Senator Wayne A. Harper proposes the following substitute bill:


1     
UNMANNED AIRCRAFT AMENDMENTS

2     
2017 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Wayne A. Harper

5     
House Sponsor: Kay J. Christofferson

6     

7     LONG TITLE
8     General Description:
9          This bill modifies and 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 laws related to unmanned aircraft;
15          ▸     exempts unmanned aircraft from registration with the state of Utah;
16          ▸     enacts provisions related to operation of unmanned aircraft by law enforcement,
17     including:
18               •     data collection, reporting, retention, and use;
19               •     use of an unmanned aircraft for law enforcement operations; and
20               •     use of data obtained by an unmanned aircraft operated by a civilian;
21          ▸     establishes certain safety requirements and limitations for the operation of an
22     unmanned aircraft;
23          ▸     prohibits use of an unmanned aircraft equipped with a weapon;
24          ▸     prohibits a person from:
25               •     committing trespass with an unmanned aircraft;
26               •     committing a privacy violation with an unmanned aircraft; or
27               •     committing voyeurism with an unmanned aircraft;
28          ▸     establishes criminal penalties; and
29          ▸     makes technical changes
30     Money Appropriated in this Bill:
31          None
32     Other Special Clauses:
33          None
34     Utah Code Sections Affected:
35     AMENDS:
36          72-10-109, as renumbered and amended by Laws of Utah 1998, Chapter 270
37          76-6-206, as last amended by Laws of Utah 2015, Chapter 412
38          76-9-402, as enacted by Laws of Utah 1973, Chapter 196
39          76-9-702.7, as last amended by Laws of Utah 2004, Chapter 52
40     ENACTS:
41          72-14-103, Utah Code Annotated 1953
42          72-14-104, Utah Code Annotated 1953
43          72-14-201, Utah Code Annotated 1953
44          72-14-202, Utah Code Annotated 1953
45          72-14-205, Utah Code Annotated 1953
46          72-14-301, Utah Code Annotated 1953
47          72-14-302, Utah Code Annotated 1953
48          72-14-303, Utah Code Annotated 1953
49          72-14-401, Utah Code Annotated 1953
50          72-14-402, Utah Code Annotated 1953
51          72-14-403, Utah Code Annotated 1953
52     RENUMBERS AND AMENDS:
53          72-14-101, (Renumbered from 63G-18-101, as last amended by Laws of Utah 2016,
54     Chapter 101)
55          72-14-102, (Renumbered from 63G-18-102, as last amended by Laws of Utah 2015,
56     Chapter 269)
57          72-14-203, (Renumbered from 63G-18-103, as last amended by Laws of Utah 2015,
58     Chapter 269)
59          72-14-204, (Renumbered from 63G-18-104, as last amended by Laws of Utah 2015,
60     Chapter 269)
61     REPEALS:
62          63G-18-105, as last amended by Laws of Utah 2015, Chapter 269
63     

64     Be it enacted by the Legislature of the state of Utah:
65          Section 1. Section 72-10-109 is amended to read:
66          72-10-109. Certificate of registration of aircraft required -- Exceptions.
67          (1) (a) A person may not operate, pilot, or navigate, or cause or authorize to be
68     operated, piloted, or navigated within this state any civil aircraft located in this state unless the
69     aircraft has a current certificate of registration issued by this state through the county in which
70     the aircraft is located.
71          (b) This restriction does not apply to aircraft licensed by a foreign country with which
72     the United States has a reciprocal agreement covering the operations of the registered aircraft
73     or to a non-passenger-carrying flight solely for inspection or test purposes authorized by the
74     Federal Aviation Administration to be made without the certificate of registration.
75          (2) Aircraft assessed by the State Tax Commission are exempt from the state
76     registration requirement under Subsection (1).
77          (3) Unmanned aircraft as defined in Section 72-14-102 are exempt from the state
78     registration requirement under Subsection (1).
79          Section 2. Section 72-14-101, which is renumbered from Section 63G-18-101 is
80     renumbered and amended to read:
81     
CHAPTER 14. UNMANNED AIRCRAFT -- DRONES

82     
Part 1. General Provisions

83          [63G-18-101].      72-14-101. Title.
84          This chapter is known as "Unmanned Aircraft -- Drones."
85          Section 3. Section 72-14-102, which is renumbered from Section 63G-18-102 is
86     renumbered and amended to read:
87          [63G-18-102].      72-14-102. Definitions.
88          As used in this chapter:
89          [(1) "Law enforcement agency" means an entity of the state or an entity of a political
90     subdivision of the state, including an entity of a state institution of higher education, that exists
91     primarily to prevent, detect, or prosecute crime and enforce criminal statutes or ordinances.]
92          [(2) "Nongovernment actor" means a person that is not:]
93          [(a) an agency, department, division, or other entity within state government;]
94          [(b) a person employed by or otherwise acting in an official capacity on behalf of the
95     state;]
96          [(c) a political subdivision of the state; or]
97          [(d) a person employed by or otherwise acting in an official capacity on behalf of a
98     political subdivision of the state.]
99          [(3) "Target" means a person upon whom, or a structure or area upon which, a person:]
100          [(a) has intentionally collected or attempted to collect information through the
101     operation of an unmanned aircraft system; or]
102          [(b) plans to collect or attempt to collect information through the operation of an
103     unmanned aircraft system.]
104          [(4) "Testing site" means an area that:]
105          [(a) has boundaries that are clearly identified using GPS coordinates;]
106          [(b) a law enforcement agency identifies in writing to the Department of Public Safety,
107     including the boundaries identified under Subsection (4)(a);]
108          [(c) is not more than three square miles; and]
109          [(d) contains no occupied structures.]
110          (1) "Airport" means the same as that term is defined in Section 72-10-102.
111          (2) "Airport operator" means the same as that term is defined in Section 72-10-102.
112          [(5) (a)] (3) "Unmanned aircraft [system]" means an aircraft that is:
113          [(i)] (a) [is] capable of sustaining flight; and
114          [(ii)] (b) [operates] operated with no possible direct human intervention from on or
115     within the aircraft.
116          [(b)] (4) "Unmanned aircraft system" [does not include an unmanned aircraft that is
117     flown] means the entire system used to operate an unmanned aircraft, including:
118          [(i) within visual line of sight of the individual operating the aircraft; and]
119          [(ii) strictly for hobby or recreational purposes.]
120          (a) the unmanned aircraft, including payload;
121          (b) communications equipment;
122          (c) navigation equipment;
123          (d) controllers;
124          (e) support equipment; and
125          (f) autopilot functionality.
126          Section 4. Section 72-14-103 is enacted to read:
127          72-14-103. Preemption of local ordinance.
128          (1) A political subdivision of the state, or an entity within a political subdivision of the
129     state, may not enact a law, ordinance, or rule governing the private use of an unmanned aircraft
130     unless:
131          (a) authorized by this chapter; or
132          (b) the political subdivision or entity is an airport operator that enacts the law, rule, or
133     ordinance to govern:
134          (i) the operation of an unmanned aircraft within the geographic boundaries of the
135     airport over which the airport operator has authority; or
136          (ii) the takeoff or landing of an unmanned aircraft at the airport over which the airport
137     operator has authority.
138          (2) This chapter supersedes any law, ordinance, or rule enacted by a political
139     subdivision of the state before July 1, 2017.
140          Section 5. Section 72-14-104 is enacted to read:
141          72-14-104. Applicability.
142          The following parts do not apply to a person who operates an unmanned aircraft
143     system, including for commercial purposes, pursuant to and in compliance with Federal
144     Aviation Administration regulations, authorization, or exemptions:
145          (1) Title 72, Chapter 14, Part 3, Unlawful Use of Unmanned Aircraft; and
146          (2) Title 72, Chapter 14, Part 4, Safe Use of Unmanned Aircraft.
147          Section 6. Section 72-14-201 is enacted to read:
148     
Part 2. Law Enforcement Use of Unmanned Aircraft

149          72-14-201. Title.
150          This part is known as "Law Enforcement Use of Unmanned Aircraft."
151          Section 7. Section 72-14-202 is enacted to read:
152          72-14-202. Definitions.
153          As used in this part:
154          (1) "Civilian" means a person that is not a law enforcement officer.
155          (2) "Law enforcement agency" means the same as that term is defined in Section
156     53-3-102.
157          (3) "Law enforcement officer" means the same as that term is defined in Section
158     53-13-103.
159          (4) "Target" means a person upon whom, or an object, structure, or area upon which,
160     another person:
161          (a) has intentionally collected or attempted to collect information through the operation
162     of an unmanned aircraft system; or
163          (b) intends to collect or to attempt to collect information through the operation of an
164     unmanned aircraft system.
165          Section 8. Section 72-14-203, which is renumbered from Section 63G-18-103 is
166     renumbered and amended to read:
167          [63G-18-103].      72-14-203. Unmanned aircraft system use requirements --
168     Exceptions.
169          (1) A law enforcement agency or officer may not obtain, receive, or use data acquired
170     through an unmanned aircraft system unless the data is obtained:
171          (a) pursuant to a search warrant;
172          (b) in accordance with judicially recognized exceptions to warrant requirements;
173          (c) in a public location in which a person has no reasonable expectation of privacy; or
174          [(c)] (d) subject to Subsection (2), from a person who is a nongovernment actor[;].
175          [(d) at a testing site; or]
176          [(e) to locate a lost or missing person in an area in which a person has no reasonable
177     expectation of privacy.]
178          (2) A nongovernment actor may [only] disclose to a law enforcement officer or agency
179     data acquired through an unmanned aircraft system [to a law enforcement agency] and a law
180     enforcement officer or agency may only use the data for law enforcement purposes if:
181          (a) the data appears to pertain to the commission of a crime; or
182          (b) the [nongovernment actor] law enforcement agency or officer believes, in good
183     faith, that:
184          (i) the data pertains to an imminent or ongoing emergency involving danger of death or
185     serious bodily injury to an individual; and
186          (ii) disclosing the data would assist in remedying the emergency.
187          (3) A law enforcement agency or officer that obtains, receives, or uses data acquired
188     [under Subsection (1)(d) or (e)] through the use of an unmanned aircraft system or through
189     Subsection (2) shall destroy the data as soon as reasonably possible after the law enforcement
190     agency or officer obtains, receives, or uses the data subject to an applicable retention schedule
191     under Title 63G, Chapter 2, Government Records Access and Management Act, or a federal,
192     state, or local law.
193          [(4) A law enforcement agency that operates an unmanned aircraft system under
194     Subsection (1)(d) may not operate the unmanned aircraft system outside of the testing site.]
195          Section 9. Section 72-14-204, which is renumbered from Section 63G-18-104 is
196     renumbered and amended to read:
197          [63G-18-104].      72-14-204. Data retention.
198          (1) Except as provided in this section, a law enforcement agency:
199          (a) may not use, copy, or disclose data collected by an unmanned aircraft system on a
200     person, structure, or area that is not a target; and
201          (b) in accordance with applicable federal, state, and local laws, shall ensure that data
202     described in Subsection (1)(a) is destroyed as soon as reasonably possible after the law
203     enforcement agency collects or receives the data.
204          (2) A law enforcement agency is not required to comply with Subsection (1) if:
205          (a) deleting the data would also require the deletion of data that:
206          (i) relates to the target of the operation; and
207          (ii) is requisite for the success of the operation;
208          (b) the law enforcement agency receives the data:
209          (i) through a court order that:
210          (A) requires a person to release the data to the law enforcement agency; or
211          (B) prohibits the destruction of the data; or
212          (ii) from a person who is a nongovernment actor;
213          (c) (i) the data was collected inadvertently; and
214          (ii) the data appears to pertain to the commission of a crime;
215          (d) (i) the law enforcement agency reasonably determines that the data pertains to an
216     emergency situation; and
217          (ii) using or disclosing the data would assist in remedying the emergency; or
218          (e) the data was collected through the operation of an unmanned aircraft system over
219     public lands outside of municipal boundaries.
220          Section 10. Section 72-14-205 is enacted to read:
221          72-14-205. Reporting.
222          (1) As used in this section, "law enforcement encounter" means the same as that term is
223     defined in Section 77-7a-103.
224          (2) A law enforcement officer or agency that operates an unmanned aircraft system
225     while on duty or acting in the law enforcement officer's or agency's official capacity, or obtains
226     or receives data in accordance with Section 72-14-203, shall document the following in any
227     report or other official record of the law enforcement encounter:
228          (a) the presence and use of the unmanned aircraft;
229          (b) any data acquired; and
230          (c) if applicable, the person from whom data was received in accordance with
231     Subsection 72-14-203(2).
232          Section 11. Section 72-14-301 is enacted to read:
233     
Part 3. Unlawful Use of Unmanned Aircraft

234          72-14-301. Title.
235          This part is known as "Unlawful Use of Unmanned Aircraft."
236          Section 12. Section 72-14-302 is enacted to read:
237          72-14-302. Reserved.
238          Reserved.
239          Section 13. Section 72-14-303 is enacted to read:
240          72-14-303. Weapon attached to unmanned aircraft -- Penalties.
241          (1) As used in this section "weapon" means:
242          (a) a firearm as described in Section 76-10-501; or
243          (b) an object that in the manner of the object's use or intended use is capable of causing
244     death, bodily injury, or damage to property, as determined according to the following factors:
245          (i) the location and circumstances in which the object is used or possessed;
246          (ii) the primary purpose for which the object is made;
247          (iii) the character of the damage, if any, the object is likely cause;
248          (iv) the manner in which the object is used;
249          (v) whether the manner in which the object is used or possessed constitutes a potential
250     imminent threat to public safety; and
251          (vi) the lawful purposes for which the object may be used.
252          (2) (a) Except as provided in Subsection (3), a person may not fly an unmanned aircraft
253     that carries a weapon or to which a weapon is attached.
254          (b) A person that violates Subsection (2)(a) is guilty of a class B misdemeanor.
255          (3) A person may fly an unmanned aircraft that carries a weapon or to which a weapon
256     is attached if the person:
257          (a) (i) obtains a certificate of authorization, or other written approval, from the Federal
258     Aviation Administration authorizing the person to fly the unmanned aircraft that carries the
259     weapon or to which the weapon is attached; and
260          (ii) operates the unmanned aircraft in accordance with the certificate of authorization or
261     other written approval;
262          (b) (i) obtains a contract with the state or the federal government permitting the person
263     to fly the unmanned aircraft that carries the weapon or to which the weapon is attached; and
264          (ii) operates the unmanned aircraft in accordance with the contract; or
265          (c) operates the unmanned aircraft that carries the weapon or to which the weapon is
266     attached in airspace controlled by the United States Department of Defense, with the
267     permission of the United States Department of Defense.
268          Section 14. Section 72-14-401 is enacted to read:
269     
Part 4. Safe Use of Unmanned Aircraft

270          72-14-401. Title.
271          This part is known as "Safe Use of Unmanned Aircraft."
272          Section 15. Section 72-14-402 is enacted to read:
273          72-14-402. Reserved.
274          Reserved.
275          Section 16. Section 72-14-403 is enacted to read:
276          72-14-403. Safe operation of unmanned aircraft.
277          (1) For purposes of this section, "civil twilight" refers to:
278          (a) a period of time that begins 30 minutes before official sunrise and ends at official
279     sunrise; and
280          (b) a period of time that begins at official sunset and ends 30 minutes after official
281     sunset.
282          (2) An individual that operates an unmanned aircraft system to fly an unmanned
283     aircraft for recreational purposes shall comply with this section and 14 C.F.R. Sec. 101,
284     Subpart E.
285          (3) (a) An individual may not operate an unmanned aircraft for recreational purposes
286     during night.
287          (b) (i) Unless the unmanned aircraft has lighted anti-collision lighting visible for at
288     least three miles, an individual may not operate an unmanned aircraft during periods of civil
289     twilight.
290          (ii) If an unmanned aircraft is equipped with anti-collision lighting as described in
291     Subsection (3)(b)(i), an individual that is operating during civil twilight may reduce the
292     intensity of the anti-collision lighting if the operator determines that, because of operating
293     conditions, it would be in the interest of safety to do so.
294          (4) An individual operating an unmanned aircraft shall:
295          (a) maintain visual line of sight of the unmanned aircraft in order to:
296          (i) know the location of the unmanned aircraft;
297          (ii) determine the attitude, altitude, and direction of flight;
298          (iii) observe the airspace for other air traffic or hazards; and
299          (iv) determine that the unmanned aircraft does not endanger the life or property of
300     another person;
301          (b) ensure that the ability described in Subsection (4)(a)(i) is exercised by either:
302          (i) the operator of the unmanned aircraft; or
303          (ii) a visual observer.
304          (5) An individual may not operate an unmanned aircraft over a human being unless that
305     human being is:
306          (a) directly participating in the operation of the unmanned aircraft; or
307          (b) located under a covered structure or inside a stationary vehicle that can provide
308     reasonable protection from a falling unmanned aircraft.
309          (6) An individual may not operate an unmanned aircraft in Class B, Class C, or Class
310     D airspace or within the lateral boundaries of the surface area of Class E airspace designated
311     for an airport unless the operator of the unmanned aircraft has prior authorization from Air
312     Traffic Control.
313          (7) An individual may not operate an unmanned aircraft in a manner that interferes
314     with operations and traffic patterns at any airport, heliport, or seaplane base.
315          (8) An individual may not operate an unmanned aircraft in prohibited or restricted
316     areas unless that person has permission from the using or controlling agency, as appropriate.
317          (9) An individual may not operate an unmanned aircraft in violation of a notice to
318     airmen described in 14 C.F.R. Sec. 107.47.
319          (10) An individual may not operate an unmanned aircraft at an altitude that is higher
320     than 400 feet above ground level unless the unmanned aircraft:
321          (a) is flown within a 400-foot radius of a structure; and
322          (b) does not fly higher than 400 feet above the structure's immediate uppermost limit.
323          (11) (a) An individual who violates this section is liable for any damages that may
324     result from the violation.
325          (b) A law enforcement officer shall issue a written warning to an individual who
326     violates this section who has not previously received a written warning for a violation of this
327     section.
328          (c) Except as provided in Subsection (11)(d), an individual who violates this section
329     after receiving a written warning for a previous violation of this section is guilty of an
330     infraction.
331          (d) An individual who violates this section is guilty of a class B misdemeanor for each
332     conviction of a violation of this section after the individual is convicted of an infraction or a
333     misdemeanor for a previous violation of this section.
334          Section 17. Section 76-6-206 is amended to read:
335          76-6-206. Criminal trespass.
336          (1) As used in this section[, "enter"]:
337          (a) "Enter" means intrusion of the entire body[.] or the entire unmanned aircraft.
338          (b) "Remain unlawfully," as that term relates to an unmanned aircraft, means remaining
339     on or over private property when:
340          (i) the private property or any portion of the private property is not open to the public;
341     and
342          (ii) the person operating the unmanned aircraft is not otherwise authorized to fly the
343     unmanned aircraft over the private property or any portion of the private property.
344          (2) A person is guilty of criminal trespass if, under circumstances not amounting to
345     burglary as defined in Section 76-6-202, 76-6-203, or 76-6-204 or a violation of Section
346     76-10-2402 regarding commercial obstruction:
347          (a) the person enters or remains unlawfully on or causes an unmanned aircraft to enter
348     and remain unlawfully over property and:
349          (i) intends to cause annoyance or injury to any person or damage to any property,
350     including the use of graffiti as defined in Section 76-6-107;
351          (ii) intends to commit any crime, other than theft or a felony; or
352          (iii) is reckless as to whether [his] the person's or unmanned aircraft's presence will
353     cause fear for the safety of another;
354          (b) knowing the person's or unmanned aircraft's entry or presence is unlawful, the
355     person enters or remains on [property as] or causes an unmanned aircraft to enter or remain
356     unlawfully over property to which notice against entering is given by:
357          (i) personal communication to the [actor] person by the owner or someone with
358     apparent authority to act for the owner;
359          (ii) fencing or other enclosure obviously designed to exclude intruders; or
360          (iii) posting of signs reasonably likely to come to the attention of intruders; or
361          (c) the person enters a condominium unit in violation of Subsection 57-8-7(8).
362          (3) (a) A violation of Subsection (2)(a) or (b) is a class B misdemeanor unless [it was]
363     the violation is committed in a dwelling, in which event [it] the violation is a class A
364     misdemeanor.
365          (b) A violation of Subsection (2)(c) is an infraction.
366          (4) It is a defense to prosecution under this section that:
367          (a) the property was at the time open to the public; and
368          (b) the actor complied with all lawful conditions imposed on access to or remaining on
369     the property.
370          Section 18. Section 76-9-402 is amended to read:
371          76-9-402. Privacy violation.
372          (1) A person is guilty of privacy violation if, except as authorized by law, [he] the
373     person:
374          (a) trespasses on property with intent to subject anyone to eavesdropping or other
375     surveillance in a private place; [or]
376          (b) [Installs in any] installs, or uses after unauthorized installation in a private place,
377     without the consent of the person or persons entitled to privacy [there] in the private place, any
378     device for observing, photographing, hearing, recording, amplifying, or broadcasting sounds or
379     events in the [place or uses any such unauthorized installation] private place; or
380          (c) installs or uses outside of a private place [any] a device for observing,
381     photographing, hearing, recording, amplifying, or broadcasting sounds or events originating in
382     the private place which would not ordinarily be audible, visible or comprehensible outside the
383     private place, without the consent of the person or persons entitled to privacy [there] in the
384     private place.
385          (2) Privacy violation is a class B misdemeanor.
386          Section 19. Section 76-9-702.7 is amended to read:
387          76-9-702.7. Voyeurism offenses -- Penalties.
388          (1) A person is guilty of voyeurism who intentionally uses [a camcorder, motion
389     picture camera, photographic camera of any type, or other equipment that is concealed or
390     disguised to secretly or surreptitiously videotape, film, photograph, record, or view by
391     electronic means an individual] any type of technology to secretly or surreptitiously record
392     video of a person:
393          (a) for the purpose of viewing any portion of the individual's body regarding which the
394     individual has a reasonable expectation of privacy, whether or not that portion of the body is
395     covered with clothing;
396          (b) without the knowledge or consent of the individual; and
397          (c) under circumstances in which the individual has a reasonable expectation of
398     privacy.
399          (2) A violation of Subsection (1) is a class A misdemeanor, except that a violation of
400     Subsection (1) committed against a child under 14 years of age is a third degree felony.
401          (3) Distribution or sale of any images, including in print, electronic, magnetic, or
402     digital format, obtained under Subsection (1) by transmission, display, or dissemination is a
403     third degree felony, except that if the violation of this Subsection (3) includes images of a child
404     under 14 years of age, the violation is a second degree felony.
405          (4) A person is guilty of voyeurism who, under circumstances not amounting to a
406     violation of Subsection (1), views or attempts to view an individual, with or without the use of
407     any instrumentality:
408          (a) with the intent of viewing any portion of the individual's body regarding which the
409     individual has a reasonable expectation of privacy, whether or not that portion of the body is
410     covered with clothing;
411          (b) without the knowledge or consent of the individual; and
412          (c) under circumstances in which the individual has a reasonable expectation of
413     privacy.
414          (5) A violation of Subsection (4) is a class B misdemeanor, except that a violation of
415     Subsection (4) committed against a child under 14 years of age is a class A misdemeanor.
416          Section 20. Repealer.
417          This bill repeals:
418          Section 63G-18-105, Reporting.