Legislature(2017 - 2018)BUTROVICH 205
03/09/2017 03:30 PM Senate STATE AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| HB16 | |
| SCR4 | |
| SB48 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 16 | TELECONFERENCED | |
| *+ | SCR 4 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | SB 48 | TELECONFERENCED | |
SCR 4-TASK FORCE ON UNMANNED AIRCRAFT SYSTEMS
4:02:37 PM
CHAIR DUNLEAVY called the committee back to order and announced
the consideration of Senate Concurrent Resolution (SCR) 4.
4:02:59 PM
SENATOR SHELLEY HUGHES, Alaska State Legislature, Juneau,
Alaska, sponsor of SCR 4, disclosed that her constituents have
voiced concern about privacy and asked for legislation to ban
unmanned aerial vehicles (UAVs). She noted that during her
research on UAVs, she has come to realize that UAVs could be
useful tools if the operator had good intentions.
She divulged that she has been the co-chair for the Unmanned
Aircraft Systems Task Force since 2013. She opined that the task
force has done a lot of good work with a team of volunteers that
are not compensate for their work and pay for their own
expenses. She asserted that the task force has helped educate
the public about UAV safety and privacy guidelines while
promoting the aviation industry to the many cost savings and
life savings uses for UAVs.
She conceded that the issue of privacy is a subject that the
task force continues to struggle with. She said the task force
is notified of privacy instances and has had discussions with
law enforcement about the issue. She noted that the task force
has come up with different ideas but has run up against the
Federal Aviation Administration (FAA) rules. She revealed that
the FAA controls, "The air right above the blade of grass in
your backyard."
She said the task force continues to look at the issue of
privacy and has ideas to explore, but the task force is going to
term-out June 30. She set forth that the task force has
determined a need to stay in existence until the state gets
through the UAV transition time due to its evolving technology.
She summarized that SCR 4 re-ups the task force's term.
4:06:58 PM
CHAIR DUNLEAVY noted that Senator Hughes said, "The space above
your yard or your grass doesn't belong to us, it belongs to
them." He asked what would happen if a drone flying just above
the ground is taken down on the land that you own.
SENATOR HUGHES clarified that the FAA has jurisdiction over your
land. She revealed that the most frequent question asked by her
constituents is whether a federal violation would occur if a
homeowner shoots down a drone that flies over their house. She
confirmed that shooting down a drone would be a violation of
federal law. She said knowing the FAA's rules regarding drones
is a reason why education is important.
4:08:51 PM
CHAIR DUNLEAVY asked what the rules are if a drone is being
thoroughly disruptive.
SENATOR HUGHES noted that other testifiers will provide input.
She suggested that a person waive the drone away because the
craft has cameras that can see when a person does not want them
there.
SENATOR GIESSEL noted that UAVs were used to count sea lions in
the Aleutians. She disclosed that sealions are very sensitive
animals to any kind of disruption. She asked how successful the
animal counts have been with UAVs for sealions and other
creatures.
SENATOR HUGHES disclosed that the University of Alaska-Fairbanks
was involved in the sealion count and they were getting more
accurate counts because the UAVs work better than manned
aircraft.
CHAIR DUNLEAVY noted that SCR 4 has a zero-fiscal note.
CHAIR DUNLEAVY opened public testimony on SCR 4. He addressed
Senator Hughes' statement that the FAA controls the space above
a landowner's property and asked what the harassment laws are
for a UAV.
4:11:45 PM
STEVE COLLIGAN, member, Unmanned Aircraft Systems Task Force,
Wasilla, Alaska, explained that the FAA controls the airspace,
nationwide. He pointed out that a UAV is classified by the FAA
as an aircraft just like a full-sized aircraft. He explained
that harassment or perceived level of privacy does not depend on
whether an aircraft or even a smartphone is used, it is the act
itself and not the device that is used. He concurred with
Senator Hughes that the FAA has determined UAVs to be aircraft
and shooting them down has repercussions. He noted that
Anchorage is considering a UAV ordinance to limit at 50 feet
above somebody's property, but the ordinance would conflict with
some of the FAA's airspace rules.
He opined that the reality is public safety and people need some
devices to be able to protect the public if somebody is behaving
poorly; again, that does not matter whether the device is a
drone or some other device. He pointed out that there are
Peeping Tom laws on the books that cover voyeurism. He opined
that what has been great about the task force has been the
review of privacy and public safety. He said the task force has
worked with the state attorney general to review the state's
existing laws. He disclosed that the task force has addressed
the idea of a law that defines loitering over somebody's
property that allows public safety to address with a UAV
operator whether the individual is misbehaving.
4:15:24 PM
CHAIR DUNLEAVY noted that manned aircraft have visible numbers
for identification and asked Mr. Colligan to address UAV
identification that allows people to report illegal activity or
form of harassment.
MR. COLLIGAN answered that UAVs over 250 grams must have a
visible registration number, but conceded that the aircraft's
size may be an issue. He noted that electronic means exist where
identification numbers may be broadcast by the UAV.
4:17:28 PM
CHAIR DUNLEAVY closed public testimony on SCR 4.
4:17:41 PM
CHAIR DUNLEAVY moved Amendment 1 for SCR 4:
30-LS0360\A.1
Mischel
3/9/17
AMENDMENT 1
OFFERED IN THE SENATE BY SENATOR DUNLEAVY
TO: SCR 4
Page 3, line 29:
Delete "public and industry"
4:17:45 PM
SENATOR GIESSEL objected for purposes of discussion.
4:17:55 PM
BUDDY WHITT, Staff, Senator Shelley Hughes, Alaska State
Legislature, Juneau, Alaska, addressed Amendment 1 for SCR 4 and
specified that on page 3, lines 29-31, "public and industry"
would be deleted to make all members of the task force exempt
from compensation or per diem. He noted that the amendment
results in a fiscal note that would otherwise be indeterminate.
4:19:01 PM
SENATOR GIESSEL removed her objection.
4:19:04 PM
CHAIR DUNLEAVY announced that seeing no other objection,
Amendment 1 was adopted.
4:19:22 PM
SENATOR GIESSEL moved to report SCR 4, 30-LS0360\A [as amended],
from committee with individual recommendations and attached
fiscal note(s).
4:19:29 PM
CHAIR DUNLEAVY announced that seeing no objection, CSSCR 4(STA)
moved from the Senate State Affairs Standing Committee.