1     
PRIVATE USE OF DRONES

2     
2016 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Howard A. Stephenson

5     
House Sponsor: ____________

6     

7     LONG TITLE
8     General Description:
9          This bill regulates the use of unmanned aircraft.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms;
13          ▸     recodifies provisions related to unmanned aircraft;
14          ▸     establishes requirements and procedures relating to unmanned aircraft liability
15     coverage;
16          ▸     establishes limitations, and safety and use requirements, for the private operation of
17     an unmanned aircraft;
18          ▸     requires a private operator of an unmanned aircraft to be at least 17 years of age;
19          ▸     prohibits an individual from interfering with the operation of an unmanned aircraft;
20          ▸     establishes provisions governing an educational institution's use of an unmanned
21     aircraft;
22          ▸     establishes provisions governing the commercial use of an unmanned aircraft;
23          ▸     grants rulemaking authority to the Board of Parks and Recreation with regards to
24     unmanned aircraft; and
25          ▸     establishes criminal penalties.
26     Money Appropriated in this Bill:
27          None

28     Other Special Clauses:
29          None
30     Utah Code Sections Affected:
31     AMENDS:
32          63G-18-101, as last amended by Laws of Utah 2015, Chapter 269
33          63G-18-102, as last amended by Laws of Utah 2015, Chapter 269
34          79-4-304, as enacted by Laws of Utah 2009, Chapter 344
35     ENACTS:
36          31A-22-2001, Utah Code Annotated 1953
37          31A-22-2002, Utah Code Annotated 1953
38          31A-22-2003, Utah Code Annotated 1953
39          31A-22-2004, Utah Code Annotated 1953
40          63G-18-106, Utah Code Annotated 1953
41          63G-18-107, Utah Code Annotated 1953
42          63G-18-108, Utah Code Annotated 1953
43          63G-18-201, Utah Code Annotated 1953
44          63G-18-202, Utah Code Annotated 1953
45          63G-18-301, Utah Code Annotated 1953
46          63G-18-302, Utah Code Annotated 1953
47          63G-18-303, Utah Code Annotated 1953
48          63G-18-304, Utah Code Annotated 1953
49          63G-18-305, Utah Code Annotated 1953
50          63G-18-306, Utah Code Annotated 1953
51          63G-18-307, Utah Code Annotated 1953
52          63G-18-308, Utah Code Annotated 1953
53          63G-18-309, Utah Code Annotated 1953
54          63G-18-310, Utah Code Annotated 1953
55          63G-18-311, Utah Code Annotated 1953
56          63G-18-312, Utah Code Annotated 1953
57          63G-18-313, Utah Code Annotated 1953
58          63G-18-314, Utah Code Annotated 1953

59          63G-18-315, Utah Code Annotated 1953
60          63G-18-316, Utah Code Annotated 1953
61          63G-18-317, Utah Code Annotated 1953
62          63G-18-318, Utah Code Annotated 1953
63          63G-18-319, Utah Code Annotated 1953
64          63G-18-320, Utah Code Annotated 1953
65          63G-18-321, Utah Code Annotated 1953
66          63G-18-401, Utah Code Annotated 1953
67          63G-18-402, Utah Code Annotated 1953
68          63G-18-403, Utah Code Annotated 1953
69          63G-18-501, Utah Code Annotated 1953
70          63G-18-502, Utah Code Annotated 1953
71          63G-18-503, Utah Code Annotated 1953
72          63G-18-504, Utah Code Annotated 1953
73     RENUMBERS AND AMENDS:
74          63G-18-203, (Renumbered from 63G-18-103, as last amended by Laws of Utah 2015,
75     Chapter 269)
76          63G-18-204, (Renumbered from 63G-18-104, as last amended by Laws of Utah 2015,
77     Chapter 269)
78          63G-18-205, (Renumbered from 63G-18-105, as last amended by Laws of Utah 2015,
79     Chapter 269)
80     

81     Be it enacted by the Legislature of the state of Utah:
82          Section 1. Section 31A-22-2001 is enacted to read:
83          31A-22-2001. Definitions.
84          As used in this part:
85          (1) "Covered operator" means an operator who is covered by the provisions of an
86     insurance policy issued in accordance with this part.
87          (2) "Operator" means an individual who controls an unmanned aircraft system.
88          (3) "Owner" means the person that owns the unmanned aircraft.
89          (4) "Unmanned aircraft" means the same as that term is defined in Section

90     63G-18-102.
91          (5) "Unmanned aircraft system" means the same as that term is defined in Section
92     63G-18-102.
93          Section 2. Section 31A-22-2002 is enacted to read:
94          31A-22-2002. Required components of unmanned aircraft liability insurance
95     policies.
96          A policy of unmanned aircraft liability insurance obtained to satisfy the requirements of
97     Section 63G-18-504 shall comply with the requirements of Sections 31A-22-2003 and
98     31A-22-2004.
99          Section 3. Section 31A-22-2003 is enacted to read:
100          31A-22-2003. Unmanned aircraft liability coverage.
101          (1) In addition to complying with the requirements of Chapter 21, Insurance Contracts
102     in General, and Chapter 22, Part 2, Liability Insurance in General, a policy of unmanned
103     aircraft liability coverage described in Section 31A-22-2002 shall:
104          (a) state the following:
105          (i) the owner in whose name the policy is purchased;
106          (ii) the owner's address;
107          (iii) the coverage afforded to the owner;
108          (iv) the premium charged to the owner;
109          (v) the period of time the policy is valid; and
110          (vi) the policy's limits of liability;
111          (b) specifically designate each unmanned aircraft system for which the policy grants
112     coverage;
113          (c) insure the persons named in the policy;
114          (d) insure any other operator of an unmanned aircraft system described in Subsection
115     (1)(b) who operates the unmanned aircraft system with the express or implied permission of the
116     owner; and
117          (e) in addition to the coverage described in Section 31A-22-2002:
118          (i) cover damages or injury resulting from a covered operator who, while operating an
119     unmanned aircraft system, is stricken by paralysis, seizure, or other unconscious condition that
120     the covered operator did not know, or have reason to know, was likely to occur; and

121          (ii) cover a person who operates an unmanned aircraft system in violation of a
122     Certificate of Waiver, Certificate of Authorization, or other exemption obtained from the
123     Federal Aviation Administration by the owner of the unmanned aircraft system.
124          (2) A covered operator's liability is limited to the insurance policy's coverage.
125          (3) A policy containing unmanned aircraft liability coverage described in Section
126     31A-22-2002 may:
127          (a) prorate the insurance with other valid insurance; or
128          (b) grant lawful coverage in addition to unmanned aircraft liability coverage.
129          (4) Unmanned aircraft liability coverage is not required to insure a liability:
130          (a) covered under a workers' compensation law under Title 34A, Utah Labor Code;
131          (b) resulting from bodily injury to, or death of, a named insured's employee if:
132          (i) the bodily injury or death is caused by an unmanned aircraft system that is owned by
133     the named insured; and
134          (ii) the named insured's employee acts as an employee of the named insured at the time
135     the bodily injury or death occurs; or
136          (c) resulting from damage to property owned by, rented to, bailed to, or transported by
137     the insured.
138          (5) (a) An insurance provider that provides an unmanned aircraft liability coverage
139     policy may, in good faith, settle any claim covered by the policy.
140          (b) The amount of a settlement made under Subsection (5)(a) is deductible from the
141     limits of liability described in Section 31A-22-2004.
142          (6) An insurer who grants an insurance policy containing unmanned aircraft liability
143     coverage shall defend, in good faith, a person insured under the policy against a claim or suit
144     brought by another person seeking damages that are payable under the policy if the other
145     person prevails.
146          (7) (a) An insurer upon which a third party brings a claim may not use the defense of
147     lack of cooperation on the part of the insured unless:
148          (i) the insurance policy of the insured provides the insurer with the defense of lack of
149     cooperation; and
150          (ii) the third party colludes with the insured to bring the claim.
151          (b) If the defense of lack of cooperation is not effective against the claimant under

152     Subsection (7)(a), after payment by the owner of the premium that is due, the insurer is:
153          (i) subrogated to the injured person's claim against the insured to the extent of the
154     payment; and
155          (ii) entitled to reimbursement by the insured after the claimant has been made whole
156     with respect to the claim against the insured.
157          (8) A policy of unmanned aircraft liability coverage may limit coverage to the policy
158     minimum limits described in Section 31A-22-2004 if:
159          (a) alcohol or an illegal drug or substance is present in the blood of a covered operator
160     while the covered operator operates an unmanned aircraft system designated under Subsection
161     (1)(b);
162          (b) the policy, or a specifically reduced premium, contains an express written
163     declaration that an unmanned aircraft system designated under Subsection (1)(b) will not be
164     operated by an individual while alcohol or an illegal drug or substance is present in the blood
165     of the individual; and
166          (c) the insured agreed to the declaration described in Subsection (8)(b).
167          (9) (a) A claimant who brings a claim exclusively against a named insured may elect to
168     resolve the claim:
169          (i) by submitting the claim to binding arbitration; or
170          (ii) through litigation.
171          (b) If the claimant elects to commence litigation under Subsection (9)(a)(ii), the
172     claimant may not elect under this section to resolve the claim through binding arbitration
173     without the written consent of the claimant, the insured, and the insured's insurer.
174          (c) (i) A claim that is submitted to binding arbitration under Subsection (9)(a)(i) shall
175     be resolved by a panel of arbitrators selected in accordance with Subsection (9)(c)(ii).
176          (ii) Unless otherwise agreed upon in writing by the claimant, the insured, and the
177     insured's insurer, a panel of arbitrators shall be composed of the following three members:
178          (A) one member selected by the claimant;
179          (B) one member selected by the insured; and
180          (C) one member jointly selected by the members described in Subsections (9)(c)(ii)(A)
181     and (B).
182          (d) (i) The claimant is responsible for all costs associated with the selection and

183     retention of the member described in Subsection (9)(c)(ii)(A).
184          (ii) The insured is responsible for all costs associated with the selection and retention
185     of the member described in Subsection (9)(c)(ii)(B).
186          (iii) Unless otherwise agreed upon in writing by the claimant and the insured, the
187     claimant and the insured are equally responsible for all costs associated with the selection and
188     retention of the member described in Subsection (9)(c)(ii)(C).
189          (e) Except as otherwise provided in this section, or unless otherwise agreed upon in
190     writing by the claimant, the insured, and the insured's insurer, an arbitration procedure
191     conducted under this section is governed by Title 78B, Chapter 11, Utah Uniform Arbitration
192     Act.
193          (f) (i) Discovery in an arbitration conducted under this section shall be conducted in
194     accordance with Utah Rules of Civil Procedure, Rules 26b through 36.
195          (ii) A dispute that arises during a pre-trial discovery shall be resolved by the arbitration
196     panel.
197          (g) A written decision of two of the three arbitrators constitutes a final decision of the
198     arbitration panel.
199          (h) Before an arbitration panel determines the amount of an arbitration award:
200          (i) the existence of a liability insurance policy may be disclosed to the arbitration
201     panel; and
202          (ii) the total amount of all applicable liability insurance policy limits may not be
203     disclosed to the arbitration panel.
204          (i) The amount of an arbitration award is equal to the lesser of:
205          (i) the amount the arbitration panel renders as an award; or
206          (ii) the liability limits of all the insured's applicable liability insurance policies,
207     including applicable liability umbrella policies.
208          (j) The arbitration award is the final resolution of all claims between the parties unless
209     the award is procured by corruption, fraud, or other undue means.
210          (k) If the arbitration panel finds that the claim was not brought, pursued, or defended in
211     good faith, the arbitration panel may award reasonable fees and costs against the party that
212     failed to bring, pursue, or defend the claim in good faith.
213          (10) Nothing in this section limits a claim under another portion of an applicable

214     insurance policy.
215          Section 4. Section 31A-22-2004 is enacted to read:
216          31A-22-2004. Unmanned aircraft insurance liability limits.
217          A policy containing unmanned aircraft liability coverage may not limit the insurer's
218     liability under the coverage below the following:
219          (1) (a) $25,000 for a liability that is the proximate cause of bodily injury to or death of
220     one individual, arising out of the use of an unmanned aircraft system in any one accident;
221          (b) subject to the limit for one individual in Subsection (1)(a), $65,000 for a liability
222     that is the proximate cause of bodily injury to or death of two or more individuals arising out of
223     the use of an unmanned aircraft system in any one accident; and
224          (c) $15,000 for a liability that is the proximate cause of injury to or destruction of
225     property of others arising out of the use of an unmanned aircraft system in any one accident; or
226          (2) $80,000 for a liability that is the proximate cause of bodily injury to or the death of
227     others, or from destruction of or damage to property of others arising out of the use of an
228     unmanned aircraft system in any one accident.
229          Section 5. Section 63G-18-101 is amended to read:
230     
CHAPTER 18. UNMANNED AIRCRAFT -- DRONES

231          63G-18-101. Title.
232          This chapter is known as [the "Government Use of Unmanned Aircraft Systems Act."]
233     "Unmanned Aircraft -- Drones."
234          Section 6. Section 63G-18-102 is amended to read:
235          63G-18-102. Definitions.
236          As used in this chapter:
237          (1) "Airport" means an area of land, water, or both, that:
238          (a) is used or made available for aircraft landing or takeoff;
239          (b) meets the minimum requirements established by the Operations Division of the
240     Department of Transportation for size and design, surface, marking, equipment, and operation;
241     and
242          (c) includes all areas shown as part of the airport in the current airport layout plan
243     approved by the Federal Aviation Administration.
244          (2) (a) "Airport authority" means the entity that is authorized by statute to operate an

245     airport.
246          (b) "Airport authority" includes the department or division of a political subdivision
247     responsible for operating a specific airport.
248          (c) "Airport authority" does not include the governing body of a county or
249     municipality.
250          (3) "Commercial operator" means an individual who operates an unmanned aircraft
251     system for compensation, hire, or profit.
252          [(1)] (4) "Law enforcement agency" means an entity of the state or an entity of a
253     political subdivision of the state, including an entity of a state institution of higher education,
254     that exists primarily to prevent, detect, or prosecute crime and enforce criminal statutes or
255     ordinances.
256          [(2) "Nongovernment actor" means a person that is not:]
257          [(a) an agency, department, division, or other entity within state government;]
258          [(b) a person employed by or otherwise acting in an official capacity on behalf of the
259     state;]
260          [(c) a political subdivision of the state; or]
261          [(d) a person employed by or otherwise acting in an official capacity on behalf of a
262     political subdivision of the state.]
263          [(3) "Target" means a person upon whom, or a structure or area upon which, a person:]
264          [(a) has intentionally collected or attempted to collect information through the
265     operation of an unmanned aircraft system; or]
266          [(b) plans to collect or attempt to collect information through the operation of an
267     unmanned aircraft system.]
268          [(4) "Testing site" means an area that:]
269          [(a) has boundaries that are clearly identified using GPS coordinates;]
270          [(b) a law enforcement agency identifies in writing to the Department of Public Safety,
271     including the boundaries identified under Subsection (4)(a);]
272          [(c) is not more than three square miles; and]
273          [(d) contains no occupied structures.]
274          (5) "Law enforcement officer" means a sworn and certified peace officer:
275          (a) who is an employee of a law enforcement agency that is part of, or administered by,

276     the state or a political subdivision of the state; and
277          (b) whose primary duties consist of the prevention and detection of crime and the
278     enforcement of criminal statutes or ordinances of the state or a political subdivision of the state.
279          (6) "Operator" means an individual who controls an unmanned aircraft system.
280          [(5) (a)] (7) "Unmanned aircraft [system]" means an aircraft that is:
281          [(i) is] (a) capable of sustaining flight; and
282          [(ii) operates] (b) operated with no possible direct human intervention from on or
283     within the aircraft.
284          [(b)] (8) "Unmanned aircraft system" [does not include an unmanned aircraft that is
285     flown: (i) within visual line of sight of the individual operating the aircraft; and (ii) strictly for
286     hobby or recreational purposes.] means the entire system used to operate an unmanned aircraft,
287     including:
288          (a) the unmanned aircraft, including any payload;
289          (b) communications equipment;
290          (c) navigation equipment;
291          (d) controllers;
292          (e) support equipment; and
293          (f) autopilot functionality.
294          Section 7. Section 63G-18-106 is enacted to read:
295          63G-18-106. Preemption of local ordinance.
296          (1) A political subdivision of the state, or an entity of a political subdivision of the
297     state, may not enact a law, ordinance, or rule governing the private use of an unmanned
298     aircraft, unless the entity is an airport authority.
299          (2) This chapter supercedes a law, ordinance, or rule enacted by a political subdivision
300     of the state that is not an airport authority.
301          Section 8. Section 63G-18-107 is enacted to read:
302          63G-18-107. Unmanned aircraft to yield right of way -- Penalties.
303          (1) An operator of an unmanned aircraft shall yield right of way to:
304          (a) a manned aircraft;
305          (b) a parachutist; or
306          (c) a vehicle or individual on the ground.

307          (2) An operator who violates Subsection (1) is guilty of an infraction.
308          Section 9. Section 63G-18-108 is enacted to read:
309          63G-18-108. Impaired operation of unmanned aircraft -- Penalties.
310          (1) An operator may not operate an unmanned aircraft system while the operator:
311          (a) has a blood or breath alcohol concentration at or above .08 grams;
312          (b) is under the influence of any drug to a degree that renders the operator incapable of
313     safely operating the unmanned aircraft system; or
314          (c) knows or has reason to know of a physical or mental condition that could interfere
315     with the operator's safe operation of the unmanned aircraft system.
316          (2) If, after receiving a written warning from a law enforcement officer for a violation
317     of Subsection (1), a private operator subsequently violates Subsection (1), the private operator
318     is guilty of:
319          (a) an infraction for the first violation after receiving the warning; or
320          (b) a class B misdemeanor for a second or subsequent violation after receiving the
321     warning.
322          Section 10. Section 63G-18-201 is enacted to read:
323     
Part 2. Government Use of Unmanned Aircraft

324          63G-18-201. Title.
325          This part is known as "Government Use of Unmanned Aircraft."
326          Section 11. Section 63G-18-202 is enacted to read:
327          63G-18-202. Definitions.
328          As used in this part:
329          (1) "Nongovernment actor" means a person that is not:
330          (a) an agency, department, division, or other entity within state government;
331          (b) a person employed by or otherwise acting in an official capacity on behalf of the
332     state;
333          (c) a political subdivision of the state;
334          (d) a person employed by or otherwise acting in an official capacity on behalf of a
335     political subdivision of the state;
336          (e) the federal government; or
337          (f) a person employed by or otherwise acting in an official capacity on behalf of the

338     federal government.
339          (2) "Target" means a person upon whom, or a structure or area upon which, a person:
340          (a) has intentionally collected or attempted to collect information through the operation
341     of an unmanned aircraft system; or
342          (b) plans to collect or attempt to collect information through the operation of an
343     unmanned aircraft system.
344          (3) "Testing site" means an area that:
345          (a) has boundaries that are clearly identified using GPS coordinates;
346          (b) a law enforcement agency identifies in writing to the Department of Public Safety,
347     including the boundaries identified under Subsection (3)(a);
348          (c) is not more than three square miles; and
349          (d) contains no occupied structures.
350          Section 12. Section 63G-18-203, which is renumbered from Section 63G-18-103 is
351     renumbered and amended to read:
352          [63G-18-103].      63G-18-203. Unmanned aircraft system use requirements --
353     Exceptions -- Testing.
354          (1) A law enforcement agency may not obtain, receive, or use data acquired through an
355     unmanned aircraft system unless the data is obtained:
356          (a) pursuant to a search warrant;
357          (b) in accordance with judicially recognized exceptions to warrant requirements;
358          (c) (i) in a public location in which a person has no reasonable expectation of privacy;
359     and
360          (ii) the unmanned aircraft controlled by the unmanned aircraft system, at the time the
361     data is obtained by the unmanned aircraft system, is clearly audible and visible without aid:
362          (A) by all persons who are targets; and
363          (B) from all portions of the area on which data is collected;
364          [(c)] (d) subject to Subsection (2), from a person who is a nongovernment actor;
365          [(d)] (e) at a testing site; or
366          [(e)] (f) to locate a lost or missing person in an area in which a person has no
367     reasonable expectation of privacy.
368          (2) A nongovernment actor may only disclose data acquired through an unmanned

369     aircraft system to a law enforcement agency if:
370          (a) the data appears to pertain to the commission of a crime; or
371          (b) the nongovernment actor believes, in good faith, that:
372          (i) the data pertains to an imminent or ongoing emergency involving danger of death or
373     serious bodily injury to an individual; and
374          (ii) disclosing the data would assist in remedying the emergency.
375          (3) A law enforcement agency that obtains, receives, or uses data acquired under
376     Subsection (1)(d) or (e) shall destroy the data as soon as reasonably possible after the law
377     enforcement agency obtains, receives, or uses the data.
378          (4) A law enforcement agency that operates an unmanned aircraft system under
379     Subsection (1)(d) may not operate the unmanned aircraft system outside of the testing site.
380          Section 13. Section 63G-18-204, which is renumbered from Section 63G-18-104 is
381     renumbered and amended to read:
382          [63G-18-104].      63G-18-204. Data retention.
383          (1) Except as provided in this section, a law enforcement agency:
384          (a) may not use, copy, or disclose data collected by an unmanned aircraft system on a
385     person, structure, or area that is not a target; and
386          (b) shall ensure that data described in Subsection (1)(a) is destroyed as soon as
387     reasonably possible after the law enforcement agency collects or receives the data.
388          (2) A law enforcement agency is not required to comply with Subsection (1) if:
389          (a) deleting the data would also require the deletion of data that:
390          (i) relates to the target of the operation; and
391          (ii) is requisite for the success of the operation;
392          (b) the law enforcement agency receives the data:
393          (i) through a court order that:
394          (A) requires a person to release the data to the law enforcement agency; or
395          (B) prohibits the destruction of the data; or
396          (ii) from a person who is a nongovernment actor;
397          (c) (i) the data was collected inadvertently; and
398          (ii) the data appears to pertain to the commission of a crime;
399          (d) (i) the law enforcement agency reasonably determines that the data pertains to an

400     emergency situation; and
401          (ii) using or disclosing the data would assist in remedying the emergency; or
402          (e) the data was collected through the operation of an unmanned aircraft system over
403     public lands outside of municipal boundaries.
404          Section 14. Section 63G-18-205, which is renumbered from Section 63G-18-105 is
405     renumbered and amended to read:
406          [63G-18-105].      63G-18-205. Reporting.
407          (1) Except as provided by Subsections (2) and (3), before March 31 of each year, a law
408     enforcement agency that operated an unmanned aircraft system in the previous calendar year
409     shall submit to the Utah Department of Public Safety, and make public on the law enforcement
410     agency's website, a written report containing:
411          (a) the number of times the law enforcement agency operated an unmanned aircraft
412     system in the previous calendar year;
413          (b) the number of criminal investigations aided by the use of an unmanned aircraft
414     system operated by the law enforcement agency in the previous calendar year;
415          (c) a description of how the unmanned aircraft system was helpful to each investigation
416     described in Subsection (1)(b);
417          (d) the frequency with which data was collected, and the type of data collected, by an
418     unmanned aircraft system operated by the law enforcement agency on any person, structure, or
419     area other than a target in the previous calendar year;
420          (e) the number of times a law enforcement agency received, from a person who is not a
421     law enforcement agency, data collected by an unmanned aircraft system; and
422          (f) the total cost of the unmanned aircraft system program operated by the law
423     enforcement agency in the previous calendar year, including the source of any funds used to
424     operate the program.
425          (2) (a) A law enforcement agency that submits a report described in Subsection (1) may
426     exclude from the report information pertaining to an ongoing investigation.
427          (b) A law enforcement agency that excludes information under Subsection (2)(a) from
428     the report shall report the excluded information to the Utah Department of Public Safety on the
429     annual report in the year following the year in which the investigation to which the information
430     pertains is concluded.

431          (3) A law enforcement agency is not required to submit, under Subsection (1), to the
432     Department of Public Safety information pertaining to the use of an unmanned aircraft system
433     operated at a testing site.
434          (4) Before May 31 of each year, the Utah Department of Public Safety shall, for all
435     reports received under Subsection (1) during the previous calendar year:
436          (a) transmit to the Government Operations Interim Committee and post on the
437     department's website a report containing:
438          (i) a summary of the information reported to the department;
439          (ii) the total number of issued warrants authorizing the operation of an unmanned
440     aircraft system; and
441          (iii) the number of denied warrants for the operation of an unmanned aircraft system;
442     and
443          (b) post on the department's website each report the department received.
444          Section 15. Section 63G-18-301 is enacted to read:
445     
Part 3. Private Use of Unmanned Aircraft

446          63G-18-301. Title.
447          This part is known as "Private Use of Unmanned Aircraft."
448          Section 16. Section 63G-18-302 is enacted to read:
449          63G-18-302. Definitions.
450          As used in this part:
451          (1) "Emergency" means a circumstance that presents an imminent threat to life or
452     property, or to public health, safety, or welfare.
453          (2) "Line of sight" means direct, unobstructed visual contact with an unmanned aircraft
454     without the assistance of another person or instrumentation other than corrective lenses.
455          (3) (a) "Private operator" means an individual who is a nongovernment actor who
456     controls an unmanned aircraft system.
457          (b) "Private operator" includes:
458          (i) the individual who is required to maintain the ability to intervene under Subsection
459     63G-18-304(3) in the operation of an unmanned aircraft system that is running autonomously;
460          (ii) except as used in Section 63G-18-305, a supervising operator; and
461          (iii) a commercial operator.

462          (4) "Supervising operator" means a competent individual who:
463          (a) is at least 17 years of age;
464          (b) is capable of operating the unmanned aircraft system; and
465          (c) is in close enough proximity to a private operator to take control of the unmanned
466     aircraft system, if necessary.
467          (5) "Mode of transportation" means a device or animal in, on, or by which a person
468     may be transported.
469          Section 17. Section 63G-18-303 is enacted to read:
470          63G-18-303. Applicability.
471          This part does not:
472          (1) regulate a public entity's operation of an unmanned aircraft system, including the
473     federal government's operation of an unmanned aircraft system; or
474          (2) apply to an unmanned aircraft that weighs less than 0.55 pounds.
475          Section 18. Section 63G-18-304 is enacted to read:
476          63G-18-304. Operator qualifications -- General safety requirements.
477          (1) Before a private operator operates an unmanned aircraft system, the private
478     operator shall:
479          (a) examine the unmanned aircraft system to ensure that the unmanned aircraft system
480     operates properly;
481          (b) ensure that weather conditions will allow for the safe operation of the unmanned
482     aircraft;
483          (c) comply with all applicable federal laws and Federal Aviation Administration rules;
484          (d) ensure that the location for the takeoff, flight, and landing of the unmanned aircraft
485     is adequate for the safe operation of the unmanned aircraft; and
486          (e) establish proper measures to mitigate the harm that could result from a malfunction
487     of the unmanned aircraft system.
488          (2) While a private operator operates an unmanned aircraft system, the private
489     operator:
490          (a) shall immediately terminate the flight of the unmanned aircraft controlled by the
491     unmanned aircraft system if conditions change so that the requirements described in Subsection
492     (1) cannot be satisfied;

493          (b) shall, except as provided in Subsection (3), maintain complete, real-time control of
494     the unmanned aircraft;
495          (c) shall comply with all applicable federal laws and Federal Aviation Administration
496     rules; and
497          (d) may not use the unmanned aircraft system to commit:
498          (i) criminal trespass under Section 76-6-206;
499          (ii) a privacy violation under Section 76-9-402;
500          (iii) reckless endangerment under Section 76-5-112;
501          (iv) a stalking violation under Section 76-5-106.5; or
502          (v) cruelty to an animal under Section 76-9-301.
503          (3) A private operator who operates an unmanned aircraft autonomously is not required
504     to maintain complete, real-time control under Subsection (2)(b) of the unmanned aircraft if the
505     private operator:
506          (a) during the entire time the unmanned aircraft operates autonomously, maintains a
507     continuous ability to override the autonomous function of the unmanned aircraft to assume
508     complete control of the unmanned aircraft; and
509          (b) maintains continuous line of sight with the unmanned aircraft.
510          (4) (a) A private operator may not operate an unmanned aircraft system unless the
511     private operator has, in the private operator's immediate possession, a certificate of registration
512     issued by the Federal Aviation Administration for the unmanned aircraft system.
513          (b) A private operator shall, upon request from a representative of the Federal Aviation
514     Administration or a law enforcement officer, provide the representative or the officer with the
515     certificate of registration described in Subsection (4)(a).
516          (c) A private operator who violates Subsection (4)(b) is guilty of an infraction.
517          (5) (a) An unmanned aircraft system that is operated by a commercial operator is
518     required to be covered under an unmanned aircraft liability policy in accordance with Section
519     63G-18-504.
520          (b) An unmanned aircraft system that is operated by a private operator is not required
521     to be covered under an unmanned aircraft liability policy, unless the private operator is a
522     commercial operator.
523          Section 19. Section 63G-18-305 is enacted to read:

524          63G-18-305. Age requirements for operation -- Penalties.
525          (1) As used in this section, "private operator" does not include a supervising operator.
526          (2) (a) Except as provided in Subsection (2)(b), a private operator is required to be at
527     least 17 years of age.
528          (b) A private operator who is less than 17 years of age and who is not a commercial
529     operator may operate an unmanned aircraft system if the private operator is under the direct
530     supervision of a supervising operator.
531          (3) (a) A supervising operator shall have, in the supervising operator's immediate
532     possession, identification, issued by a governmental entity, that contains the supervising
533     operator's photograph and age or date of birth.
534          (b) A supervising operator shall, upon request from a representative of the Federal
535     Aviation Administration or a law enforcement officer, provide the representative or the officer
536     with the identification described in Subsection (3)(a).
537          (4) (a) A private operator who operates an unmanned aircraft system and who does not
538     comply with the requirements of Subsection (2) is guilty of an infraction.
539          (b) A supervising operator who violates Subsection (3) is guilty of an infraction.
540          Section 20. Section 63G-18-306 is enacted to read:
541          63G-18-306. Height restriction -- Penalties.
542          (1) A private operator may not operate an unmanned aircraft system in a manner that
543     causes an unmanned aircraft to fly more than 400 feet above ground level.
544          (2) A private operator who violates Subsection (1) is guilty of a class B misdemeanor.
545          Section 21. Section 63G-18-307 is enacted to read:
546          63G-18-307. Airspeed restriction -- Penalties.
547          (1) Except as provided in Subsection (2), a private operator may not operate an
548     unmanned aircraft system in a manner that causes an unmanned aircraft to exceed an airspeed
549     of 100 miles per hour.
550          (2) A private operator may operate an unmanned aircraft system in a manner that
551     causes an unmanned aircraft to exceed an airspeed of 100 miles per hour if:
552          (a) (i) a national nonprofit organization recognized by the Federal Aviation
553     Administration as having authority to provide guidance and waivers on unmanned aircraft
554     provides a written statement to the operator stating that operation of the unmanned aircraft at

555     an airspeed greater than 100 miles per hour is authorized by the organization; or
556          (ii) the private operator receives written approval from the Federal Aviation
557     Administration to operate the unmanned aircraft at an airspeed greater than 100 miles per hour;
558     and
559          (b) the private operator has, in the private operator's immediate possession, the
560     statement described in Subsection (2)(a)(i) or the approval described in Subsection (2)(a)(ii).
561          (3) A private operator who operates an unmanned aircraft under a statement or
562     approval described in Subsection (2) shall, upon request from a representative of the Federal
563     Aviation Administration or a law enforcement officer, provide the statement or approval to the
564     representative or officer.
565          (4) A private operator who violates:
566          (a) Subsection (1) is guilty of a class B misdemeanor; or
567          (b) Subsection (3) is guilty of an infraction.
568          Section 22. Section 63G-18-308 is enacted to read:
569          63G-18-308. Weight restriction -- Penalties.
570          (1) A private operator may not operate an unmanned aircraft with a gross takeoff
571     weight of more than 55 pounds unless:
572          (a) (i) a national nonprofit organization recognized by the Federal Aviation
573     Administration as having authority to provide guidance and waivers on unmanned aircraft
574     provides a written statement to the operator stating that operation of the unmanned aircraft that
575     weighs more than 55 pounds is authorized by the organization; or
576          (ii) the private operator receives written approval to operate the unmanned aircraft
577     from the Federal Aviation Administration; and
578          (b) the private operator has, in the private operator's immediate possession, the
579     statement described in Subsection (1)(a)(i) or the approval described in Subsection (1)(a)(ii).
580          (2) A private operator who operates an unmanned aircraft under a statement or
581     approval described in Subsection (1) shall, upon request from a representative of the Federal
582     Aviation Administration or a law enforcement officer, provide the statement or approval to the
583     representative or officer.
584          (3) A private operator who violates Subsection (1) or (2) is guilty of an infraction.
585          Section 23. Section 63G-18-309 is enacted to read:

586          63G-18-309. Identification affixed to unmanned aircraft -- Penalties.
587          (1) A private operator may not operate an unmanned aircraft unless the unmanned
588     aircraft has the unmanned aircraft owner's name, mailing address, telephone number, and
589     Federal Aviation Administration registration number permanently affixed to the outside of the
590     unmanned aircraft.
591          (2) A private operator who violates Subsection (1) is guilty of an infraction.
592          Section 24. Section 63G-18-310 is enacted to read:
593          63G-18-310. Weaponizing unmanned aircraft -- Penalties.
594          (1) (a) As used in this section, "weapon" means:
595          (i) a firearm; or
596          (ii) an object that in the manner of the object's use or intended use is capable of causing
597     death or serious bodily injury.
598          (b) The following factors are used in determining whether an object, other than a
599     firearm, is a dangerous weapon:
600          (i) the location and circumstances in which the object is used or possessed;
601          (ii) the primary purpose for which the object is made;
602          (iii) the character of the wound, if any, produced by the object's use;
603          (iv) the manner in which the object is used;
604          (v) whether the manner in which the object is used or possessed constitutes a potential
605     imminent threat to public safety; and
606          (vi) the lawful purposes for which the object may be used.
607          (2) An individual is guilty of weaponizing an unmanned aircraft if the individual:
608          (a) attaches a weapon to an unmanned aircraft; or
609          (b) uses an unmanned aircraft to carry a weapon.
610          (3) Weaponizing an unmanned aircraft is a class B misdemeanor.
611          Section 25. Section 63G-18-311 is enacted to read:
612          63G-18-311. Propulsion mechanisms for unmanned aircraft -- Penalties.
613          (1) A private operator may not operate an unmanned aircraft that uses:
614          (a) hydrogen gas for propulsion or lift; or
615          (b) except as provided in Subsection (2), metal blade propellers.
616          (2) Notwithstanding Subsection (1), an unmanned aircraft may use metal blade

617     propellers if:
618          (a) a national nonprofit organization recognized by the Federal Aviation
619     Administration as having authority to provide guidance and waivers on unmanned aircraft
620     provides a written statement to the private operator stating that operation of the unmanned
621     aircraft with metal blade propellers is authorized by the organization; and
622          (b) the private operator has, in the private operator's immediate possession, the
623     statement described in Subsection (2)(a).
624          (3) A private operator who operates an unmanned aircraft under a statement described
625     in Subsection (2)(a) shall, upon request from a representative of the Federal Aviation
626     Administration or a law enforcement officer, provide the statement or approval to the
627     representative or officer.
628          (4) A private operator who violates Subsection (3) is guilty of an infraction.
629          Section 26. Section 63G-18-312 is enacted to read:
630          63G-18-312. Unmanned aircraft operation outside daylight hours.
631          A private operator may not operate an unmanned aircraft system after sunset or before
632     sunrise unless the unmanned aircraft flown through the system is equipped with, and operates
633     using, an onboard lighting system that is visible, without aid, from at least 300 feet in all
634     directions.
635          Section 27. Section 63G-18-313 is enacted to read:
636          63G-18-313. Operation of multiple unmanned aircraft -- Penalties.
637          (1) A private operator may not:
638          (a) operate more than one unmanned aircraft at the same time, regardless of whether
639     one or more of the unmanned aircraft operates autonomously; or
640          (b) operate an unmanned aircraft at the same time the private operator operates or
641     controls a mode of transportation, regardless of whether the unmanned aircraft operates
642     autonomously.
643          (2) A private operator who violates Subsection (1) is guilty of an infraction.
644          Section 28. Section 63G-18-314 is enacted to read:
645          63G-18-314. Interference with unmanned aircraft or operator.
646          (1) Except as provided in Subsection (2), an individual may not interfere with the
647     operation of an unmanned aircraft system by:

648          (a) intentionally obscuring the operator's line of sight;
649          (b) interfering with the operator's interaction with the unmanned aircraft system;
650          (c) intentionally distracting the operator from the operation of the unmanned aircraft
651     system; or
652          (d) knowingly creating a radio frequency signal that might interfere with the operation
653     of the unmanned aircraft system.
654          (2) An individual may interfere with the operation of an unmanned aircraft system:
655          (a) to take necessary action to eliminate an immediate threat of an unmanned aircraft
656     striking an individual; or
657          (b) if the individual is a law enforcement officer, to eliminate an immediate threat an
658     unmanned aircraft poses to an individual's body or property.
659          (3) An individual who violates Subsection (1) is guilty of:
660          (a) an infraction if the interference does not cause damage to the unmanned aircraft,
661     damage to property, or bodily harm to an individual; or
662          (b) a class B misdemeanor if the interference causes damage to the unmanned aircraft,
663     damage to property, or bodily harm to an individual.
664          Section 29. Section 63G-18-315 is enacted to read:
665          63G-18-315. Unmanned aircraft in prohibited airspace -- Penalties.
666          (1) Except as provided in Subsection (2), a private operator may not operate an
667     unmanned aircraft system in a manner that causes an unmanned aircraft to fly in airspace
668     designated by the Federal Aviation Administration as:
669          (a) Class B, Class C, or Class D airspace;
670          (b) a restricted area under 14 C.F.R. Chapter 1, Subchapter E, Part 73, Subpart B; or
671          (c) a prohibited area under 14 C.F.R. Chapter 1, Subchapter E, Part 73, Subpart C.
672          (2) A private operator may operate an unmanned aircraft system in a manner that
673     causes an unmanned aircraft to fly in airspace described in Subsection (1) if the private
674     operator:
675          (a) receives written approval for the operation from the entity controlling the airspace
676     described in Subsection (1); and
677          (b) has, in the private operator's immediate possession, the written approval described
678     in Subsection (2)(a).

679          (3) A private operator who operates an unmanned aircraft system under a written
680     approval described in Subsection (2) shall, upon request from a representative of the Federal
681     Aviation Administration or a law enforcement officer, provide the written approval to the
682     representative or officer.
683          (4) A private operator who violates:
684          (a) Subsection (1) is guilty of a class B misdemeanor; or
685          (b) Subsection (3) is guilty of an infraction.
686          Section 30. Section 63G-18-316 is enacted to read:
687          63G-18-316. Unmanned aircraft in proximity to airports.
688          (1) A private operator may not operate an unmanned aircraft system in a manner that
689     causes an unmanned aircraft to fly within five miles of an airport unless the private operator:
690          (a) receives written approval from the airport operator authorizing the flight of the
691     unmanned aircraft within five miles of the airport; and
692          (b) has, in the private operator's immediate possession, the written approval described
693     in Subsection (1)(a).
694          (2) A private operator who operates an unmanned aircraft system under a written
695     approval described in Subsection (1)(a) shall, upon request from a representative of the Federal
696     Aviation Administration or a law enforcement officer, provide the written approval to the
697     representative or officer.
698          (3) A private operator who violates:
699          (a) Subsection (1)(a) is guilty of a class B misdemeanor; or
700          (b) Subsection (1)(b) or (2) is guilty of an infraction.
701          Section 31. Section 63G-18-317 is enacted to read:
702          63G-18-317. Unmanned aircraft in federally prohibited areas -- Penalties.
703          (1) Except as provided in Subsection (2), a private operator may not operate an
704     unmanned aircraft system in a manner that causes an unmanned aircraft to fly:
705          (a) within an area under a temporary flight restriction designated by the Federal
706     Aviation Administration; or
707          (b) in violation of a notice to airmen issued by the Federal Aviation Administration.
708          (2) A private operator may operate an unmanned aircraft system in a manner prohibited
709     under Subsection (1) if the private operator:

710          (a) receives written approval from the Federal Aviation Administration; and
711          (b) has, in the private operator's immediate possession, the written approval described
712     in Subsection (2)(a).
713          (3) A private operator who operates an unmanned aircraft system under a written
714     approval described in Subsection (2) shall, upon request from a representative of the Federal
715     Aviation Administration or a law enforcement officer, provide the approval to the
716     representative or officer.
717          (4) A private operator who violates:
718          (a) Subsection (1) is guilty of a class B misdemeanor; or
719          (b) Subsection (3) is guilty of an infraction.
720          Section 32. Section 63G-18-318 is enacted to read:
721          63G-18-318. Unmanned aircraft in state protected areas -- Penalties.
722          (1) Except as provided in Subsection (2), a private operator may not operate an
723     unmanned aircraft system so that an unmanned aircraft flies:
724          (a) within 1,000 feet of the grounds upon which the Utah State Capitol is located;
725          (b) in the airspace above the grounds upon which the Utah State Capitol is located;
726          (c) within 1,000 feet of the governor's mansion; or
727          (d) within 500 feet of an occupied structure that is more than 150 feet tall.
728          (2) A private operator may operate an unmanned aircraft system so that an unmanned
729     aircraft flies within an area prohibited under Subsection (1) if the private operator:
730          (a) receives written approval from the Department of Public Safety; and
731          (b) has, in the private operator's immediate possession, the written approval described
732     in Subsection (2)(a).
733          (3) A private operator who operates an unmanned aircraft system under a written
734     approval described in Subsection (2) shall, upon request from a representative of the Federal
735     Aviation Administration or a law enforcement officer, provide the written approval to the
736     representative or officer.
737          (4) A private operator who violates:
738          (a) Subsection (1) is guilty of a class C misdemeanor; or
739          (b) Subsection (3) is guilty of an infraction.
740          Section 33. Section 63G-18-319 is enacted to read:

741          63G-18-319. Unmanned aircraft and correctional facilities -- Penalties.
742          (1) As used in this section, "correctional facility" means the entirety of the grounds
743     upon which one of the following is located:
744          (a) a facility operated by or under contract with the Department of Corrections to
745     permanently house criminal offenders in a secure setting;
746          (b) a facility operated by a municipality or a county to house or detain criminal
747     offenders; or
748          (c) a juvenile detention facility.
749          (2) A private operator may not operate an unmanned aircraft system in a manner that
750     causes an unmanned aircraft to fly within 1,000 feet of a correctional facility, or the airspace
751     over a correctional facility, unless the private operator:
752          (a) receives written approval for the operation from the entity managing the operation
753     of the correctional facility; and
754          (b) has, in the private operator's immediate possession, the written approval described
755     in Subsection (2)(a).
756          (3) A private operator who operates an unmanned aircraft system under a written
757     approval described in Subsection (2) shall, upon request from one of the following individuals,
758     provide the written approval to the individual:
759          (a) a representative of the Federal Aviation Administration;
760          (b) a law enforcement officer; or
761          (c) an employee of the entity managing the operation of the correctional facility.
762          (4) A private operator who violates:
763          (a) Subsection (1) is guilty of a class B misdemeanor; or
764          (b) Subsection (3) is guilty of an infraction.
765          Section 34. Section 63G-18-320 is enacted to read:
766          63G-18-320. Unmanned aircraft in an enclosure -- Penalties.
767          (1) As used in this section:
768          (a) "Enclosure" means an area wholly or partially inside a manmade structure or natural
769     feature.
770          (b) "Enclosure" includes the area wholly or partially:
771          (i) inside a building or tent;

772          (ii) under a bridge, tunnel, overpass, or arch; or
773          (iii) in a cave or mine.
774          (2) A private operator may not operate an unmanned aircraft system so that an
775     unmanned aircraft flies in an enclosure unless the private operator:
776          (a) obtains written approval from:
777          (i) the owner of the enclosure in which the private operator flies the unmanned aircraft;
778          (ii) if applicable, the person organizing the event at which the private operator flies the
779     unmanned aircraft; and
780          (iii) if required by law, the Federal Aviation Administration in the form of a Certificate
781     of Waiver, Certificate of Authorization, or other exemption; and
782          (b) has, in the private operator's immediate possession, any written approval described
783     in Subsection (2)(a) obtained by the private operator.
784          (3) A private operator who operates an unmanned aircraft system under a written
785     approval described in Subsection (2) shall, upon request from a representative of the Federal
786     Aviation Administration or a law enforcement officer, provide the written approval to the
787     representative or officer.
788          (4) A private operator who violates:
789          (a) Subsection (2) is guilty of a class C misdemeanor; or
790          (b) Subsection (3) is guilty of an infraction.
791          Section 35. Section 63G-18-321 is enacted to read:
792          63G-18-321. Unmanned aircraft and emergencies -- Penalties.
793          (1) As used in this section, "apparent emergency" means that official emergency
794     response personnel have arrived at the scene of an incident.
795          (2) A private operator may not operate an unmanned aircraft system in a manner that
796     causes an unmanned aircraft to fly over the scene of an apparent emergency, or an area
797     immediately affected by an apparent emergency, unless the operator flies the unmanned aircraft
798     under the direction of the person coordinating the response to the apparent emergency.
799          (3) A private operator is guilty of a class B misdemeanor if, after receiving a written
800     warning from a law enforcement officer for a violation of Subsection (2), the private operator
801     subsequently violates Subsection (2).
802          Section 36. Section 63G-18-401 is enacted to read:

803     
Part 4. Education Institution Operation of Unmanned Aircraft

804          63G-18-401. Title.
805          This part is known as "Education Institution Operation of Unmanned Aircraft."
806          Section 37. Section 63G-18-402 is enacted to read:
807          63G-18-402. Definitions.
808          As used in this part:
809          (1) "Educational institution" means:
810          (a) an educational institution described in Section 53B-1-102 under the state system of
811     higher education; or
812          (b) a private institution of higher education in the state accredited by a regional or
813     national accrediting agency recognized by the United States Department of Education.
814          (2) "Educational operator" means an individual who operates an unmanned aircraft
815     system in the individual's official capacity as an employee or representative of an educational
816     institution.
817          Section 38. Section 63G-18-403 is enacted to read:
818          63G-18-403. Higher educational institution operation of unmanned aircraft.
819          (1) Except as provided in Subsection (4), an educational operator may not operate an
820     unmanned aircraft system unless:
821          (a) the educational operator has, in the educational operator's immediate possession:
822          (i) identification that:
823          (A) is issued by the educational institution for which the educational operator is
824     operating the unmanned aircraft system;
825          (B) indicates the educational operator's affiliation with the educational institution; and
826          (C) contains the educational operator's name and a photograph; and
827          (ii) a certificate of registration issued by the Federal Aviation Administration for the
828     unmanned aircraft system;
829          (b) if required by federal law or rule, the educational institution for which the
830     educational operator is operating the unmanned aircraft system has obtained a Certificate of
831     Waiver, Certificate of Authorization, or other exemption from the Federal Aviation
832     Administration that specifically authorizes the operation of the unmanned aircraft system;
833          (c) the educational operator has, in the educational operator's immediate possession, a

834     copy of any waiver, authorization, or exemption obtained under Subsection (1)(b); and
835          (d) the educational operator operates the unmanned aircraft system in accordance with
836     any waiver, authorization, or exemption obtained under Subsection (1)(b).
837          (2) Upon request from a representative of the Federal Aviation Administration or a law
838     enforcement officer, an educational operator shall provide the representative or officer:
839          (a) the identification described in Subsection (1)(a)(i);
840          (b) the certificate of registration described in Subsection (1)(a)(ii); or
841          (c) the waiver, authorization, or exemption described in Subsection (1)(b).
842          (3) An educational operator who violates Subsection (2) is guilty of an infraction.
843          (4) Unless required by federal law, an educational operator is not required to comply
844     with this section if the educational operator operates an unmanned aircraft system over property
845     that is owned by the educational institution for which the educational operator operates the
846     unmanned aircraft system.
847          Section 39. Section 63G-18-501 is enacted to read:
848     
Part 5. Commercial Operation of Unmanned Aircraft

849          63G-18-501. Title.
850          This part is known as "Commercial Operation of Unmanned Aircraft."
851          Section 40. Section 63G-18-502 is enacted to read:
852          63G-18-502. Definitions.
853          As used in this part, "valid identification" means:
854          (1) identification that:
855          (a) is issued by the corporate operator;
856          (b) indicates the individual's affiliation with the corporate operator; and
857          (c) contains the individual's name and a photograph; or
858          (2) a valid driver license or state-issued identification card.
859          Section 41. Section 63G-18-503 is enacted to read:
860          63G-18-503. Regulated use of commercial unmanned aircraft.
861          (1) A commercial operator may not operate an unmanned aircraft system for
862     commercial purposes, unless:
863          (a) the commercial operator is at least 17 years of age;
864          (b) the entity for which the commercial operator is operating the unmanned aircraft

865     system has obtained a Certificate of Waiver, Certificate of Authorization, or other exemption
866     from the Federal Aviation Administration that specifically authorizes the operation of the
867     unmanned aircraft system;
868          (c) the commercial operator has, in the commercial operator's immediate possession:
869          (i) valid identification;
870          (ii) a copy of a Certificate of Waiver, Certificate of Authorization, or other exemption
871     described in Subsection (1)(b); and
872          (iii) a certificate of registration issued by the Federal Aviation Administration for the
873     unmanned aircraft system;
874          (d) the commercial operator operates the unmanned aircraft system in accordance with
875     a Certificate of Waiver, Certificate of Authorization, or other exemption described in
876     Subsection (1)(b); and
877          (e) except as provided in Subsection (3), the commercial operator receives permission
878     from each landowner over which the commercial operator will fly an unmanned aircraft at less
879     than 400 feet above ground.
880          (2) Upon request from a representative of the Federal Aviation Administration or a law
881     enforcement officer, a commercial operator shall provide the representative or officer:
882          (a) valid identification;
883          (b) a Certificate of Waiver, Certificate of Authorization, or other exemption described
884     in Subsection (1)(b); or
885          (c) the certificate of registration described in Subsection (1)(c)(iii).
886          (3) A commercial operator is not required to obtain permission from a landowner under
887     Subsection (1)(e) to operate an unmanned aircraft at less than 400 feet above ground if an
888     altitude of less than 400 feet above the landowner's property is necessary in order to take off or
889     land at an airport, airfield, or runway.
890          (4) (a) A commercial operator who violates Subsection (1)(b) is guilty of a class B
891     misdemeanor.
892          (b) A commercial operator who violates Subsection (2) is guilty of an infraction.
893          Section 42. Section 63G-18-504 is enacted to read:
894          63G-18-504. Liability coverage required for commercial operation.
895          (1) Except as provided in Subsection (3), on or after July 1, 2017, a commercial

896     operator may not operate an unmanned aircraft system for commercial purposes unless:
897          (a) the unmanned aircraft system is covered under a policy of unmanned aircraft
898     liability coverage that complies with the requirements of Section 31A-22-2002; and
899          (b) the commercial operator has, in the commercial operator's immediate possession,
900     evidence of the unmanned aircraft liability coverage described in Subsection (1)(a).
901          (2) On or after July 1, 2017, upon request from a representative of the Federal Aviation
902     Administration or a law enforcement officer, a commercial operator shall provide the
903     representative or officer evidence of unmanned aircraft liability coverage described in
904     Subsection (1)(a).
905          (3) Notwithstanding Subsection (1), a commercial operator may operate an unmanned
906     aircraft system for commercial purposes without obtaining a policy of unmanned aircraft
907     liability coverage if the commercial operator only flies the unmanned aircraft controlled by the
908     unmanned aircraft system:
909          (a) for agricultural purposes; and
910          (b) over property owned by the commercial operator or a person with whom the
911     commercial operator has an agreement to operate the unmanned aircraft.
912          (4) (a) A commercial operator who violates Subsection (1)(a) is guilty of a class B
913     misdemeanor.
914          (b) A commercial operator who violates Subsection (2) is guilty of an infraction.
915          Section 43. Section 79-4-304 is amended to read:
916          79-4-304. Board rulemaking authority.
917          (1) (a) The board may make rules:
918          (i) governing the use of the state park system;
919          (ii) to protect state parks and their natural and cultural resources from misuse or
920     damage, including watersheds, plants, wildlife, and park amenities; and
921          (iii) to provide for public safety and preserve the peace within state parks.
922          (b) To accomplish the purposes stated in Subsection (1)(a), the board may enact rules
923     that:
924          (i) close or partially close state parks; [or]
925          (ii) establish use or access restrictions within state parks[.]; or
926          (iii) regulate the use of unmanned aircraft over state parks.

927          (c) Rules made under Subsection (1) may not have the effect of preventing the transfer
928     of livestock along a livestock highway established in accordance with Section 72-3-112.
929          (2) The board shall adopt appropriate rules governing the collection of charges under
930     Subsection 79-4-203(8).






Legislative Review Note
Office of Legislative Research and General Counsel