1     
GOVERNMENT USE OF UNMANNED AERIAL VEHICLES -

2     
AMENDMENTS

3     
2015 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: Scott D. Sandall

6     
Senate Sponsor: Alvin B. Jackson

7     

8     LONG TITLE
9     General Description:
10          This bill amends the provisions of Title 63G, Chapter 18, Government Use of
11     Unmanned Aerial Vehicles Act.
12     Highlighted Provisions:
13          This bill:
14          ▸     allows a law enforcement agency to use an unmanned aircraft system to collect
15     certain types of data;
16          ▸     institutes testing requirements for a law enforcement agency's use of an unmanned
17     aircraft system;
18          ▸     amends the reporting requirements for a law enforcement agency that operates an
19     unmanned aircraft system; and
20          ▸     makes technical changes.
21     Money Appropriated in this Bill:
22          None
23     Other Special Clauses:
24          This bill provides a special effective date.
25     Utah Code Sections Affected:
26     AMENDS:
27          63G-18-101, as enacted by Laws of Utah 2014, Chapter 399
28          63G-18-102, as enacted by Laws of Utah 2014, Chapter 399
29          63G-18-103, as enacted by Laws of Utah 2014, Chapter 399
30          63G-18-104, as enacted by Laws of Utah 2014, Chapter 399
31          63G-18-105, as enacted by Laws of Utah 2014, Chapter 399
32     

33     Be it enacted by the Legislature of the state of Utah:
34          Section 1. Section 63G-18-101 is amended to read:
35     
CHAPTER 18. GOVERNMENT USE OF UNMANNED

36     
AIRCRAFT SYSTEMS ACT

37          63G-18-101. Title.
38          This chapter is known as the "Government Use of Unmanned [Aerial Vehicles] Aircraft
39     Systems Act."
40          Section 2. Section 63G-18-102 is amended to read:
41          63G-18-102. Definitions.
42          As used in this chapter:
43          (1) "Law enforcement agency" means an entity of the state or an entity of a political
44     subdivision of the state, including an entity of a state institution of higher education, that exists
45     primarily to prevent, detect, or prosecute crime and enforce criminal statutes or ordinances.
46          (2) "Nongovernment actor" means a person that is not:
47          (a) an agency, department, division, or other entity within state government;
48          (b) a person employed by or otherwise acting in an official capacity on behalf of the
49     state;
50          (c) a political subdivision of the state; or
51          (d) a person employed by or otherwise acting in an official capacity on behalf of a
52     political subdivision of the state.
53          (3) "Target" means a person upon whom, or a structure or area upon which, a person:
54          (a) has intentionally collected or attempted to collect information through the operation
55     of an unmanned [aerial vehicle] aircraft system; or
56          (b) plans to collect or attempt to collect information through the operation of an
57     unmanned [aerial vehicle] aircraft system.
58          (4) "Testing site" means an area that:
59          (a) has boundaries that are clearly identified using GPS coordinates;
60          (b) a law enforcement agency identifies in writing to the Department of Public Safety,
61     including the boundaries identified under Subsection (4)(a);
62          (c) is not more than three square miles; and
63          (d) contains no occupied structures.
64          [(4)] (5) (a) "Unmanned [aerial vehicle] aircraft system" means an aircraft that:
65          (i) is capable of sustaining flight; and
66          (ii) operates with no possible direct human intervention from on or within the aircraft.
67          (b) "Unmanned [aerial vehicle] aircraft system" does not include an unmanned aircraft
68     that is flown:
69          (i) within visual line of sight of the individual operating the aircraft; and
70          (ii) strictly for hobby or recreational purposes.
71          Section 3. Section 63G-18-103 is amended to read:
72          63G-18-103. Unmanned aircraft system use requirements -- Exceptions --
73     Testing.
74          (1) A law enforcement agency may not obtain, receive, or use data acquired through an
75     unmanned [aerial vehicle] aircraft system unless the data is obtained:
76          (a) pursuant to a search warrant;
77          (b) in accordance with judicially recognized exceptions to warrant requirements; [or]
78          (c) subject to Subsection (2), from a person who is a nongovernment actor[.];
79          (d) at a testing site; or
80          (e) to locate a lost or missing person in an area in which a person has no reasonable
81     expectation of privacy.
82          (2) A nongovernment actor may only disclose data acquired through an unmanned
83     [aerial vehicle] aircraft system to a law enforcement agency if:
84          (a) the data appears to pertain to the commission of a crime; or
85          (b) the nongovernment actor believes, in good faith, that:
86          (i) the data pertains to an imminent or ongoing emergency involving danger of death or
87     serious bodily injury to an individual; and
88          (ii) disclosing the data would assist in remedying the emergency.
89          (3) A law enforcement agency that obtains, receives, or uses data acquired under
90     Subsection (1)(d) or (e) shall destroy the data as soon as reasonably possible after the law
91     enforcement agency obtains, receives, or uses the data.
92          (4) A law enforcement agency that operates an unmanned aircraft system under
93     Subsection (1)(d) may not operate the unmanned aircraft system outside of the testing site.
94          Section 4. Section 63G-18-104 is amended to read:
95          63G-18-104. Data retention.
96          (1) Except as provided in this section, a law enforcement agency:
97          (a) may not use, copy, or disclose data collected by an unmanned [aerial vehicle]
98     aircraft system on a person, structure, or area that is not a target; and
99          (b) shall ensure that data described in Subsection (1)(a) is destroyed as soon as
100     reasonably possible after the law enforcement agency collects or receives the data.
101          (2) A law enforcement agency is not required to comply with Subsection (1) if:
102          (a) deleting the data would also require the deletion of data that:
103          (i) relates to the target of the operation; and
104          (ii) is requisite for the success of the operation;
105          (b) the law enforcement agency receives the data:
106          (i) through a court order that:
107          (A) requires a person to release the data to the law enforcement agency; or
108          (B) prohibits the destruction of the data; or
109          (ii) from a person who is a nongovernment actor;
110          (c) (i) the data was collected inadvertently; and
111          (ii) the data appears to pertain to the commission of a crime;
112          (d) (i) the law enforcement agency reasonably determines that the data pertains to an
113     emergency situation; and
114          (ii) using or disclosing the data would assist in remedying the emergency; or
115          (e) the data was collected through the operation of an unmanned [aerial vehicle]
116     aircraft system over public lands outside of municipal boundaries.
117          Section 5. Section 63G-18-105 is amended to read:
118          63G-18-105. Reporting.
119          (1) [(a)] Except as provided by [Subsection (1)(b)] Subsections (2) and (3), before
120     March 31 of each year, a law enforcement agency that operated an unmanned [aerial vehicle]
121     aircraft system in the previous calendar year shall submit to the Utah Department of Public
122     Safety, and make public on the law enforcement agency's website, a written report containing:
123          [(i)] (a) the number of times the law enforcement agency operated an unmanned [aerial
124     vehicle] aircraft system in the previous calendar year;
125          [(ii)] (b) the number of criminal investigations aided by the use of an unmanned [aerial
126     vehicle] aircraft system operated by the law enforcement agency in the previous calendar year;
127          [(iii)] (c) a description of how the unmanned [aerial vehicle] aircraft system was
128     helpful to each investigation described in Subsection (1)[(a)(ii)](b);
129          [(iv)] (d) the frequency with which data was collected, and the type of data collected,
130     by an unmanned [aerial vehicle] aircraft system operated by the law enforcement agency on any
131     person, structure, or area other than a target in the previous calendar year;
132          [(v)] (e) the number of times a law enforcement agency received, from a person who is
133     not a law enforcement agency, data collected by an unmanned [aerial vehicle] aircraft system;
134     and
135          [(vi)] (f) the total cost of the unmanned [aerial vehicle] aircraft system program
136     operated by the law enforcement agency in the previous calendar year[.], including the source
137     of any funds used to operate the program.
138          [(b) (i)] (2) (a) A law enforcement agency that submits a report described in Subsection
139     (1)[(a)] may exclude from the report information pertaining to an ongoing investigation.
140          [(ii)] (b) A law enforcement agency that excludes information under Subsection
141     [(1)(b)(i)] (2)(a) from the report shall report the excluded information to the Utah Department
142     of Public Safety on the annual report in the year following the year in which the [information
143     was excluded] investigation to which the information pertains is concluded.
144          (3) A law enforcement agency is not required to submit, under Subsection (1), to the
145     Department of Public Safety information pertaining to the use of an unmanned aircraft system
146     operated at a testing site.
147          [(2)] (4) Before May 31 of each year, the Utah Department of Public Safety shall, for
148     all reports received under Subsection (1) during the previous calendar year:
149          (a) transmit to the Government Operations Interim Committee and post on the
150     department's website a report containing:
151          (i) a summary of the information reported to the department;
152          (ii) the total number of issued warrants authorizing the operation of an unmanned
153     [aerial vehicle] aircraft system; and
154          (iii) the number of denied warrants for the operation of an unmanned [aerial vehicle]
155     aircraft system; and
156          (b) post on the department's website each report the department received.
157          Section 6. Effective date.
158          If approved by two-thirds of all the members elected to each house, this bill takes effect
159     upon approval by the governor, or the day following the constitutional time limit of Utah
160     Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
161     the date of veto override.