FAA.                                                               
He  said there  have been  many changes  in technology  over that                                                               
period of  time.  He stated  support for the continuation  of the                                                               
task  force,  which he  indicated  was  put together  to  address                                                               
immediate  concerns about  public safety  and privacy,  while the                                                               
FAA has been  focused on integrating this  technology safely into                                                               
air space by  setting operational parameters, which  is where the                                                               
University of  Alaska's involvement is.   He said the  Academy of                                                               
Model  Aeronautics'  focus  is  on the  sport  side  of  unmanned                                                               
aircraft  systems.   He  indicated that  the  FAA is  identifying                                                               
7,500 unmanned  aircraft systems in  the air space over  the next                                                               
five years or so.  He said  there are 15,000 of the "DGI Phantom"                                                               
brand being sold per month for  hobbyists' use, and so the AMA is                                                               
heavily  involved,  under  FAA   guidelines,  to  provide  safety                                                               
training to "keep that end of the spectrum safe."                                                                               
                                                                                                                                
MR. COLLIGAN  opined it is most  important for the task  force to                                                               
keep track  of legislation and  keep the legislature  informed of                                                               
activities as the FAA "migrates  through" its "roll-out" over the                                                               
next three  to five years.   He  indicated that the  task force's                                                               
members bring to it a wide  variety of skills, but said there are                                                               
many activities  already going on in  the community.  He  said he                                                               
has been involved  with the AMA providing  education through stem                                                               
programs  at  the high  school  and  middle  school level.    Mr.                                                               
Colligan  said that  as mentioned  previously, the  certification                                                               
and  operations  have not  been  defined.    He said,  "It'll  be                                                               
interesting."   He recommended following a  practical approach by                                                               
continuing  the task  force and  looking out  for the  safety and                                                               
privacy  of  Alaska residents,  rather  than  having a  knee-jerk                                                               
reaction to the media.                                                                                                          
                                                                                                                                
8:40:06 AM                                                                                                                    
                                                                                                                                
MR. COLLIGAN, in  response to the chair, said  under AMA [rules],                                                               
operation  of unmanned  aircraft is  restricted to  400 feet  and                                                               
below; however,  FAA airspace  is 500  feet and  above.   He said                                                               
there is a  technology called FPD, where a camera  can be affixed                                                               
to an unmanned aircraft system that  can be flown "out of line of                                                               
sight";   however,  those   systems  are   being  monitored   and                                                               
restricted.   He  said under  FAA guidelines,  special permission                                                               
and  authorization is  needed in  a certificate  of authorization                                                               
(COA) area.   In response  to a follow-up question,  he confirmed                                                               
that the 400 feet are counted above ground level, not sea level.                                                                
                                                                                                                                
8:41:30 AM                                                                                                                    
                                                                                                                                
RODNEY  DIAL,  Lieutenant,  Division of  Alaska  State  Troopers,                                                               
Department  of Public  Safety (DPS),  in response  to the  chair,                                                               
stated that [HB 255] would not hamper  DPS in any way.  He stated                                                               
that DPS has no concerns with  HB 255, and it supports Version C.                                                               
He  relayed that  the  department is  currently  in the  planning                                                               
phase of an  unmanned aircraft vehicle (UAV)  program to evaluate                                                               
the potential benefits to the state  and the department.  He said                                                               
DPS is  currently in the  process of receiving -  at no cost  - a                                                               
small UAV from the National Institute  of Justice.  He said it is                                                               
a small,  four-pound Aeryon Scout  vehicle, which has  no payload                                                               
capacity.  He said the department  will use that vehicle and work                                                               
with the  FAA to develop  a training  program, at which  point it                                                               
will work  on getting  a statewide certification  to use  in very                                                               
limited circumstances  in compliance  with HB 255.   He  said DPS                                                               
anticipates that it will be about  one or two years before it can                                                               
use [unmanned  aircraft systems] in  an operational setting.   In                                                               
response to the chair, he  said the department does not currently                                                               
have one of  these vehicles; however, he noted that  he brought a                                                               
photograph  [included  in  the committee  packet]  depicting  the                                                               
aforementioned  vehicle.   He  said it  is about  the  size of  a                                                               
basketball hoop in  diameter, has a range  of approximately three                                                               
kilometers,  and  would be  used  at  line-of-sight only,  at  an                                                               
altitude  of about  400 feet.    He said  it is  equipped with  a                                                               
camera system  and "several  fail-safes."   The vehicle  is worth                                                               
about $70,000, provided by the federal government.                                                                              
                                                                                                                                
CHAIR LYNN  stated that he  wants to  ensure that nothing  in the                                                               
proposed legislation would hamper law enforcement in any way.                                                                   
                                                                                                                                
LIEUTENANT DIAL reiterated that it would not.                                                                                   
                                                                                                                                
8:44:07 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HUGHES  asked Lieutenant Dial  if there is  a plan                                                               
to provide public education in the next couple years.                                                                           
                                                                                                                                
LT. DIAL  answered yes.  He  pointed out that one  element of the                                                               
proposed  legislation  would  require that  DPS  maintain  public                                                               
records, and he  stated the intent of the department  to list all                                                               
uses on its web site to maintain transparency with the public.                                                                  
                                                                                                                                
8:44:46 AM                                                                                                                    
                                                                                                                                
CHAIR LYNN,  after ascertaining  that there was  no one  else who                                                               
wished to testify, closed public testimony.                                                                                     
                                                                                                                                
8:44:53 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KELLER  moved to report  (CS) for HB  255, Version                                                               
28-LS1068\C,  Gardner/Strasburg, 1/30/14,  out of  committee with                                                               
individual  recommendations and  the  accompanying fiscal  notes.                                                               
There being no  objection, CSHB 255(STA) was reported  out of the                                                               
House State Affairs Standing Committee.                                                                                         
                                                                                                                                

Document Name Date/Time Subjects
08 CS HB255 v.C.pdf HSTA 2/4/2014 8:00:00 AM
HB 255
HB 255 NEW UAA SUPPORT LETTER.pdf HSTA 2/4/2014 8:00:00 AM
HB 255
HB 255 NEW FBKS EDC SUPPORT LETTER.pdf HSTA 2/4/2014 8:00:00 AM
HB 255
01 HJR018A.pdf HSTA 2/4/2014 8:00:00 AM
HJR 18
02 HJR 18 Sponsor statement.pdf HSTA 2/4/2014 8:00:00 AM
HJR 18
03 Fiscal Note OOG HJR18.pdf HSTA 2/4/2014 8:00:00 AM
HJR 18
04 Fiscal Note HJR18-LEG-SESS-01-31-14.pdf HSTA 2/4/2014 8:00:00 AM
HJR 18
01 AAPC-Joint-State-Affairs.pdf HSTA 2/4/2014 8:00:00 AM
02 AAPCPreliminaryReportExecSummaryFinal.pdf HSTA 2/4/2014 8:00:00 AM
03 AAPCpreliminaryReportV13final.pdf HSTA 2/4/2014 8:00:00 AM