Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 126 Third Substitute (2016GS)

Sponsor

Rep. Powell, K.

Final action

Governor Signed 3/21/2016

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• defines terms;
• subject to certain exceptions, prohibits an individual from flying an unmanned aircraft within certain areas relating to a wildland fire; and
• provides criminal penalties for certain violations of the provisions of this bill.

Every vote on this bill

Bill text

UNMANNED AIRCRAFT REVISIONS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Kraig Powell
Senate Sponsor: 
Kevin T. Van Tassell
LONG TITLE
General Description:
This bill addresses the use of an unmanned aircraft in relation to a wildland fire.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ subject to certain exceptions, prohibits an individual from flying an unmanned
aircraft within certain areas relating to a wildland fire; and
▸ provides criminal penalties for certain violations of the provisions of this bill.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
63G-18-101
, as last amended by Laws of Utah 2015, Chapter 269
ENACTS:
65A-3-2.5
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
63G-18-101
 is amended to read:
CHAPTER 18. UNMANNED AIRCRAFT -- DRONES
63G-18-101.
Title.
This chapter is known as [
the "Government Use of Unmanned Aircraft Systems Act."
]
"Unmanned Aircraft -- Drones."
Section 2. Section 
65A-3-2.5
 is enacted to read:
 65A-3-2.5.
Wildland fire and unmanned aircraft.
(1) As used in this section:
(a) "Incident commander" means the government official or employee in command of
the response to a wildland fire.
(b) "Sanctioned entity" includes a person that oversees, is employed by, or is working
under the direction of:
(i) a government entity;
(ii) a telecommunications provider;
(iii) a utility provider;
(iv) the owner or operator of a pipeline;
(v) an insurance provider;
(vi) a resource extraction entity;
(vii) news media;
(viii) a person that operates an unmanned aircraft system under a certificate of waiver,
a certificate of authorization, or any other grant of authority obtained from the Federal Aviation
Administration that expressly authorizes operation of the unmanned aircraft system; or
(ix) a person similar to a person described in Subsections (1)(c)(i) through (vii).
(c) "Unmanned aircraft" means an aircraft that is:
(i) capable of sustaining flight; and
(ii) operated with no possible direct human intervention from on or within the aircraft.
(d) "Unmanned aircraft system" means the entire system used to operate an unmanned
aircraft, including:
(i) the unmanned aircraft;
(ii) communications equipment;
(iii) navigation equipment;
(iv) controllers;
(v) support equipment; and
(vi) autopilot functionality.
(2) A person may not operate an unmanned aircraft system within an area that is under
a temporary flight restriction that is issued by the Federal Aviation Administration as a result of
the wildland fire, or an area designated as a wildland fire scene on a system managed by a
federal, state, or local government entity that disseminates emergency information to the
public, unless the person operates the unmanned aircraft system with the permission of, and in
accordance with the restrictions established by, the incident commander.
(3) A person, other than a government official or a government employee acting within
the person's capacity as a government official or government employee, that recklessly operates
an unmanned aircraft within an area described in Subsection (2) is guilty of:
(a) except as provided in Subsection (3)(b), (c), or (d), a class B misdemeanor;
(b) except as provided in Subsection (3)(c) or (d), a class A misdemeanor, if the
operation of the unmanned aircraft system causes an aircraft being used to contain or control a
wildland fire to:
(i) drop a payload of water or fire retardant in a location other than the location
originally designated for the aircraft to drop the payload; or
(ii) land without dropping a payload of water or fire retardant in the location originally
designated for the aircraft to drop the payload;
(c) except as provided in Subsection (3)(d), a third degree felony, if the operation of the
unmanned aircraft system causes the unmanned aircraft to come into direct physical contact
with a manned aircraft; or
(d) a second degree felony if the operation of the unmanned aircraft is the proximate
cause of a manned aircraft colliding with the ground, a structure, or another manned aircraft.
(4) The incident commander of a wildland fire shall grant reasonable access to the area
of, and within three miles of, the wildland fire to a sanctioned entity if:
(a) the access is for a purpose related to the responsibilities or business of the
sanctioned entity; and
(b) the access can be granted, with reasonable restrictions, without imposing a safety
risk or impairing efforts to control the wildland fire.
(5) A political subdivision of the state, or an entity within a political subdivision of the
state, may not enact a law, ordinance, or rule governing the private use of an unmanned aircraft
in relation to a wildland fire.