Representative Robert M. Spendlove proposes the following substitute bill:


1     
UNMANNED VEHICLE AMENDMENTS

2     
2016 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: David E. Lifferth

5     
Senate Sponsor: David P. Hinkins

6     

7     LONG TITLE
8     General Description:
9          This bill permits a public safety official to neutralize an unmanned aircraft that
10     interferes with a response to certain emergencies.
11     Highlighted Provisions:
12          This bill:
13          ▸     defines terms; and
14          ▸     permits a public safety official to neutralize an unmanned aircraft that interferes
15     with a response to certain emergencies.
16     Money Appropriated in this Bill:
17          None
18     Other Special Clauses:
19          None
20     Utah Code Sections Affected:
21     AMENDS:
22          63G-18-101, as last amended by Laws of Utah 2015, Chapter 269
23          63G-18-102, as last amended by Laws of Utah 2015, Chapter 269
24     ENACTS:
25          63G-18-106, Utah Code Annotated 1953
26     

27     Be it enacted by the Legislature of the state of Utah:
28          Section 1. Section 63G-18-101 is amended to read:
29     
CHAPTER 18. UNMANNED AIRCRAFT -- DRONES

30          63G-18-101. Title.
31          This chapter is known as [the "Government Use of Unmanned Aircraft Systems Act."]
32     "Unmanned Aircraft -- Drones."
33          Section 2. Section 63G-18-102 is amended to read:
34          63G-18-102. Definitions.
35          As used in this chapter:
36          (1) "Acute emergency" means a fire, a flood, extreme weather, a missing person
37     situation, or a natural or man-made disaster:
38          (a) that is expected to present an imminent threat to life or property, or to public health,
39     safety, or welfare for more than 24 hours; and
40          (b) (i) for which the Federal Aviation Administration designates a temporary flight
41     restriction; or
42          (ii) which receives designation as an emergency on a system managed by a federal,
43     state, or local government entity that disseminates emergency information to the public.
44          [(1)] (2) "Law enforcement agency" means an entity of the state or an entity of a
45     political subdivision of the state, including an entity of a state institution of higher education,
46     that exists primarily to prevent, detect, or prosecute crime and enforce criminal statutes or
47     ordinances.
48          (3) "Neutralize" means to force the termination of the operation of an unmanned
49     aircraft by:
50          (a) disabling or damaging the unmanned aircraft;
51          (b) interfering with any portion of the unmanned aircraft system associated with the
52     unmanned aircraft; or
53          (c) otherwise taking control of the unmanned aircraft or the unmanned aircraft system
54     associated with the unmanned aircraft.
55          [(2)] (4) "Nongovernment actor" means a person that is not:
56          (a) an agency, department, division, or other entity within state government;
57          (b) a person employed by or otherwise acting in an official capacity on behalf of the
58     state;
59          (c) a political subdivision of the state; or
60          (d) a person employed by or otherwise acting in an official capacity on behalf of a
61     political subdivision of the state.
62          (5) "Public safety official" means:
63          (a) a sworn and certified peace officer; or
64          (b) a firefighter who is:
65          (i) a member of a fire department or another public organization that provides fire
66     suppression service; and
67          (ii) authorized by the department or a public organization described in Subsection
68     (5)(b)(i) to neutralize an unmanned aircraft.
69          [(3)] (6) "Target" means a person upon whom, or a structure or area upon which, a
70     person:
71          (a) has intentionally collected or attempted to collect information through the operation
72     of an unmanned aircraft system; or
73          (b) plans to collect or attempt to collect information through the operation of an
74     unmanned aircraft system.
75          [(4)] (7) "Testing site" means an area that:
76          (a) has boundaries that are clearly identified using GPS coordinates;
77          (b) a law enforcement agency identifies in writing to the Department of Public Safety,
78     including the boundaries identified under Subsection (4)(a);
79          (c) is not more than three square miles; and
80          (d) contains no occupied structures.
81          [(5) (a)] (8) "Unmanned aircraft [system]" means an aircraft that is:
82          [(i) is] (a) capable of sustaining flight; and
83          [(ii) operates] (b) operated with no possible direct human intervention from on or
84     within the aircraft.
85          [(b) "Unmanned aircraft system" does not include an unmanned aircraft that is flown:]
86          [(i) within visual line of sight of the individual operating the aircraft; and]
87          [(ii) strictly for hobby or recreational purposes.]
88          (9) "Unmanned aircraft system" means the entire system used to operate an unmanned
89     aircraft, including:
90          (a) the unmanned aircraft;
91          (b) communications equipment
92          (c) navigation equipment;
93          (d) controllers;
94          (e) support equipment; and
95          (f) autopilot functionality.
96          Section 3. Section 63G-18-106 is enacted to read:
97          63G-18-106. Unmanned aircraft and emergency operations.
98          (1) Subject to the requirements of this section, a public safety official may neutralize an
99     unmanned aircraft that interferes with the response to an acute emergency if neutralizing the
100     unmanned aircraft is reasonably necessary to:
101          (a) protect an individual or property from hazards associated with the acute emergency;
102          (b) provide a safe environment for emergency response vehicles and personnel to
103     operate;
104          (c) prevent unsafe congestion of aircraft above or around the acute emergency; or
105          (d) protect a flight path of an aircraft being used to respond to the acute emergency.
106          (2) A public safety official may not neutralize an unmanned aircraft under this section
107     if neutralizing the unmanned aircraft:
108          (a) could reasonably cause or lead to the death of, or bodily injury to, a human; or
109          (b) is likely to cause or lead to:
110          (i) the death of, or bodily injury to, an animal; or
111          (ii) damage to private property, other than the unmanned aircraft, in an amount greater
112     than $5,000.
113          (3) A public safety official who neutralizes an unmanned aircraft in accordance with
114     this section shall neutralize the unmanned aircraft:
115          (a) in the most safe and practicable manner available; and
116          (b) in a manner that causes as little damage or destruction as possible, in light of the
117     circumstances, to the unmanned aircraft and other property.