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h_jud_2018a_2018-04-12t13:32:44z2 Hearing Summary




PUBLIC
BILL SUMMARY For HB18-1314

HOUSE COMMITTEE ON JUDICIARY
Date Apr 12, 2018      
Location HCR 0112



HB18-1314 - Amended, referred to the Committee of the Whole


02:15:30 PM  

Representatives Ginal and Lawrence, co-prime sponsors, presented House Bill 18-1314, concerning prohibiting the use of unmanned aircraft systems to obstruct public safety operations.  Representative Ginal discussed the need for the legislation. Representative Lawrence explained the effect of the bill

02:22:25 PM  
Mr. Chris Swathwood, representing the Colorado Aviation Business Association, testified in support of the bill. Mr. Swathwood discussed the problem of drones entering areas where public safety operations are taking place. Mr. Swathwood responded to questions regarding a provision in the bill pertaining to a police officer acting in an illegal manner.
02:26:46 PM  

Mr. Braden Applegate, representing UC Health EMS, testified in support of the bill. Mr. Applegate cited specific instances of drones interfering with emergency operations. Mr. Ben Miller, representing the Center of Excellence within the Division of Fire Prevention and Control, Department of Public Safety, testified in support of the bill. Mr. Miller discussed the rate of intrusion into airspace where public safety operations are underway, and statutes and rules governing drone flight. Mr. Miller responded to questions regarding what constitutes an emergency for the bill's purposes, and how drone operators are made aware of an emergency situation. Mr. John Kyler, representing the Clear Creek County Sheriff's Office, testified in support of HB 18-1314. He addressed the previous questions, and explained the intent of the bill. Discussion ensued regarding the effect of the bill on instances where a drone might be flown at such events such as protests. Mr. Swathwood joined the discussion.

02:43:58 PM  

Mr. Chuck Adams, representing 1up Aerial Drone Services, testified in support of HB 18-1314. Mr. Adams discussed the value of drones. Mr. Doug Lafar, representing DT Aerial Photography, testified in support of the bill. Mr. Lafar explained how the bill preserves the safety of the public airspace.  Discussion ensued regarding what constitutes an emergency under the bill.

02:50:01 PM  

Representatives Ginal and Lawrence responded to questions regarding prosecutions under existing law for improper drone use, and the lack of a mens rea element in HB 18-1314. Discussion ensued regarding the merits of amendment L.002 (Attachment B).

03:05:07 PM  

Mr. Richard Sweetman, Office of Legislative Legal Services, provided background on the source of certain language in HB 18-1314. Discussion ensued regard the reasoning behind this language, and the necessity for the bill.  Mr. Swathwood returned to address issues associated with amendment L.002.

03:21:35 PM  
Discussion continued regarding the necessity of HB 18-1314, given the language in the current first responder obstruction laws. Mr. Swathwood discussed instances where law enforcement felt they could not make an arrest of a drone operator under current law. Discussion ensued on this point.


03:31:13 PM
Motion Adopt amendment L.002
Moved Salazar
Seconded Melton
Benavidez No
Carver No
Herod Yes
Lundeen No
Melton Yes
Roberts Yes
Weissman Yes
Willett No
Wist No
Salazar Yes
Lee Yes
YES: 6   NO: 5   EXC: 0   ABS:  0   FINAL ACTION:  PASS


03:31:46 PM
Motion Adopt amendment L.001
Moved Wist
Seconded Weissman
Benavidez
Carver
Herod
Lundeen
Melton
Roberts
Weissman
Willett
Wist
Salazar
Lee
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
03:31:47 PM  
Various committee provided their positions on HB 18-1314. The co-sponsors provided closing remarks in support of the bill.


03:44:55 PM
Motion Refer House Bill 18-1314, as amended, to the Committee of the Whole.
Moved Carver
Seconded Willett
Benavidez No
Carver Yes
Herod No
Lundeen Yes
Melton No
Roberts Yes
Weissman Yes
Willett Yes
Wist Yes
Salazar No
Lee Yes
Final YES: 7   NO: 4   EXC: 0   ABS:  0   FINAL ACTION:  PASS