Senator Michael S. Kennedy proposes the following substitute bill:


1     
UNMANNED AIRCRAFT AMENDMENTS

2     
2022 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Michael S. Kennedy

5     
House Sponsor: Adam Robertson

6     

7     LONG TITLE
8     General Description:
9          This bill concerns use and study of an unmanned aircraft system.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms;
13          ▸     requires the Department of Transportation to convene a working group to study
14     advanced air mobility;
15          ▸     provides when an actor may be found guilty of a criminal offense that is committed
16     with the aid of an unmanned aircraft system; and
17          ▸     makes technical and conforming changes.
18     Money Appropriated in this Bill:
19          None
20     Other Special Clauses:
21          None
22     Utah Code Sections Affected:
23     AMENDS:
24          72-1-216.1, as enacted by Laws of Utah 2021, Chapter 358
25     ENACTS:

26          76-2-106, Utah Code Annotated 1953
27     

28     Be it enacted by the Legislature of the state of Utah:
29          Section 1. Section 72-1-216.1 is amended to read:
30          72-1-216.1. State plane operations and advanced air mobility study.
31          (1) The department shall study:
32          (a) options to improve the operations of the state airplane fleet, including addressing
33     how to make the state airplane fleet operations more self-reliant through:
34          (i) funding the state's plane operations through plane user fees; and
35          (ii) fleet replacement options; and
36          (b) the development and implementation of advanced air mobility in the state,
37     including:
38          (i) identifying current state assets and assets in development that support advanced air
39     mobility;
40          (ii) identifying assets required for full implementation of advanced air mobility;
41          (iii) identifying potential benefits and limitations of implementing advanced air
42     mobility;
43          (iv) the feasibility of options to progress toward implementing a statewide advanced air
44     mobility system, including phasing critical elements; and
45          (v) reviewing infrastructure funding mechanisms employed or under consideration by
46     other states.
47          [(2) The department shall provide a report of the department's findings before
48     September 30, 2022, to the Transportation Interim Committee.]
49          (2) (a) The department shall convene a working group to study current laws in the state
50     and identify potential changes to state law necessary to facilitate the development of advanced
51     air mobility operations in the state.
52          (b) A working group under Subsection (2)(a) may include:
53          (i) one or more interested members of the Legislature;
54          (ii) one or more representatives of the advanced air mobility industry;
55          (iii) the executive director of the department or the executive director's designee;
56          (iv) the commissioner of the Department of Public Safety or the commissioner's

57     designee;
58          (v) a representative of the Utah League of Cities and Towns;
59          (vi) a representative of the Utah Association of Counties;
60          (vii) a representative of the business community; and
61          (viii) a representative of a state institution of higher education.
62          (3) On or before September 30, 2022, the department shall provide a report to the
63     Transportation Interim Committee of the department's findings from the study described in
64     Subsection (1) and the working group described in Subsection (2).
65          Section 2. Section 76-2-106 is enacted to read:
66          76-2-106. Commission of offense with aid of unmanned aircraft system.
67          (1) As used in this section:
68          (a) "Unmanned aircraft" means the same as that term is defined in Section 72-14-102.
69          (b) "Unmanned aircraft system" means the same as that term is defined in Section
70     72-14-102.
71          (2) An actor may be found guilty of an offense if:
72          (a) the actor commits the offense with the aid of an unmanned aircraft; and
73          (b) the unmanned aircraft system for the unmanned aircraft is under the actor's control
74     at the time of the offense.