Senator Wayne A. Harper proposes the following substitute bill:


1     
ADVANCED AIR MOBILITY AMENDMENTS

2     
2023 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 amends and enacts provisions related to advanced air mobility systems.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms;
13          ▸     renumbers and amends provisions related to unmanned aircraft systems and
14     organizes those provisions with code related to the Division of Aeronautics;
15          ▸     amends the powers of the Division of Aeronautics to include oversight of vertiports
16     and other topics related to advanced air mobility systems;
17          ▸     requires registration of unmanned aircraft systems and advanced air mobility
18     systems;
19          ▸     grants rulemaking authority to the Department of Transportation to make rules
20     related to registration fees and registration requirements for unmanned aircraft
21     systems and advanced air mobility systems;
22          ▸     enacts and amends provisions related to preemption of local ordinances and
23     business licensing of advanced air mobility business; and
24          ▸     makes technical changes.
25     Money Appropriated in this Bill:
26          None
27     Other Special Clauses:
28          None
29     Utah Code Sections Affected:
30     AMENDS:
31          72-10-102, as last amended by Laws of Utah 2019, Chapters 431, 479
32          72-10-103, as last amended by Laws of Utah 2019, Chapter 431
33          72-10-109, as last amended by Laws of Utah 2018, Chapter 436
34          72-10-110, as last amended by Laws of Utah 2018, Chapter 436
35          76-2-106, as enacted by Laws of Utah 2022, Chapter 93
36          76-9-308, as last amended by Laws of Utah 2022, Chapter 99
37     ENACTS:
38          72-10-1001, Utah Code Annotated 1953
39     RENUMBERS AND AMENDS:
40          72-10-701, (Renumbered from 72-14-103, as last amended by Laws of Utah 2022,
41     Chapter 99)
42          72-10-702, (Renumbered from 72-14-104, as enacted by Laws of Utah 2017, Chapter
43     364)
44          72-10-801, (Renumbered from 72-14-202, as enacted by Laws of Utah 2017, Chapter
45     364)
46          72-10-802, (Renumbered from 72-14-203, as last amended by Laws of Utah 2022,
47     Chapter 64)
48          72-10-803, (Renumbered from 72-14-204, as renumbered and amended by Laws of
49     Utah 2017, Chapter 364)
50          72-10-804, (Renumbered from 72-14-205, as enacted by Laws of Utah 2017, Chapter
51     364)
52          72-10-901, (Renumbered from 72-14-302, as enacted by Laws of Utah 2017, Chapter
53     364)
54          72-10-902, (Renumbered from 72-14-303, as enacted by Laws of Utah 2017, Chapter
55     364)
56          72-10-903, (Renumbered from 72-14-304, as enacted by Laws of Utah 2018, Chapter
57     40)
58          72-10-1002, (Renumbered from 72-14-403, as enacted by Laws of Utah 2017, Chapter
59     364)
60     REPEALS:
61          72-14-101, as renumbered and amended by Laws of Utah 2017, Chapter 364
62          72-14-102, as last amended by Laws of Utah 2022, Chapter 99
63          72-14-201, as enacted by Laws of Utah 2017, Chapter 364
64          72-14-301, as enacted by Laws of Utah 2017, Chapter 364
65          72-14-401, as enacted by Laws of Utah 2017, Chapter 364
66          72-14-402, as enacted by Laws of Utah 2017, Chapter 364
67     

68     Be it enacted by the Legislature of the state of Utah:
69          Section 1. Section 72-10-102 is amended to read:
70          72-10-102. Definitions.
71          As used in this chapter:
72          (1) "Acrobatics" means the intentional maneuvers of an aircraft not necessary to air
73     navigation.
74          (2) (a) "Advanced air mobility system" means a system that transports individuals and
75     property using piloted and unpiloted aircraft, including electric aircraft and electric vertical
76     takeoff and landing aircraft, in controlled or uncontrolled airspace.
77          (b) "Advanced air mobility system" includes each component of a system described in
78     Subsection (2)(a), including:
79          (i) the aircraft, including payload;
80          (ii) communications equipment;
81          (iii) navigation equipment;
82          (iv) controllers;
83          (v) support equipment; and
84          (vi) remote and autonomous functions.
85          (3) "Aerial transit corridor" means an airspace volume defining a three-dimensional
86     route segment with performance requirements to operate within or to cross where tactical air
87     traffic control separation services are not provided.
88          [(2)] (4) "Aeronautics" means transportation by aircraft, air instruction, the operation,
89     repair, or maintenance of aircraft, and the design, operation, repair, or maintenance of airports,
90     or other air navigation facilities.
91          [(3)] (5) "Aeronautics instructor" means any individual engaged in giving or offering to
92     give instruction in aeronautics, flying, or ground subjects, either with or without:
93          (a) compensation or other reward;
94          (b) advertising the occupation;
95          (c) calling his facilities an air school, or any equivalent term; or
96          (d) employing or using other instructors.
97          [(4)] (6) "Aircraft" means any contrivance now known or in the future invented, used,
98     or designed for navigation of or flight in the air.
99          [(5)] (7) "Air instruction" means the imparting of aeronautical information by any
100     aviation instructor or in any air school or flying club.
101          [(6)] (8) "Airport" means any area of land, water, or both, that:
102          (a) is used or is made available for landing and takeoff;
103          (b) provides facilities for the shelter, supply, and repair of aircraft, and handling of
104     passengers and cargo;
105          (c) meets the minimum requirements established by the department as to size and
106     design, surface, marking, equipment, and operation; and
107          (d) includes all areas shown as part of the airport in the current airport layout plan as
108     approved by the Federal Aviation Administration.
109          [(7)] (9) "Airport authority" means a political subdivision of the state, other than a
110     county or municipality, that is authorized by statute to operate an airport.
111          [(8)] (10) "Airport operator" means a municipality, county, or airport authority that
112     owns or operates a commercial airport.
113          [(9)] (11) (a) "Airport revenue" means:
114          (i) all fees, charges, rents, or other payments received by or accruing to an airport
115     operator for any of the following reasons:
116          (A) revenue from air carriers, tenants, lessees, purchasers of airport properties, airport
117     permittees making use of airport property and services, and other parties;
118          (B) revenue received from the activities of others or the transfer of rights to others
119     relating to the airport, including revenue received:
120          (I) for the right to conduct an activity on the airport or to use or occupy airport
121     property;
122          (II) for the sale, transfer, or disposition of airport real or personal property, or any
123     interest in that property, including transfer through a condemnation proceeding;
124          (III) for the sale of, or the sale or lease of rights in, mineral, natural, or agricultural
125     products or water owned by the airport operator to be taken from the airport; and
126          (IV) for the right to conduct an activity on, or for the use or disposition of, real or
127     personal property or any interest in real or personal property owned or controlled by the airport
128     operator and used for an airport-related purpose but not located on the airport; or
129          (C) revenue received from activities conducted by the airport operator whether on or
130     off the airport, which is directly connected to the airport operator's ownership or operation of
131     the airport; and
132          (ii) state and local taxes on aviation fuel.
133          (b) "Airport revenue" does not include amounts received by an airport operator as
134     passenger facility fees pursuant to 49 U.S.C. Sec. 40117.
135          [(10)] (12) "Air school" means any person engaged in giving, offering to give, or
136     advertising, representing, or holding himself out as giving, with or without compensation or
137     other reward, instruction in aeronautics, flying, or ground subjects, or in more than one of these
138     subjects.
139          [(11)] (13) "Airworthiness" means conformity with requirements prescribed by the
140     Federal Aviation Administration regarding the structure or functioning of aircraft, engine,
141     parts, or accessories.
142          [(12)] (14) "Civil aircraft" means any aircraft other than a public aircraft.
143          [(13)] (15) "Commercial aircraft" means aircraft used for commercial purposes.
144          [(14)] (16) "Commercial airport" means a landing area, landing strip, or airport that
145     may be used for commercial operations.
146          [(15)] (17) "Commercial flight operator" means a person who conducts commercial
147     operations.
148          [(16)] (18) "Commercial operations" means:
149          (a) any operations of an aircraft for compensation or hire or any services performed
150     incidental to the operation of any aircraft for which a fee is charged or compensation is
151     received, including the servicing, maintaining, and repairing of aircraft, the rental or charter of
152     aircraft, the operation of flight or ground schools, the operation of aircraft for the application or
153     distribution of chemicals or other substances, and the operation of aircraft for hunting and
154     fishing; or
155          (b) the brokering or selling of any of these services; but
156          (c) does not include any operations of aircraft as common carriers certificated by the
157     federal government or the services incidental to those operations.
158          (19) "Correctional facility" means the same as that term is defined in Section
159     77-16b-102.
160          [(17)] (20) "Dealer" means any person who is actively engaged in the business of flying
161     for demonstration purposes, or selling or exchanging aircraft, and who has an established place
162     of business.
163          [(18)] (21) "Experimental aircraft" means:
164          (a) any aircraft designated by the Federal Aviation Administration or the military as
165     experimental and used solely for the purpose of experiments, or tests regarding the structure or
166     functioning of aircraft, engines, or their accessories; and
167          (b) any aircraft designated by the Federal Aviation Administration as:
168          (i) being custom or amateur built; and
169          (ii) used for recreational, educational, or display purposes.
170          [(19)] (22) "Flight" means any kind of locomotion by aircraft while in the air.
171          [(20)] (23) "Flying club" means five or more persons who for neither profit nor reward
172     own, lease, or use one or more aircraft for the purpose of instruction, pleasure, or both.
173          [(21)] (24) "Glider" means an aircraft heavier than air, similar to an airplane, but
174     without a power plant.
175          [(22)] (25) "Mechanic" means a person who constructs, repairs, adjusts, inspects, or
176     overhauls aircraft, engines, or accessories.
177          [(23)] (26) "Parachute jumper" means any person who has passed the required test for
178     jumping with a parachute from an aircraft, and has passed an examination showing that he
179     possesses the required physical and mental qualifications for the jumping.
180          [(24)] (27) "Parachute rigger" means any person who has passed the required test for
181     packing, repairing, and maintaining parachutes.
182          [(25)] (28) "Passenger aircraft" means aircraft used for transporting persons, in
183     addition to the pilot or crew, with or without their necessary personal belongings.
184          [(26)] (29) "Person" means any individual, corporation, limited liability company, or
185     association of individuals.
186          [(27)] (30) "Pilot" means any person who operates the controls of an aircraft while
187     in-flight.
188          [(28)] (31) "Primary glider" means any glider that has a gliding angle of less than 10 to
189     one.
190          [(29)] (32) "Public aircraft" means an aircraft used exclusively in the service of any
191     government or of any political subdivision, including the government of the United States, of
192     the District of Columbia, and of any state, territory, or insular possession of the United States,
193     but not including any government-owned aircraft engaged in carrying persons or goods for
194     commercial purposes.
195          [(30)] (33) "Reckless flying" means the operation or piloting of any aircraft recklessly,
196     or in a manner as to endanger the property, life, or body of any person, due regard being given
197     to the prevailing weather conditions, field conditions, and to the territory being flown over.
198          [(31)] (34) "Registration number" means the number assigned by the Federal Aviation
199     Administration to any aircraft, whether or not the number includes a letter or letters.
200          [(32)] (35) "Secondary glider" means any glider that has a gliding angle between 10 to
201     one and 16 to one, inclusive.
202          [(33)] (36) "Soaring glider" means any glider that has a gliding angle of more than 16
203     to one.
204          (37) "Unmanned aircraft" means an aircraft that is:
205          (a) capable of sustaining flight; and
206          (b) operated with no possible direct human intervention from on or within the aircraft.
207          (38) "Unmanned aircraft system" means the entire system used to operate an unmanned
208     aircraft, including:
209          (a) the unmanned aircraft, including payload;
210          (b) communications equipment;
211          (c) navigation equipment;
212          (d) controllers;
213          (e) support equipment; and
214          (f) autopilot functionality.
215          (39) "Unmanned aircraft system traffic management" means a traffic management
216     ecosystem for uncontrolled operations, including unmanned aircraft systems, that is separate
217     from, but complementary to, the Federal Aviation Administration's air traffic management
218     system.
219          (40) "Vertiport" means an area of land, or a structure, used or intended to be used for
220     electric, hydrogen, and hybrid vertical aircraft landings and takeoffs, including associated
221     buildings and facilities.
222          Section 2. Section 72-10-103 is amended to read:
223          72-10-103. Rulemaking requirement.
224          (1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
225     department shall make rules:
226          (a) governing the establishment, location, and use of air navigation facilities;
227          (b) regulating the use, licensing, and supervision of all airports and vertiports in this
228     state;
229          (c) establishing minimum standards with which all air navigation facilities, flying
230     clubs, aircraft, gliders, pilots, and airports must comply; and
231          (d) safeguarding from accident and protecting the safety of persons operating or using
232     aircraft and persons and property on the ground.
233          (2) The rules may:
234          (a) require that any device or accessory that forms part of any aircraft or its equipment
235     be certified as complying with this chapter;
236          (b) limit the use of any device or accessory as necessary for safety; and
237          (c) develop and promote aeronautics within this state.
238          (3) (a) To avoid the danger of accident incident to confusion arising from conflicting
239     rules governing aeronautics, the rules shall conform as nearly as possible with federal
240     legislation, rules, regulations, and orders on aeronautics.
241          (b) The rules may not be inconsistent with paramount federal legislation, rules,
242     regulations, and orders on the subject.
243          (4) The department may not require any pilot, aircraft, or mechanic who has procured a
244     license under the Civil Aeronautics Authority of the United States to obtain a license from this
245     state, other than required by this chapter.
246          (5) The department may not make rules that conflict with the regulations of:
247          (a) the Civil Aeronautics Authority; or
248          (b) other federal agencies authorized to regulate the particular activity.
249          (6) The department shall comply with the procedures and requirements of Title 63G,
250     Chapter 4, Administrative Procedures Act, in its adjudicative proceedings.
251          Section 3. Section 72-10-109 is amended to read:
252          72-10-109. Certificate of registration of aircraft required -- Exceptions.
253          (1) (a) A person may not operate, pilot, or navigate, or cause or authorize to be
254     operated, piloted, or navigated within this state any civil aircraft domiciled in this state unless
255     the aircraft has a current certificate of registration issued by the department.
256          (b) The restriction described in Subsection (1)(a) does not apply to aircraft licensed by
257     a foreign country with which the United States has a reciprocal agreement covering the
258     operations of the registered aircraft or to a non-passenger-carrying flight solely for inspection
259     or test purposes authorized by the Federal Aviation Administration to be made without the
260     certificate of registration.
261          (2) Aircraft centrally assessed by the State Tax Commission are exempt from the state
262     registration requirement under Subsection (1).
263          (3) Beginning on January 1, 2024, a person may not operate in this state an unmanned
264     aircraft system or an advanced air mobility aircraft for commercial operation for which
265     certification is required under 14 C.F.R. Part 107 or 135 unless the aircraft has a current
266     certificate of registration issued by the department.
267          [(3) Unmanned aircraft as defined in Section 72-14-102 are exempt from the state
268     registration requirement under Subsection (1).]
269          Section 4. Section 72-10-110 is amended to read:
270          72-10-110. Aircraft registration information requirements -- Registration fee --
271     Administration -- Partial year registration.
272          (1) All applications for aircraft registration shall contain:
273          (a) a description of the aircraft, including:
274          (i) the manufacturer or builder;
275          (ii) the Federal Aviation Administration aircraft registration number, type, year of
276     manufacture, or if an experimental aircraft, the year the aircraft was completed and certified for
277     air worthiness by an inspector of the Federal Aviation Administration; and
278          (iii) gross weight;
279          (b) the name and address of the owner of the aircraft; and
280          (c) where the aircraft is located, or the address where the aircraft is usually used or
281     based.
282          (2) (a) Except as provided in Subsection (3) or (4), at the time application is made for
283     registration or renewal of registration of an aircraft under this chapter, an annual registration
284     fee of 0.4% of the average wholesale value of the aircraft shall be paid.
285          (b) For purposes of calculating the average wholesale value of an aircraft under
286     Subsection (2)(a) or (3)(d), the department shall use the average wholesale value as stated in
287     the Aircraft Bluebook Price Digest.
288          (c) For an aircraft not listed in the Aircraft Bluebook Price Digest, the department shall
289     calculate the average wholesale value of the aircraft using common industry standards.
290          (d) (i) An owner of an aircraft may challenge the department's calculation of the
291     average wholesale value of the aircraft.
292          (ii) The department shall make rules in accordance with Title 63G, Chapter 3, Utah
293     Administrative Rulemaking Act, to establish a process for challenging the department's
294     calculation under Subsection (2)(d)(i).
295          (3) (a) An annual registration fee of $100 is imposed on an aircraft that is used:
296          (i) exclusively by an entity that is exempt from federal income taxation under Section
297     501(c)(3), Internal Revenue Code, and exempt from property taxation under Title 59, Chapter
298     2, Property Tax Act; and
299          (ii) for the emergency transportation of medical patients for at least 95% of its flight
300     time.
301          (b) An annual registration fee is imposed on an aircraft 60 years or older equal to the
302     lesser of:
303          (i) $100; or
304          (ii) the annual registration fee provided for under Subsection (2)(a).
305          (c) (i) Except as provided in Subsection (3)(c)(iii), an owner of an aircraft shall apply
306     for a certificate of registration described in Section 72-10-109, if the aircraft:
307          (A) is in the manufacture, construction, fabrication, assembly, or repair process;
308          (B) is not complete; and
309          (C) does not have a valid airworthiness certificate.
310          (ii) An aircraft described in Subsection (3)(c)(i) is exempt from the annual registration
311     fee described in Subsection (2)(a).
312          (iii) The registration requirement described in Subsection (3)(c)(i) does not apply to an
313     aircraft that, in accordance with Section 59-12-104, is exempt from the taxes imposed under
314     Title 59, Chapter 12, Sales and Use Tax Act.
315          (d) An annual registration fee of .25% of the average wholesale value of the aircraft is
316     imposed on an aircraft if the aircraft is:
317          (i) used by an air charter service for air charter; and
318          (ii) owned by a person other than the air charter service.
319          (e) The annual registration fee required in this section is due on December 31 of each
320     year.
321          (4) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
322     the department shall make rules to establish and administer a registration fee for an unmanned
323     aircraft system or an advanced air mobility system registered pursuant to Subsection
324     72-10-109(3).
325          (b) The rules made pursuant to Subsection (4)(a) regarding registration and applicable
326     fees for an unmanned aircraft system or an advanced air mobility system may include:
327          (i) a system for classifying unmanned aircraft systems or an advanced air mobility
328     systems;
329          (ii) technical guidance for complying with state and federal law;
330          (iii) criteria under which the department may suspend or revoke registration;
331          (iv) criteria under which the department may waive registration requirements for an
332     applicant currently holding a valid license or permit to operate unmanned aircraft systems
333     issued by another state or territory of the United States, the District of Columbia, or the United
334     States; and
335          (v) other rules regarding operation as determined by the department.
336          [(4)] (5) (a) The department shall provide a registration card to an owner of an aircraft
337     if:
338          (i) the owner complies with the registration requirements of this section; and
339          (ii) the owner of the aircraft states that the aircraft has a valid airworthiness certificate.
340          (b) An owner of an aircraft shall carry the registration card in the registered aircraft.
341          [(5)] (6) The registration fees assessed under this chapter shall be collected by the
342     department to be distributed as provided in Subsection [(6)] (7).
343          [(6)] (7) After deducting the costs of administering all aircraft registrations under this
344     chapter, the department shall deposit all remaining aircraft registration fees [in] into the
345     Aeronautics Restricted Account created by Section 72-2-126.
346          [(7)] (8) Aircraft which are initially registered under this chapter for less than a full
347     calendar year shall be charged a registration fee which is reduced in proportion to the fraction
348     of the calendar year during which the aircraft is registered in this state.
349          [(8)] (9) (a) For purposes of this section, an aircraft based at the owner's airport means
350     an aircraft that is hangared, tied down, or parked at an owner's airport for a plurality of the year.
351          (b) Semi-annually, an owner or operator of an airport open to public use, or of an
352     airport that receives grant funding from the state, shall provide a list of all aircraft based at the
353     owner's airport to the department.
354          [(9)] (10) The department shall maintain a statewide database of all aircraft based
355     within the state.
356          [(10)] (11) The department may suspend or revoke a registration if the department
357     determines that the required fee has not been paid and the fee is not paid upon reasonable
358     notice and demand.
359          Section 5. Section 72-10-701, which is renumbered from Section 72-14-103 is
360     renumbered and amended to read:
361     
Part 7. Unmanned Aircraft -- Drones

362          [72-14-103].      72-10-701. Preemption of local ordinance -- Business
363     licensing.
364          (1) As used in this section, "advanced air mobility business" means a business that
365     operates an unmanned aircraft system or an advanced air mobility system for a commercial
366     purpose that is required to obtain a certificate pursuant to 14 C.F.R. Part 107 or 135.
367          [(1)] (2) A political subdivision of the state, or an entity within a political subdivision
368     of the state, may not enact a law, ordinance, or rule governing the private use of an unmanned
369     aircraft or the private use of an advanced air mobility system, unless:
370          (a) authorized by this chapter; or
371          (b) the political subdivision or entity is an airport operator that enacts the law, rule, or
372     ordinance to govern:
373          (i) the operation of an unmanned aircraft or an advanced air mobility system within the
374     geographic boundaries of the airport over which the airport operator has authority; or
375          (ii) the takeoff or landing of an unmanned aircraft or an aircraft operated as part of an
376     advanced air mobility system at the airport over which the airport operator has authority.
377          (3) (a) Subject to the provisions of this chapter, a political subdivision may require an
378     advanced air mobility business to obtain a business license if the advanced air mobility
379     business does not hold a current business license in good standing from another political
380     subdivision in the state.
381          (b) A political subdivision may only charge a licensing fee to an advanced air mobility
382     business in an amount that reimburses the political subdivision for the actual cost of processing
383     the business license.
384          (4) A political subdivision may not:
385          (a) require an advanced air mobility business to:
386          (i) obtain a separate business license beyond the initial business license described in
387     Subsection (3)(a);
388          (ii) pay a fee other than the fee for the initial business license described in Subsection
389     (3); or
390          (iii) pay a fee for each employee the advanced air mobility business employs; or
391          (b) regulate or restrict the size of an advanced air mobility business.
392          (5) A political subdivision shall recognize as valid within the political subdivision the
393     business license of an advanced air mobility business obtained in another political subdivision
394     within the state, if the business license is current and in good standing.
395          [(2)] (6) This chapter supersedes any law, ordinance, or rule enacted by a political
396     subdivision of the state before July 1, [2017] 2022.
397          Section 6. Section 72-10-702, which is renumbered from Section 72-14-104 is
398     renumbered and amended to read:
399          [72-14-104].      72-10-702. Applicability.
400          This chapter does not apply to a person or business entity:
401          (1) using an unmanned aircraft for legitimate educational or business purposes; and
402          (2) operating the unmanned aircraft system in a manner consistent with applicable
403     Federal Aviation Administration rules, exemptions, or other authorizations.
404          Section 7. Section 72-10-801, which is renumbered from Section 72-14-202 is
405     renumbered and amended to read:
406     
Part 8. Law Enforcement Use of Unmanned Aircraft

407          [72-14-202].      72-10-801. Definitions.
408          As used in this part:
409          (1) "Civilian" means a person that is not a law enforcement officer.
410          (2) "Law enforcement agency" means the same as that term is defined in Section
411     53-3-102.
412          (3) "Law enforcement officer" means the same as that term is defined in Section
413     53-13-103.
414          (4) "Target" means a person upon whom, or an object, structure, or area upon which,
415     another person:
416          (a) has intentionally collected or attempted to collect information through the operation
417     of an unmanned aircraft system; or
418          (b) intends to collect or to attempt to collect information through the operation of an
419     unmanned aircraft system.
420          Section 8. Section 72-10-802, which is renumbered from Section 72-14-203 is
421     renumbered and amended to read:
422          [72-14-203].      72-10-802. Unmanned aircraft system use requirements --
423     Exceptions.
424          (1) A law enforcement agency or officer may not obtain, receive, or use data acquired
425     through an unmanned aircraft system unless the data is obtained:
426          (a) pursuant to a search warrant;
427          (b) in accordance with judicially recognized exceptions to warrant requirements;
428          (c) subject to Subsection (2), from a person who is a nongovernment actor;
429          (d) to locate a lost or missing person in an area in which a person has no reasonable
430     expectation of privacy; or
431          (e) for purposes unrelated to a criminal investigation.
432          (2) A law enforcement officer or agency may only use for law enforcement purposes
433     data obtained from a nongovernment actor if:
434          (a) the data appears to pertain to the commission of a crime; or
435          (b) the law enforcement agency or officer believes, in good faith, that:
436          (i) the data pertains to an imminent or ongoing emergency involving danger of death or
437     serious bodily injury to an individual; and
438          (ii) disclosing the data would assist in remedying the emergency.
439          (3) A law enforcement agency or officer that obtains, receives, or uses data acquired
440     through the use of an unmanned aircraft system or through Subsection (2) shall destroy the data
441     as soon as reasonably possible after the law enforcement agency or officer obtains, receives, or
442     uses the data subject to an applicable retention schedule under Title 63G, Chapter 2,
443     Government Records Access and Management Act, or a federal, state, or local law.
444          (4) This section applies to any imaging surveillance device, as defined in Section
445     77-23d-102, when used in conjunction with an unmanned aircraft system.
446          Section 9. Section 72-10-803, which is renumbered from Section 72-14-204 is
447     renumbered and amended to read:
448          [72-14-204].      72-10-803. Data retention.
449          (1) Except as provided in this section, a law enforcement agency:
450          (a) may not use, copy, or disclose data collected by an unmanned aircraft system on a
451     person, structure, or area that is not a target; and
452          (b) in accordance with applicable federal, state, and local laws, shall ensure that data
453     described in Subsection (1)(a) is destroyed as soon as reasonably possible after the law
454     enforcement agency collects or receives the data.
455          (2) A law enforcement agency is not required to comply with Subsection (1) if:
456          (a) deleting the data would also require the deletion of data that:
457          (i) relates to the target of the operation; and
458          (ii) is requisite for the success of the operation;
459          (b) the law enforcement agency receives the data:
460          (i) through a court order that:
461          (A) requires a person to release the data to the law enforcement agency; or
462          (B) prohibits the destruction of the data; or
463          (ii) from a person who is a nongovernment actor;
464          (c) (i) the data was collected inadvertently; and
465          (ii) the data appears to pertain to the commission of a crime;
466          (d) (i) the law enforcement agency reasonably determines that the data pertains to an
467     emergency situation; and
468          (ii) using or disclosing the data would assist in remedying the emergency; or
469          (e) the data was collected through the operation of an unmanned aircraft system over
470     public lands outside of municipal boundaries.
471          Section 10. Section 72-10-804, which is renumbered from Section 72-14-205 is
472     renumbered and amended to read:
473          [72-14-205].      72-10-804. Reporting.
474          (1) As used in this section, "law enforcement encounter" means the same as that term is
475     defined in Section 77-7a-103.
476          (2) A law enforcement officer or agency that operates an unmanned aircraft system
477     while on duty or acting in the law enforcement officer's or agency's official capacity, or obtains
478     or receives data in accordance with Section [72-14-203] 72-10-802, shall document the
479     following in any report or other official record of the law enforcement encounter:
480          (a) the presence and use of the unmanned aircraft;
481          (b) any data acquired; and
482          (c) if applicable, the person from whom data was received in accordance with
483     Subsection [72-14-203(2).] 72-10-802(2).
484          Section 11. Section 72-10-901, which is renumbered from Section 72-14-302 is
485     renumbered and amended to read:
486     
Part 9. Unlawful Use of Unmanned Aircraft

487          [72-14-302].      72-10-901. Definitions.
488          [Reserved.] As used in this part, "weapon" means:
489          (1) a firearm as that term is defined in Section 76-10-501; or
490          (2) an object that in the manner of the object's use or intended use is capable of causing
491     death, bodily injury, or damage to property, as determined according to the following factors:
492          (a) the location and circumstances in which the object is used or possessed;
493          (b) the primary purpose for which the object is made;
494          (c) the character of the damage, if any, the object is likely to cause;
495          (d) the manner in which the object is used;
496          (e) whether the manner in which the object is used or possessed constitutes a potential
497     imminent threat to public safety; and
498          (f) the lawful purposes for which the object may be used.
499          Section 12. Section 72-10-902, which is renumbered from Section 72-14-303 is
500     renumbered and amended to read:
501          [72-14-303].      72-10-902. Weapon attached to unmanned aircraft --
502     Penalties.
503          [(1) As used in this section "weapon" means:]
504          [(a) a firearm as described in Section 76-10-501; or]
505          [(b) an object that in the manner of the object's use or intended use is capable of
506     causing death, bodily injury, or damage to property, as determined according to the following
507     factors:]
508          [(i) the location and circumstances in which the object is used or possessed;]
509          [(ii) the primary purpose for which the object is made;]
510          [(iii) the character of the damage, if any, the object is likely to cause;]
511          [(iv) the manner in which the object is used;]
512          [(v) whether the manner in which the object is used or possessed constitutes a potential
513     imminent threat to public safety; and]
514          [(vi) the lawful purposes for which the object may be used.]
515          [(2)] (1) (a) Except as provided in Subsection [(3),] (2), a person may not fly an
516     unmanned aircraft that carries a weapon or to which a weapon is attached.
517          (b) A person that violates Subsection [(2)(a)] (1)(a) is guilty of a class B misdemeanor.
518          [(3)] (2) A person may fly an unmanned aircraft that carries a weapon or to which a
519     weapon is attached if the person:
520          (a) (i) obtains a certificate of authorization, or other written approval, from the Federal
521     Aviation Administration authorizing the person to fly the unmanned aircraft that carries the
522     weapon or to which the weapon is attached; and
523          (ii) operates the unmanned aircraft in accordance with the certificate of authorization or
524     other written approval;
525          (b) (i) obtains a contract with the state or the federal government permitting the person
526     to fly the unmanned aircraft that carries the weapon or to which the weapon is attached; and
527          (ii) operates the unmanned aircraft in accordance with the contract; or
528          (c) operates the unmanned aircraft that carries the weapon or to which the weapon is
529     attached in airspace controlled by the United States Department of Defense, with the
530     permission of the United States Department of Defense.
531          Section 13. Section 72-10-903, which is renumbered from Section 72-14-304 is
532     renumbered and amended to read:
533          [72-14-304].      72-10-903. Unlawful operation of unmanned aircraft near
534     prison facilities -- Penalties.
535          (1) An individual may not operate an unmanned aircraft system:
536          (a) to carry or drop any item to or inside the property of a correctional facility; or
537          (b) in a manner that interferes with the operations or security of a correctional facility.
538          (2) (a) A violation of Subsection (1)(a) is a third degree felony.
539          (b) A violation of Subsection (1)(b) is a class B misdemeanor.
540          (3) An operator of an unmanned aircraft system does not violate Subsection (1) if the
541     operator is:
542          (a) an employee or contractor working on behalf of a mosquito abatement district
543     created pursuant to Title 17B, Limited Purpose Local Government Entities - Local Districts, or
544     Title 17D, Limited Purpose Local Government Entities - Other Entities; and
545          (b) acting in the course and scope of the operator's employment.
546          Section 14. Section 72-10-1001 is enacted to read:
547     
Part 10. Safe Use of Unmanned Aircraft

548          72-10-1001. Reserved.
549          Reserved.
550          Section 15. Section 72-10-1002, which is renumbered from Section 72-14-403 is
551     renumbered and amended to read:
552          [72-14-403].      72-10-1002. Safe operation of unmanned aircraft.
553          (1) An individual who operates an unmanned aircraft system to fly an unmanned
554     aircraft for recreational purposes shall comply with this section or 14 C.F.R. Sec. 101, Subpart
555     E.
556          (2) An individual operating an unmanned aircraft shall:
557          (a) maintain visual line of sight of the unmanned aircraft in order to:
558          (i) know the location of the unmanned aircraft;
559          (ii) determine the attitude, altitude, and direction of flight;
560          (iii) observe the airspace for other air traffic or hazards; and
561          (iv) determine that the unmanned aircraft does not endanger the life or property of
562     another person;
563          (b) ensure that the ability described in Subsection (2)(a)(i) is exercised by either:
564          (i) the operator of the unmanned aircraft; or
565          (ii) a visual observer.
566          (3) An individual may not operate an unmanned aircraft in Class B, Class C, or Class
567     D airspace or within the lateral boundaries of the surface area of Class E airspace designated
568     for an airport unless the operator of the unmanned aircraft has prior authorization from air
569     traffic control.
570          (4) An individual may not operate an unmanned aircraft in a manner that interferes
571     with operations and traffic patterns at any airport, heliport, or seaplane base.
572          (5) An individual may not operate an unmanned aircraft system:
573          (a) from a public transit rail platform or station; or
574          (b) (i) under a height of 50 feet within a public transit fixed guideway right-of-way;
575     and
576          (ii) directly above any overhead electric lines used to power a public transit rail
577     vehicle.
578          (6) An individual may not operate an unmanned aircraft in violation of a notice to
579     airmen described in 14 C.F.R. Sec. 107.47.
580          (7) An individual may not operate an unmanned aircraft at an altitude that is higher
581     than 400 feet above ground level unless the unmanned aircraft:
582          (a) is flown within a 400-foot radius of a structure; and
583          (b) does not fly higher than 400 feet above the structure's immediate uppermost limit.
584          (8) (a) An individual who violates this section is liable for any damages that may result
585     from the violation.
586          (b) A law enforcement officer shall issue a written warning to an individual who
587     violates this section who has not previously received a written warning for a violation of this
588     section.
589          (c) Except as provided in Subsection (8)(d), an individual who violates this section
590     after receiving a written warning for a previous violation of this section is guilty of an
591     infraction.
592          (d) An individual who violates this section is guilty of a class B misdemeanor for each
593     conviction of a violation of this section after the individual is convicted of an infraction or a
594     misdemeanor for a previous violation of this section.
595          Section 16. Section 76-2-106 is amended to read:
596          76-2-106. Commission of offense with aid of unmanned aircraft system.
597          (1) As used in this section:
598          (a) "Unmanned aircraft" means the same as that term is defined in Section [72-14-102]
599     72-10-102.
600          (b) "Unmanned aircraft system" means the same as that term is defined in Section
601     [72-14-102] 72-10-102.
602          (2) An actor may be found guilty of an offense if:
603          (a) the actor commits the offense with the aid of an unmanned aircraft; and
604          (b) the unmanned aircraft system for the unmanned aircraft is under the actor's control
605     at the time of the offense.
606          Section 17. Section 76-9-308 is amended to read:
607          76-9-308. Harassment of livestock.
608          (1) As used in this section:
609          (a) "Livestock" has the same meaning as that term is defined in Subsection
610     76-9-301(1).
611          (b) "Unmanned aircraft system" means the same as that term is defined in Section
612     [72-14-102] 72-10-102.
613          (2) Except as provided in Subsection (3), a person is guilty of harassment of livestock
614     if the person intentionally, knowingly, or recklessly chases, with the intent of causing distress,
615     or harms livestock through the use of:
616          (a) a motorized vehicle or all-terrain vehicle;
617          (b) a dog; or
618          (c) an unmanned aircraft system.
619          (3) A person is not guilty of harassment of livestock if:
620          (a) the person is:
621          (i) the owner of the livestock;
622          (ii) an employee or agent of the owner, or otherwise acting under the owner's general
623     direction or with the owner's permission;
624          (iii) acting in an emergency situation to prevent damage to the livestock or property; or
625          (iv) an employee or agent of the state or a political subdivision and acting in the
626     employee or agent's official capacity; or
627          (b) the action is in line with generally accepted animal husbandry practices.
628          (4) A person who violates this section is guilty of:
629          (a) a class B misdemeanor if the violation is a first offense and:
630          (i) no livestock is seriously injured or killed as a result of the person's actions; or
631          (ii) the person's actions cause the livestock to be displaced onto property where the
632     livestock is not legally entitled to be; and
633          (b) a class A misdemeanor if:
634          (i) the person has previously been convicted of harassment of livestock under this
635     section;
636          (ii) livestock is seriously injured or killed as a result of the person's actions; or
637          (iii) livestock or property suffered damage in excess of $1,000, including money spent
638     in recovering the livestock, as a result of the person's actions.
639          Section 18. Repealer.
640          This bill repeals:
641          Section 72-14-101, Title.
642          Section 72-14-102, Definitions.
643          Section 72-14-201, Title.
644          Section 72-14-301, Title.
645          Section 72-14-401, Title.
646          Section 72-14-402, Reserved.