SECTION 1. The legislature finds that unmanned aircraft systems are emerging technologies that have the potential to transform America by providing wide ranging economic, environmental, safety, and security benefits. However, along with these benefits come concerns about individual privacy. While there is an existing body of federal, state, and local law relating to privacy, the question arises whether existing law is adequate to alleviate the concerns of state legislators and citizens regarding privacy rights in light of this new technology.

The purpose of this Act is to adopt the recommendations of the Aerospace States Association, the Council of State Governments, and the National Conference of State Legislatures regarding privacy considerations arising from the emergence of unmanned aircraft systems.

SECTION 2. Chapter 52D, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§52D- International Association of Chiefs of Police Aviation Committee; unmanned aircraft systems guidelines. The chief of police shall implement the International Association of Chiefs of Police Aviation Committee's "Recommended Guidelines for the use of Unmanned Aircraft."

SECTION 3. Chapter 263, Hawaii Revised Statutes, is amended by adding two new sections to be appropriately designated and to read as follows:

"§263-A Operating an unmanned aircraft system or model aircraft so as to cause a nuisance; penalty. (a) It shall be unlawful for any person to operate an unmanned aircraft system or model aircraft across or above the State in a manner that constitutes a nuisance to either the public, a person, or the property of a person. For the purposes of this section, "nuisance" shall have the same meaning as defined in section 165-2.

(b) Any person violating this section shall be guilty of a misdemeanor and shall punishable by a fine of not more than $1,000, imprisonment for not more than one year, or both.

§263-B Firearm aboard unmanned aircraft system used for commercial purposes; prohibited; penalty. (a) It shall be unlawful for any person to install or carry any firearm aboard an unmanned aircraft system that is used for commercial purposes and is flown across or above the State.

(b) Any person violating this section shall be guilty of a class C felony.

SECTION 4. Section 711-1111, Hawaii Revised Statutes, is amended as follows:

1. By amending subsection (1) to read as follows:

"(1) A person commits the offense of violation of privacy in the second degree if, except in the execution of a public duty or as authorized by law, the person intentionally:

(a) Trespasses on property for the purpose of subjecting anyone to eavesdropping or other surveillance in a private place;

(b) Peers or peeps into a window or other opening of a dwelling or other structure adapted for sojourn or overnight accommodations for the purpose of spying on the occupant thereof or invading the privacy of another person with a lewd or unlawful purpose, under circumstances in which a reasonable person in the dwelling or other structure would not expect to be observed;

(d) Installs or uses, or both, in any private place, without consent of the person or persons entitled to privacy therein, any means or device for observing, recording, amplifying, or broadcasting sounds or events in that place other than another person in a stage of undress or sexual activity;

(e) Installs or uses outside a private place any device for hearing, recording, amplifying, or broadcasting sounds originating in that place which would not ordinarily be audible or comprehensible outside, without the consent of the person or persons entitled to privacy therein;

(f) Covertly records or broadcasts an image of another person's intimate area underneath clothing, by use of any device, and that image is taken while that person is in a public place and without that person's consent;

(g) Intercepts, without the consent of the sender or receiver, a message or photographic image by telephone, telegraph, letter, electronic transmission, or other means of communicating privately; but this paragraph does not apply to:

(i) Overhearing of messages through a regularly installed instrument on a telephone party line or an extension; or

(ii) Interception by the telephone company, electronic mail account provider, or telephone or electronic mail subscriber incident to enforcement of regulations limiting use of the facilities or incident to other operation and use;

(h) Divulges, without the consent of the sender or the receiver, the existence or contents of any message or photographic image by telephone, telegraph, letter, electronic transmission, or other means of communicating privately, if the accused knows that the message or photographic image was unlawfully intercepted or if the accused learned of the message or photographic image in the course of employment with an agency engaged in transmitting it; [or]

(i) Knowingly possesses materials created under circumstances prohibited in section 711-1110.9[.]; or

(j) Uses a model aircraft or an unmanned aircraft system operated for commercial or business purposes to violate the provisions of this section or to track or record a specific, identifiable person without that person's consent."

2. By amending subsection (3) by adding three new definitions to be appropriately inserted and to read as follows:

""Model aircraft" means an unmanned aircraft that is:

(a) Capable of sustained flight in the atmosphere;

(b) Flown within visual line of sight of the person operating the aircraft; and

"Unmanned aircraft" means an aircraft that is operated without the possibility of direct human intervention from within or on the aircraft.

"Unmanned aircraft system" means an unmanned aircraft and associated elements, including communication links and components that control the unmanned aircraft and are required for the pilot in command to operate safely and efficiently in the national airspace system."

SECTION 5. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 6. In codifying the new sections added by section 3 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 8. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	1657
TWENTY-SEVENTH LEGISLATURE, 2014
STATE OF HAWAII