Senate committee hears bill to criminalize unsafe drone use near emergency operations

Sen. Regina Buritzel, prime sponsor of Senate Bill 49, told the Senate Judiciary Committee that the Department of Safety requested the bill to create crimes and penalties for unlawful use of small unmanned aircraft systems.

The bill would make it a misdemeanor to operate a small UAS that interferes with law enforcement, firefighting or other emergency response operations, Sen. Regina Buritzel said. It also would create an array of tougher penalties: a misdemeanor for operating a small UAS in FAA-restricted airspace over a correctional facility, a class B felony if the operation was intended to deliver contraband or aid an escape, and felony charges when a UAS operation causes damage to a manned aircraft or injuries.

The measure directs courts to look to Federal Aviation Administration rules in defining some conduct and, in an amendment the Department of Safety indicated it would submit, cross-references the state Aeronautics Act (RSA 422), Christopher Ball of the Department of Safety said. “This is a very important issue regarding the use of drones in New Hampshire,” Ball said, calling the technology both popular and “emerging.”

Representatives of state and federal installations and agencies told the committee they support stronger rules. Tricia Lambert, administrator of the Bureau of Aeronautics, said the bureau’s work under RSA 422 informed the bill and that the state seeks to balance promoting safe drone use while targeting nefarious actors. “The intent here is to simply find those that are nefarious and/or repeat offenders,” Lambert said.

Officials from New Boston Space Force Station urged stiffer penalties near military installations. Thaddeus Dickinson, the station’s counterterrorism program manager, said the installation supports the bill and asked the committee to consider increasing penalties for flights over military property so repeated minor violations would not amount to “free flights” that could be used to collect sensitive data. “Failure is not an option for what we do,” another station witness said, describing routine mission traffic.

Helen Hanks, commissioner of the Department of Corrections, told the committee that drones used to drop contraband have “truly destructive” consequences in correctional settings, citing incidents elsewhere in the country. Chief Jay Dara, chief of investigations for the Department of Corrections, described a 90-day pilot of drone-detection equipment that identified several “careless” flights over a facility; the pilot did not detect criminal contraband drops during the test period.

Committee members asked about definitions and public education. Ball and Lambert said New Hampshire already has an RSA-aligned definition of small UAS and that manufacturers and FAA tools often warn recreational users when they approach airports. Committee members pressed whether the bill would chill hobbyist use; testimony repeatedly emphasized the bill’s stated intent to promote lawful drone use while enabling enforcement against dangerous misuse.

The committee concluded public testimony and adjourned the hearing on SP 49 without taking a committee vote. The bill will return to committee for further markup if sponsors or staff submit formal amendments.

Ending: The committee did not take formal action on SP 49 at this hearing; staff indicated the Department of Safety planned a technical amendment to reference federal rules and RSA 422.