SENATE BILL 591

54th legislature - STATE OF NEW MEXICO - first session, 2019

INTRODUCED BY

Gregory A. Baca

AN ACT

RELATING TO PUBLIC SAFETY; REGULATING THE OPERATION OF UNOCCUPIED AIRCRAFT; PROVIDING PENALTIES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. [NEW MATERIAL] UNLAWFUL OPERATION OF UNOCCUPIED AIRCRAFT--PROVIDING PENALTIES--DEFINITIONS.--

          A. It shall be unlawful to operate, direct or program a drone to fly:

                (1) within five hundred feet of critical infrastructure in New Mexico; or

                (2) in a manner that interferes with the official duties of a first responder.

          B. Subsection A of this section shall not apply to:

                (1) a drone used for law enforcement purposes; and

                (2) a drone flying over property where written permission has been granted by the property owner, manager or property owner's agent.

          C. A person who for the first time violates Subsection A of this section is guilty of a petty misdemeanor and is punishable pursuant to Subsection B of Section 31-19-1 NMSA 1978. A person who for the second or subsequent time violates Subsection A of this section is guilty of a misdemeanor and is punishable pursuant to Subsection A of Section 31-19-1 NMSA 1978.

          D. As used in this section:

                (1) "critical infrastructure" means airports, petroleum refineries, petroleum storage facilities, chemical storage facilities, chemical manufacturing facilities, power plants, electric generation facilities, law enforcement facilities, military facilities, railyard facilities, drinking water treatment and storage facilities, government buildings and public safety buildings and facilities;

                (2) "drone" means an unoccupied, powered, aerial vehicle that:

                     (a) does not carry a human operator;

                     (b) uses aerodynamic forces to provide vehicle lift;

                     (c) can fly autonomously or be piloted remotely; and

                     (d) can be expendable or recoverable; and

                (3) "first responder" means a police officer, firefighter, paramedic or search and rescue personnel.

     SECTION 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2019.

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