7CE8E55FFD178F4D8725826D006F47B3 Hearing Summary

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

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.

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.

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.

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).

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.

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.

Various committee provided their positions on HB 18-1314. The co-sponsors provided closing remarks in support of the bill.