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7 LONG TITLE
8 General Description:
9 This bill establishes provisions related to unmanned aircraft.
10 Highlighted Provisions:
11 This bill:
12 ▸ defines terms;
13 ▸ reorganizes existing code related to unmanned aircraft;
14 ▸ preempts local law;
15 ▸ amends provisions related to a law enforcement agency's use of an unmanned
16 aircraft;
17 ▸ establishes limitations and safety and use requirements for the operation of an
18 unmanned aircraft;
19 ▸ prohibits a person from:
20 • committing a trespass with an unmanned aircraft;
21 • committing a privacy violation with an unmanned aircraft; or
22 • committing voyeurism with an unmanned aircraft;
23 ▸ allows a law enforcement officer to neutralize an unmanned vehicle in certain
24 situations; 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 76-6-206, as last amended by Laws of Utah 2015, Chapter 412
35 76-9-402, as enacted by Laws of Utah 1973, Chapter 196
36 76-9-702.7, as last amended by Laws of Utah 2004, Chapter 52
37 ENACTS:
38 63G-18-106, Utah Code Annotated 1953
39 63G-18-107, Utah Code Annotated 1953
40 63G-18-201, Utah Code Annotated 1953
41 63G-18-202, Utah Code Annotated 1953
42 63G-18-301, Utah Code Annotated 1953
43 63G-18-302, Utah Code Annotated 1953
44 63G-18-303, Utah Code Annotated 1953
45 63G-18-401, Utah Code Annotated 1953
46 63G-18-402, Utah Code Annotated 1953
47 63G-18-403, Utah Code Annotated 1953
48 63G-18-501, Utah Code Annotated 1953
49 63G-18-502, Utah Code Annotated 1953
50 63G-18-503, Utah Code Annotated 1953
51 RENUMBERS AND AMENDS:
52 63G-18-203, (Renumbered from 63G-18-103, as last amended by Laws of Utah 2015,
53 Chapter 269)
54 63G-18-204, (Renumbered from 63G-18-104, as last amended by Laws of Utah 2015,
55 Chapter 269)
56 63G-18-205, (Renumbered from 63G-18-105, as last amended by Laws of Utah 2015,
57 Chapter 269)
58
59 Be it enacted by the Legislature of the state of Utah:
60 Section 1. Section 63G-18-101 is amended to read:
61
62 63G-18-101. Title.
63 This chapter is known as [
64 "Unmanned Vehicles -- Drones."
65 Section 2. Section 63G-18-102 is amended to read:
66 63G-18-102. Definitions.
67 As used in this chapter:
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89 (1) "Airport" means any area of land, water, or both that:
90 (a) is used or is made available for landing or takeoff by an aircraft;
91 (b) provides a facility for the shelter, supply, or repair of aircraft and the handling of
92 passengers and cargo;
93 (c) is identified in the current version of the Federal Aviation Administration's form
94 5010, Airport Master Record; and
95 (d) includes all land areas shown as part of the airport in the current airport layout plan
96 approved by the Federal Aviation Administration.
97 (2) (a) "Airport operator" means the entity that is authorized by statute to operate an
98 airport.
99 (b) "Airport operator" includes the department or division of a political subdivision
100 responsible for operating a specific airport.
101 (3) "Emergency" means:
102 (a) a natural or man-made disaster, a fire, a flood, or extreme weather; or
103 (b) a circumstance that presents an imminent threat to life or property, or public health,
104 safety, or welfare.
105 (4) "Law enforcement agency" means an entity of the state or an entity of a political
106 subdivision of the state, including an entity of a state institution of higher education, that exists
107 primarily to prevent, detect, or prosecute crime and enforce criminal statutes or ordinances.
108 (5) "Law enforcement officer" means a sworn and certified peace officer:
109 (a) who is an employee of a law enforcement agency that is part of, or administered by,
110 the state or a political subdivision of the state; and
111 (b) whose primary duties consist of the prevention and detection of crime and the
112 enforcement of criminal statutes or ordinances of the state or a political subdivision of the state.
113 [
114 [
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116 within the aircraft.
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120 [
121 (a) the unmanned aircraft, including payload;
122 (b) communications equipment;
123 (c) navigation equipment;
124 (d) controllers;
125 (e) support equipment; and
126 (f) autopilot functionality.
127 Section 3. Section 63G-18-106 is enacted to read:
128 63G-18-106. Preemption of local ordinance.
129 (1) A political subdivision of the state, or an entity within a political subdivision of the
130 state, may not enact a law, ordinance, or rule governing the private use of an unmanned aircraft
131 unless:
132 (a) authorized by this chapter; or
133 (b) the political subdivision or entity is an airport operator that enacts the law, rule, or
134 ordinance to govern:
135 (i) the operation of an unmanned aircraft within the geographic boundaries of the
136 airport over which the airport operator has authority; or
137 (ii) the takeoff or landing of an unmanned aircraft at the airport over which the airport
138 operator has authority.
139 (2) This chapter supercedes any law, ordinance, or rule enacted by a political
140 subdivision of the state before July 1, 2016.
141 Section 4. Section 63G-18-107 is enacted to read:
142 63G-18-107. Applicability.
143 The following parts do not apply to a person who operates an unmanned aircraft
144 system, including for commercial purposes, under a Certificate of Waiver, Certificate of
145 Authorization, or any other grant of authority obtained from the Federal Aviation
146 Administration that specifically authorizes the operation of the unmanned aircraft system:
147 (1) Title 63G, Chapter 18, Part 3, Criminal Use of Unmanned Aircraft; and
148 (2) Title 63G, Chapter 18, Part 4, Safe Use of Unmanned Aircraft.
149 Section 5. Section 63G-18-201 is enacted to read:
150
151 63G-18-201. Title.
152 This part is known as "Government Use of Unmanned Aircraft."
153 Section 6. Section 63G-18-202 is enacted to read:
154 63G-18-202. Definitions.
155 As used in this part:
156 (1) "Nongovernment actor" means a person that is not:
157 (a) an agency, department, division, or other entity within state government;
158 (b) employed by or otherwise acting in an official capacity on behalf of the state;
159 (c) a political subdivision of the state; or
160 (d) employed by or otherwise acting in an official capacity on behalf of a political
161 subdivision of the state.
162 (2) "Target" means a person upon whom, or a structure or area upon which, a person:
163 (a) has intentionally collected or attempted to collect information through the operation
164 of an unmanned aircraft system; or
165 (b) plans to collect or to attempt to collect information through the operation of an
166 unmanned aircraft system.
167 (3) "Testing site" means an area that:
168 (a) has boundaries that are clearly identified using GPS coordinates;
169 (b) a law enforcement agency identifies in writing to the Department of Public Safety,
170 including the boundaries identified under Subsection (3)(a);
171 (c) is not more than three square miles;
172 (d) contains no occupied structures; and
173 (e) a law enforcement agency intends to use for the testing of an unmanned aircraft
174 system.
175 Section 7. Section 63G-18-203, which is renumbered from Section 63G-18-103 is
176 renumbered and amended to read:
177 [
178 Exceptions -- Testing.
179 (1) A law enforcement agency may not obtain, receive, or use data acquired through an
180 unmanned aircraft system unless the data is obtained:
181 (a) pursuant to a search warrant;
182 (b) in accordance with judicially recognized exceptions to warrant requirements;
183 (c) (i) in a public location in which a person has no reasonable expectation of privacy;
184 and
185 (ii) while the unmanned aircraft controlled by the unmanned aircraft system is clearly
186 audible and visible without aid:
187 (A) by all persons who are targets; and
188 (B) from all portions of the area on which data is collected;
189 [
190 [
191 [
192 reasonable expectation of privacy.
193 (2) A nongovernment actor may only disclose data acquired through an unmanned
194 aircraft system to a law enforcement agency if:
195 (a) the data appears to pertain to the commission of a crime; or
196 (b) the nongovernment actor believes, in good faith, that:
197 (i) the data pertains to an imminent or ongoing emergency involving danger of death or
198 serious bodily injury to an individual; and
199 (ii) disclosing the data would assist in remedying the emergency.
200 (3) A law enforcement agency that obtains, receives, or uses data acquired under
201 Subsection (1)(d) or (e) shall destroy the data as soon as reasonably possible after the law
202 enforcement agency obtains, receives, or uses the data.
203 (4) A law enforcement agency that operates an unmanned aircraft system under
204 Subsection (1)(d) may not operate the unmanned aircraft system outside of the testing site.
205 Section 8. Section 63G-18-204, which is renumbered from Section 63G-18-104 is
206 renumbered and amended to read:
207 [
208 (1) Except as provided in this section, a law enforcement agency:
209 (a) may not use, copy, or disclose data collected by an unmanned aircraft system on a
210 person, structure, or area that is not a target; and
211 (b) shall ensure that data described in Subsection (1)(a) is destroyed as soon as
212 reasonably possible after the law enforcement agency collects or receives the data.
213 (2) A law enforcement agency is not required to comply with Subsection (1) if:
214 (a) deleting the data would also require the deletion of data that:
215 (i) relates to the target of the operation; and
216 (ii) is requisite for the success of the operation;
217 (b) the law enforcement agency receives the data:
218 (i) through a court order that:
219 (A) requires a person to release the data to the law enforcement agency; or
220 (B) prohibits the destruction of the data; or
221 (ii) from a person who is a nongovernment actor;
222 (c) (i) the data was collected inadvertently; and
223 (ii) the data appears to pertain to the commission of a crime;
224 (d) (i) the law enforcement agency reasonably determines that the data pertains to an
225 emergency situation; and
226 (ii) using or disclosing the data would assist in remedying the emergency; or
227 (e) the data was collected through the operation of an unmanned aircraft system over
228 public lands outside of municipal boundaries.
229 Section 9. Section 63G-18-205, which is renumbered from Section 63G-18-105 is
230 renumbered and amended to read:
231 [
232 (1) Except as provided by Subsections (2) and (3), before March 31 of each year, a law
233 enforcement agency that operated an unmanned aircraft system in the previous calendar year
234 shall submit to the Utah Department of Public Safety, and make public on the law enforcement
235 agency's website, a written report containing:
236 (a) the number of times the law enforcement agency operated an unmanned aircraft
237 system in the previous calendar year;
238 (b) the number of criminal investigations aided by the use of an unmanned aircraft
239 system operated by the law enforcement agency in the previous calendar year;
240 (c) a description of how the unmanned aircraft system was helpful to each investigation
241 described in Subsection (1)(b);
242 (d) the frequency with which data was collected, and the type of data collected, by an
243 unmanned aircraft system operated by the law enforcement agency on any person, structure, or
244 area other than a target in the previous calendar year;
245 (e) the number of times a law enforcement agency received, from a person who is not a
246 law enforcement agency, data collected by an unmanned aircraft system; and
247 (f) the total cost of the unmanned aircraft system program operated by the law
248 enforcement agency in the previous calendar year, including the source of any funds used to
249 operate the program.
250 (2) (a) A law enforcement agency that submits a report described in Subsection (1) may
251 exclude from the report information pertaining to an ongoing investigation.
252 (b) A law enforcement agency that excludes information under Subsection (2)(a) from
253 the report shall report the excluded information to the Utah Department of Public Safety on the
254 annual report in the year following the year in which the investigation to which the information
255 pertains is concluded.
256 (3) A law enforcement agency is not required to submit, under Subsection (1), to the
257 Department of Public Safety information pertaining to the use of an unmanned aircraft system
258 operated at a testing site.
259 (4) Before May 31 of each year, the Utah Department of Public Safety shall, for all
260 reports received under Subsection (1) during the previous calendar year:
261 (a) transmit to the Government Operations Interim Committee and post on the
262 department's website a report containing:
263 (i) a summary of the information reported to the department;
264 (ii) the total number of issued warrants authorizing the operation of an unmanned
265 aircraft system; and
266 (iii) the number of denied warrants for the operation of an unmanned aircraft system;
267 and
268 (b) post on the department's website each report the department received.
269 Section 10. Section 63G-18-301 is enacted to read:
270
271 63G-18-301. Title.
272 This part is known as "Criminal Use of Unmanned Aircraft."
273 Section 11. Section 63G-18-302 is enacted to read:
274 63G-18-302. Reserved.
275 Reserved
276 Section 12. Section 63G-18-303 is enacted to read:
277 63G-18-303. Weapon attached to unmanned aircraft -- Penalties.
278 (1) (a) As used in this section "weapon" means:
279 (i) a firearm; or
280 (ii) an object that in the manner of the object's use or intended use is capable of causing
281 death, serious bodily injury, or serious damage to property.
282 (b) The following factors are used in determining whether an object, other than a
283 firearm, is a dangerous weapon:
284 (i) the location and circumstances in which the object is used or possessed;
285 (ii) the primary purpose for which the object is made;
286 (iii) the character of the wound, if any, produced by the object's use;
287 (iv) the manner in which the object is used;
288 (v) whether the manner in which the object is used or possessed constitutes a potential
289 imminent threat to public safety; and
290 (vi) the lawful purposes for which the object may be used.
291 (2) (a) Except as provided in Subsection (3), a person may not fly an unmanned aircraft
292 that carries a weapon or to which a weapon is attached.
293 (b) A person that violates Subsection (2)(a) is guilty of a class B misdemeanor.
294 (3) A person may fly an unmanned aircraft that carries a weapon or to which a weapon
295 is attached if the person:
296 (a) (i) obtains a certificate of authorization, or other written approval, from the Federal
297 Aviation Administration authorizing the person to fly the unmanned aircraft that carries the
298 weapon or to which the weapon is attached; and
299 (ii) operates the unmanned aircraft in accordance with the certificate of authorization or
300 other written approval;
301 (b) (i) obtains a contract with the state or the federal government permitting the person
302 to fly the unmanned aircraft that carries the weapon or to which the weapon is attached; and
303 (ii) operates the unmanned aircraft in accordance with the contract; or
304 (c) operates the unmanned aircraft that carries the weapon or to which the weapon is
305 attached in airspace controlled by the United States Department of Defense, with the
306 permission of the United States Department of Defense.
307 Section 13. Section 63G-18-401 is enacted to read:
308
309 63G-18-401. Title.
310 This part is known as "Safe Use of Unmanned Aircraft."
311 Section 14. Section 63G-18-402 is enacted to read:
312 63G-18-402. Reserved.
313 Reserved
314 Section 15. Section 63G-18-403 is enacted to read:
315 63G-18-403. Safe operation of unmanned aircraft.
316 (1) A person that operates an unmanned aircraft system to fly an unmanned aircraft for
317 recreational purposes shall:
318 (a) maintain continuous line of sight with the unmanned aircraft, without the assistance
319 of another person or instrumentation other than corrective lenses;
320 (b) yield right of way to a manned aircraft; and
321 (c) before flying the unmanned aircraft within five miles of an airport, contact the
322 airport's operator to determine whether there are any restrictions relating to the operation of the
323 unmanned aircraft.
324 (2) A person that operates an unmanned aircraft system to fly an unmanned aircraft for
325 recreational purposes may not fly the unmanned aircraft:
326 (a) more than 400 feet above ground;
327 (b) within 25 linear or vertical feet of an individual;
328 (c) within 500 feet of:
329 (i) a power station;
330 (ii) a water treatment facility;
331 (iii) a correctional facility;
332 (iv) a freeway, state highway, or multi-lane road; or
333 (v) a government facility;
334 (d) in a manner that interferes with an official response to an emergency; or
335 (e) in a manner that interferes with an official response to a wildland fire, as that term
336 is defined in Section 65A-1-1.
337 (3) (a) A person that violates this section is liable for any damages resulting from the
338 violation.
339 (b) A law enforcement officer shall issue a written warning to a person that violates
340 this section and that has not previously received a written warning for a violation of this
341 section.
342 (c) Except as provided in Subsection (3)(d), a person that violates this section after
343 receiving a written warning for a previous violation of this section is guilty of an infraction.
344 (d) A person that violates this section is guilty of a class B misdemeanor for each
345 conviction of a violation of this section after the person is convicted of an infraction or a
346 misdemeanor for a previous violation of this section.
347 Section 16. Section 63G-18-501 is enacted to read:
348
349 63G-18-501. Title.
350 This part is known as "Unmanned Vehicles."
351 Section 17. Section 63G-18-502 is enacted to read:
352 63G-18-502. Definitions.
353 As used in this part:
354 (1) "Acute emergency" means a fire, a flood, extreme weather, a missing person
355 situation, or a natural or man-made disaster, or a circumstance that presents an imminent threat
356 to life or property, or to public health, safety, or welfare:
357 (a) for which the Federal Aviation Administration designates a temporary flight
358 restriction; or
359 (b) which receives designation as an emergency on a system managed by a federal,
360 state, or local government entity that disseminates emergency information to the public.
361 (2) "Law enforcement officer" includes a sworn and certified peace officer within:
362 (a) the Department of Natural Resources;
363 (b) the United States Forest Service;
364 (c) the Bureau of Land Management; or
365 (d) the National Park Service.
366 (3) "Neutralize" means to force the termination of the operation of an unmanned
367 vehicle by:
368 (a) disabling or damaging the unmanned vehicle;
369 (b) interfering with any portion of the unmanned vehicle system associated with the
370 unmanned vehicle; or
371 (c) otherwise taking control of the unmanned vehicle or the unmanned vehicle system
372 associated with the unmanned vehicle.
373 (4) "Unmanned vehicle" means a device that:
374 (a) is self propelled;
375 (b) may travel through air or on or under water; and
376 (c) is operated with no possible direct human intervention from on or within the
377 device.
378 (5) "Unmanned vehicle system" means the entire system used to operate an unmanned
379 vehicle, including:
380 (a) the unmanned vehicle, including payload;
381 (b) communications equipment;
382 (c) navigation equipment;
383 (d) controllers;
384 (e) support equipment; and
385 (f) autopilot functionality.
386 Section 18. Section 63G-18-503 is enacted to read:
387 63G-18-503. Neutralizing unmanned vehicles .
388 (1) (a) A person may not operate an unmanned vehicle system in a manner that causes
389 an unmanned vehicle to:
390 (i) threaten the safety of an individual or property immediately affected by an acute
391 emergency;
392 (ii) threaten the safety or operation of a response vehicle or a person that is responding
393 to an acute emergency;
394 (iii) create unsafe congestion of aircraft or vehicles above or around an acute
395 emergency; or
396 (iv) obstruct the flight path of an aircraft being used to respond to an acute emergency.
397 (b) A person that violates Subsection (1)(a) is guilty of a class B misdemeanor.
398 (c) In accordance with this section, a law enforcement officer may neutralize an
399 unmanned vehicle that is operated in violation of Subsection (1)(a).
400 (2) A law enforcement officer may not neutralize an unmanned vehicle under this
401 section if neutralizing the unmanned vehicle:
402 (a) could reasonably cause or lead to the death of, or bodily injury to, an individual; or
403 (b) is likely to cause or lead to:
404 (i) the death of, or bodily injury to, an animal; or
405 (ii) damage to private property, other than the unmanned vehicle system, in an amount
406 greater than $5,000.
407 (3) Except as provided in Subsection (2), a law enforcement officer may neutralize an
408 unmanned vehicle operated in violation of Subsection (1)(a) after:
409 (a) a law enforcement officer has made a reasonable effort to:
410 (i) locate the individual operating the unmanned vehicle system; and
411 (ii) warn the individual that the unmanned vehicle operated by the individual:
412 (A) is operating in violation of Subsection (1)(a); and
413 (B) may be neutralized if the individual continues to operate the unmanned vehicle in
414 violation of Subsection (1)(a); and
415 (b) the law enforcement officer, or the agency to which the law enforcement officer
416 belongs, receives approval to neutralize the unmanned vehicle from the director of the
417 governmental entity that is coordinating the response to the emergency, or the director's
418 designee.
419 (4) A law enforcement officer who neutralizes an unmanned vehicle in accordance
420 with this section shall neutralize the unmanned vehicle:
421 (a) in the most safe and practicable manner available; and
422 (b) in a manner that causes as little damage or destruction as possible to the unmanned
423 vehicle system and other property.
424 Section 19. Section 76-6-206 is amended to read:
425 76-6-206. Criminal trespass.
426 (1) As used in this section[
427 (a) "Enter" means intrusion of the entire body[
428 (b) "Remains unlawfully," as that term relates to an unmanned aircraft, means
429 remaining on or over private property when:
430 (i) the private property or any portion of the private property is not open to the public;
431 and
432 (ii) the person operating the unmanned aircraft is not otherwise licensed or privileged
433 to fly the unmanned aircraft over the private property or any portion of the private property.
434 (2) A person is guilty of criminal trespass if, under circumstances not amounting to
435 burglary as defined in Section 76-6-202, 76-6-203, or 76-6-204 or a violation of Section
436 76-10-2402 regarding commercial obstruction:
437 (a) the person enters or remains unlawfully on , or causes an unmanned aircraft to enter
438 and remain unlawfully over, property and:
439 (i) intends to cause annoyance or injury to any person or damage to any property,
440 including the use of graffiti as defined in Section 76-6-107;
441 (ii) intends to commit any crime, other than theft or a felony; or
442 (iii) is reckless as to whether [
443 cause fear for the safety of another;
444 (b) knowing the person's or unmanned aircraft's entry or presence is unlawful, the
445 person enters or remains on , or causes an unmanned aircraft to enter or remain unlawfully over,
446 property [
447 (i) personal communication to the [
448 apparent authority to act for the owner;
449 (ii) fencing or other enclosure obviously designed to exclude intruders; or
450 (iii) posting of signs reasonably likely to come to the attention of intruders; or
451 (c) the person enters a condominium unit in violation of Subsection 57-8-7(8).
452 (3) (a) A violation of Subsection (2)(a) or (b) is a class B misdemeanor unless [
453 the violation is committed in a dwelling, in which event [
454 misdemeanor.
455 (b) A violation of Subsection (2)(c) is an infraction.
456 (4) It is a defense to prosecution under this section that:
457 (a) the property was at the time open to the public; and
458 (b) the actor complied with all lawful conditions imposed on access to or remaining on
459 the property.
460 Section 20. Section 76-9-402 is amended to read:
461 76-9-402. Privacy violation.
462 (1) A person is guilty of privacy violation if, except as authorized by law, [
463 person:
464 (a) [
465 or other surveillance in a private place; [
466 (b) [
467 without the consent of the person or persons entitled to privacy [
468 device for observing, photographing, hearing, recording, amplifying, or broadcasting sounds or
469 events in the private place [
470 (c) [
471 photographing, hearing, recording, amplifying, or broadcasting sounds or events originating in
472 the private place which would not ordinarily be audible, visible, or comprehensible outside the
473 private place , without the consent of the person or persons entitled to privacy [
474 private place .
475 (2) Privacy violation is a class B misdemeanor.
476 Section 21. Section 76-9-702.7 is amended to read:
477 76-9-702.7. Voyeurism offenses -- Penalties.
478 (1) A person is guilty of voyeurism who intentionally uses a camcorder, motion picture
479 camera, photographic camera of any type, unmanned aircraft, or other equipment that is
480 concealed or disguised to secretly or surreptitiously videotape, film, photograph, record, or
481 view by electronic means an individual:
482 (a) for the purpose of viewing any portion of the individual's body regarding which the
483 individual has a reasonable expectation of privacy, whether or not that portion of the body is
484 covered with clothing;
485 (b) without the knowledge or consent of the individual; and
486 (c) under circumstances in which the individual has a reasonable expectation of
487 privacy.
488 (2) A violation of Subsection (1) is a class A misdemeanor, except that a violation of
489 Subsection (1) committed against a child under 14 years of age is a third degree felony.
490 (3) Distribution or sale of any images, including in print, electronic, magnetic, or
491 digital format, obtained under Subsection (1) by transmission, display, or dissemination is a
492 third degree felony, except that if the violation of this Subsection (3) includes images of a child
493 under 14 years of age, the violation is a second degree felony.
494 (4) A person is guilty of voyeurism who, under circumstances not amounting to a
495 violation of Subsection (1), views or attempts to view an individual, with or without the use of
496 any instrumentality:
497 (a) with the intent of viewing any portion of the individual's body regarding which the
498 individual has a reasonable expectation of privacy, whether or not that portion of the body is
499 covered with clothing;
500 (b) without the knowledge or consent of the individual; and
501 (c) under circumstances in which the individual has a reasonable expectation of
502 privacy.
503 (5) A violation of Subsection (4) is a class B misdemeanor, except that a violation of
504 Subsection (4) committed against a child under 14 years of age is a class A misdemeanor.