Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 111 Third Substitute (2017GS)

Sponsor

Sen. Harper, W.

Final action

Governor Signed 3/24/2017

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• defines terms;
• reorganizes existing code related to unmanned aircraft;
• preempts local laws related to unmanned aircraft;
• exempts unmanned aircraft from registration with the state of Utah;
• enacts provisions related to operation of unmanned aircraft by law enforcement, including:
• data collection, reporting, retention, and use;
• use of an unmanned aircraft for law enforcement operations; and
• use of data obtained by an unmanned aircraft operated by a civilian;
• establishes certain safety requirements and limitations for the operation of an unmanned aircraft;
• prohibits use of an unmanned aircraft equipped with a weapon;
• prohibits a person from:
• committing trespass with an unmanned aircraft;
• committing a privacy violation with an unmanned aircraft; or

Every vote on this bill

Bill text

UNMANNED AIRCRAFT AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Wayne A. Harper
House Sponsor: 
Kay J. Christofferson
LONG TITLE
General Description:
This bill modifies and establishes provisions related to unmanned aircraft. 
Highlighted Provisions:
This bill:
▸ defines terms;
▸ reorganizes existing code related to unmanned aircraft;
▸ preempts local laws related to unmanned aircraft;
▸ exempts unmanned aircraft from registration with the state of Utah;
▸ enacts provisions related to operation of unmanned aircraft by law enforcement,
including:
• data collection, reporting, retention, and use;
• use of an unmanned aircraft for law enforcement operations; and
• use of data obtained by an unmanned aircraft operated by a civilian;
▸ establishes certain safety requirements and limitations for the operation of an
unmanned aircraft;
▸ prohibits use of an unmanned aircraft equipped with a weapon;
▸ prohibits a person from:
• committing trespass with an unmanned aircraft;
• committing a privacy violation with an unmanned aircraft; or
• committing voyeurism with an unmanned aircraft;
▸ establishes criminal penalties; and
▸ makes technical changes
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
72-10-109
, as renumbered and amended by Laws of Utah 1998, Chapter 270
76-6-206
, as last amended by Laws of Utah 2015, Chapter 412
76-9-402
, as enacted by Laws of Utah 1973, Chapter 196
76-9-702.7
, as last amended by Laws of Utah 2004, Chapter 52
ENACTS:
72-14-103
, Utah Code Annotated 1953
72-14-104
, Utah Code Annotated 1953
72-14-201
, Utah Code Annotated 1953
72-14-202
, Utah Code Annotated 1953
72-14-205
, Utah Code Annotated 1953
72-14-301
, Utah Code Annotated 1953
72-14-302
, Utah Code Annotated 1953
72-14-303
, Utah Code Annotated 1953
72-14-401
, Utah Code Annotated 1953
72-14-402
, Utah Code Annotated 1953
72-14-403
, Utah Code Annotated 1953
RENUMBERS AND AMENDS:
72-14-101
, (Renumbered from 63G-18-101, as last amended by Laws of Utah 2016,
Chapter 101)
72-14-102
, (Renumbered from 63G-18-102, as last amended by Laws of Utah 2015,
Chapter 269)
72-14-203
, (Renumbered from 63G-18-103, as last amended by Laws of Utah 2015,
Chapter 269)
72-14-204
, (Renumbered from 63G-18-104, as last amended by Laws of Utah 2015,
Chapter 269)
REPEALS:
63G-18-105
, as last amended by Laws of Utah 2015, Chapter 269
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
72-10-109
 is amended to read:
72-10-109.
Certificate of registration of aircraft required -- Exceptions.
(1) (a) A person may not operate, pilot, or navigate, or cause or authorize to be
operated, piloted, or navigated within this state any civil aircraft located in this state unless the
aircraft has a current certificate of registration issued by this state through the county in which
the aircraft is located.
(b) This restriction does not apply to aircraft licensed by a foreign country with which
the United States has a reciprocal agreement covering the operations of the registered aircraft
or to a non-passenger-carrying flight solely for inspection or test purposes authorized by the
Federal Aviation Administration to be made without the certificate of registration.
(2) Aircraft assessed by the State Tax Commission are exempt from the state
registration requirement under Subsection (1).
(3) Unmanned aircraft as defined in Section 
72-14-102
 are exempt from the state
registration requirement under Subsection (1).
Section 2. Section 
72-14-101
, which is renumbered from Section 63G-18-101 is
renumbered and amended to read:
CHAPTER 14. UNMANNED AIRCRAFT -- DRONES
Part 1. General Provisions
[
63G-18-101
].
 72-14-101.
Title.
This chapter is known as "Unmanned Aircraft -- Drones."
Section 3. Section 
72-14-102
, which is renumbered from Section 63G-18-102 is
renumbered and amended to read:
[
63G-18-102
].
 72-14-102.
Definitions.
As used in this chapter:
[
(1) "Law enforcement agency" means an entity of the state or an entity of a political
subdivision of the state, including an entity of a state institution of higher education, that exists
primarily to prevent, detect, or prosecute crime and enforce criminal statutes or ordinances.
]
[
(2) "Nongovernment actor" means a person that is not:
]
[
(a) an agency, department, division, or other entity within state government;
]
[
(b) a person employed by or otherwise acting in an official capacity on behalf of the
state;
]
[
(c) a political subdivision of the state; or
]
[
(d) a person employed by or otherwise acting in an official capacity on behalf of a
political subdivision of the state.
]
[
(3) "Target" means a person upon whom, or a structure or area upon which, a person:
]
[
(a) has intentionally collected or attempted to collect information through the
operation of an unmanned aircraft system; or
]
[
(b) plans to collect or attempt to collect information through the operation of an
unmanned aircraft system.
]
[
(4) "Testing site" means an area that:
]
[
(a) has boundaries that are clearly identified using GPS coordinates;
]
[
(b) a law enforcement agency identifies in writing to the Department of Public Safety,
including the boundaries identified under Subsection (4)(a);
]
[
(c) is not more than three square miles; and
]
[
(d) contains no occupied structures.
]
(1) "Airport" means the same as that term is defined in Section 
72-10-102
.
(2) "Airport operator" means the same as that term is defined in Section 
72-10-102
.
[
(5) (a)
] 
(3)
 "Unmanned aircraft [
system
]" means an aircraft that 
is
:
[
(i)
] 
(a)
 [
is
] capable of sustaining flight; and
[
(ii)
] 
(b)
 [
operates
] 
operated
 with no possible direct human intervention from on or
within the aircraft.
[
(b)
] 
(4)
 "Unmanned aircraft system" [
does not include an unmanned aircraft that is
flown
] 
means the entire system used to operate an unmanned aircraft, including
:
[
(i) within visual line of sight of the individual operating the aircraft; and
]
[
(ii) strictly for hobby or recreational purposes.
]
(a) the unmanned aircraft, including payload;
(b) communications equipment;
(c) navigation equipment;
(d) controllers;
(e) support equipment; and
(f) autopilot functionality.
Section 4. Section 
72-14-103
 is enacted to read:
 72-14-103.
Preemption of local ordinance.
(1) 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
unless:
(a) authorized by this chapter; or
(b) the political subdivision or entity is an airport operator that enacts the law, rule, or
ordinance to govern:
(i) the operation of an unmanned aircraft within the geographic boundaries of the
airport over which the airport operator has authority; or
(ii) the takeoff or landing of an unmanned aircraft at the airport over which the airport
operator has authority.
(2) This chapter supersedes any law, ordinance, or rule enacted by a political
subdivision of the state before July 1, 2017.
Section 5. Section 
72-14-104
 is enacted to read:
 72-14-104.
Applicability.
The following parts do not apply to a person who operates an unmanned aircraft
system, including for commercial purposes, under a Certificate of Waiver, Certificate of
Authorization, remote pilot certificate with a small unmanned aircraft system rating, or any
other grant of authority obtained from the Federal Aviation Administration that specifically
authorizes the operation of the unmanned aircraft system:
(1) Title 72, Chapter 14, Part 3, Unlawful Use of Unmanned Aircraft; and
(2) Title 72, Chapter 14, Part 4, Safe Use of Unmanned Aircraft.
Section 6. Section 
72-14-201
 is enacted to read:
Part 2. Law Enforcement Use of Unmanned Aircraft
 72-14-201.
Title.
This part is known as "Law Enforcement Use of Unmanned Aircraft."
Section 7. Section 
72-14-202
 is enacted to read:
 72-14-202.
Definitions.
As used in this part:
(1) "Civilian" means a person that is not a law enforcement officer.
(2) "Law enforcement agency" means the same as that term is defined in Section
53-3-102
.
(3) "Law enforcement officer" means the same as that term is defined in Section
53-13-103
.
(4) "Target" means a person upon whom, or an object, structure, or area upon which,
another person:
(a) has intentionally collected or attempted to collect information through the operation
of an unmanned aircraft system; or
(b) intends to collect or to attempt to collect information through the operation of an
unmanned aircraft system.
Section 8. Section 
72-14-203
, which is renumbered from Section 63G-18-103 is
renumbered and amended to read:
[
63G-18-103
].
 72-14-203.
Unmanned aircraft system use requirements --
Exceptions.
(1) A law enforcement agency 
or officer
 may not obtain, receive, or use data acquired
through an unmanned aircraft system unless the data is obtained:
(a) pursuant to a search warrant;
(b) in accordance with judicially recognized exceptions to warrant requirements;
(c) in a public location in which a person has no reasonable expectation of privacy; or
[
(c)
] 
(d)
 subject to Subsection (2), from a person who is a nongovernment actor[
;
]
.
[
(d) at a testing site; or
]
[
(e) to locate a lost or missing person in an area in which a person has no reasonable
expectation of privacy.
]
(2) A nongovernment actor may [
only
] disclose 
to a law enforcement officer or agency
data acquired through an unmanned aircraft system [
to a law enforcement agency
] 
and a law
enforcement officer or agency may only use the data for law enforcement purposes
 if:
(a) the data appears to pertain to the commission of a crime; or
(b) the [
nongovernment actor
] 
law enforcement agency or officer
 believes, in good
faith, that:
(i) the data pertains to an imminent or ongoing emergency involving danger of death or
serious bodily injury to an individual; and
(ii) disclosing the data would assist in remedying the emergency.
(3) A law enforcement agency 
or officer
 that obtains, receives, or uses data acquired
[
under Subsection (1)(d) or (e)
] 
through the use of an unmanned aircraft system or through
Subsection (2)
 shall destroy the data as soon as reasonably possible after the law enforcement
agency 
or officer
 obtains, receives, or uses the data 
subject to an applicable retention schedule
under Title 63G, Chapter 2, Government Records Access and Management Act, or a federal,
state, or local law
.
[
(4) A law enforcement agency that operates an unmanned aircraft system under
Subsection (1)(d) may not operate the unmanned aircraft system outside of the testing site.
]
Section 9. Section 
72-14-204
, which is renumbered from Section 63G-18-104 is
renumbered and amended to read:
[
63G-18-104
].
 72-14-204.
Data retention.
(1) Except as provided in this section, a law enforcement agency:
(a) may not use, copy, or disclose data collected by an unmanned aircraft system on a
person, structure, or area that is not a target; and
(b) 
in accordance with applicable federal, state, and local laws,
 shall ensure that data
described in Subsection (1)(a) is destroyed as soon as reasonably possible after the law
enforcement agency collects or receives the data.
(2) A law enforcement agency is not required to comply with Subsection (1) if:
(a) deleting the data would also require the deletion of data that:
(i) relates to the target of the operation; and
(ii) is requisite for the success of the operation;
(b) the law enforcement agency receives the data:
(i) through a court order that:
(A) requires a person to release the data to the law enforcement agency; or
(B) prohibits the destruction of the data; or
(ii) from a person who is a nongovernment actor;
(c) (i) the data was collected inadvertently; and
(ii) the data appears to pertain to the commission of a crime;
(d) (i) the law enforcement agency reasonably determines that the data pertains to an
emergency situation; and
(ii) using or disclosing the data would assist in remedying the emergency; or
(e) the data was collected through the operation of an unmanned aircraft system over
public lands outside of municipal boundaries.
Section 10. Section 
72-14-205
 is enacted to read:
 72-14-205.
Reporting.
(1) As used in this section, "law enforcement encounter" means the same as that term is
defined in Section 
77-7a-103
.
(2) A law enforcement officer or agency that operates an unmanned aircraft system
while on duty or acting in the law enforcement officer's or agency's official capacity, or obtains
or receives data in accordance with Section 
72-14-203
, shall document the following in any
report or other official record of the law enforcement encounter:
(a) the presence and use of the unmanned aircraft;
(b) any data acquired; and
(c) if applicable, the person from whom data was received in accordance with
Subsection 
72-14-203
(2).
Section 11. Section 
72-14-301
 is enacted to read:
Part 3. Unlawful Use of Unmanned Aircraft
 72-14-301.
Title.
This part is known as "Unlawful Use of Unmanned Aircraft."
Section 12. Section 
72-14-302
 is enacted to read:
 72-14-302.
Reserved.
Reserved.
Section 13. Section 
72-14-303
 is enacted to read:
 72-14-303.
Weapon attached to unmanned aircraft -- Penalties.
(1) As used in this section "weapon" means:
(a) a firearm as described in Section 
76-10-501
; or
(b) an object that in the manner of the object's use or intended use is capable of causing
death, bodily injury, or damage to property, as determined according to the following factors:
(i) the location and circumstances in which the object is used or possessed;
(ii) the primary purpose for which the object is made;
(iii) the character of the wound, if any, the object is likely cause;
(iv) the manner in which the object is used;
(v) whether the manner in which the object is used or possessed constitutes a potential
imminent threat to public safety; and
(vi) the lawful purposes for which the object may be used.
(2) (a) Except as provided in Subsection (3), a person may not fly an unmanned aircraft
that carries a weapon or to which a weapon is attached.
(b) A person that violates Subsection (2)(a) is guilty of a class B misdemeanor.
(3) A person may fly an unmanned aircraft that carries a weapon or to which a weapon
is attached if the person:
(a) (i) obtains a certificate of authorization, or other written approval, from the Federal
Aviation Administration authorizing the person to fly the unmanned aircraft that carries the
weapon or to which the weapon is attached; and
(ii) operates the unmanned aircraft in accordance with the certificate of authorization or
other written approval;
(b) (i) obtains a contract with the state or the federal government permitting the person
to fly the unmanned aircraft that carries the weapon or to which the weapon is attached; and
(ii) operates the unmanned aircraft in accordance with the contract; or
(c) operates the unmanned aircraft that carries the weapon or to which the weapon is
attached in airspace controlled by the United States Department of Defense, with the
permission of the United States Department of Defense.
Section 14. Section 
72-14-401
 is enacted to read:
Part 4. Safe Use of Unmanned Aircraft
 72-14-401.
Title.
This part is known as "Safe Use of Unmanned Aircraft."
Section 15. Section 
72-14-402
 is enacted to read:
 72-14-402.
Reserved.
Reserved.
Section 16. Section 
72-14-403
 is enacted to read:
 72-14-403.
Safe operation of unmanned aircraft.
(1) For purposes of this section, "civil twilight" refers to:
(a) a period of time that begins 30 minutes before official sunrise and ends at official
sunrise; and
(b) a period of time that begins at official sunset and ends 30 minutes after official
sunset.
(2) An individual that operates an unmanned aircraft system to fly an unmanned
aircraft for recreational purposes shall comply with this section and 14 C.F.R. Sec. 101,
Subpart E.
(3) (a) An individual may not operate an unmanned aircraft for recreational purposes
during night.
(b) (i) Unless the unmanned aircraft has lighted anti-collision lighting visible for at
least three miles, an individual may not operate an unmanned aircraft during periods of civil
twilight.
(ii) If an unmanned aircraft is equipped with anti-collision lighting as described in
Subsection (3)(b)(i), an individual that is operating during civil twilight may reduce the
intensity of the anti-collision lighting if the operator determines that, because of operating
conditions, it would be in the interest of safety to do so.
(4) An individual operating an unmanned aircraft shall:
(a) maintain visual line of sight of the unmanned aircraft in order to:
(i) know the location of the unmanned aircraft;
(ii) determine the attitude, altitude, and direction of flight;
(iii) observe the airspace for other air traffic or hazards; and
(iv) determine that the unmanned aircraft does not endanger the life or property of
another person;
(b) ensure that the ability described in Subsection (4)(a)(i) is exercised by either:
(i) the operator of the unmanned aircraft; or
(ii) a visual observer.
(5) An individual may not operate an unmanned aircraft over a human being unless that
human being is:
(a) directly participating in the operation of the unmanned aircraft; or
(b) located under a covered structure or inside a stationary vehicle that can provide
reasonable protection from a falling unmanned aircraft.
(6) An individual may not operate an unmanned aircraft in Class B, Class C, or Class
D airspace or within the lateral boundaries of the surface area of Class E airspace designated
for an airport unless the operator of the unmanned aircraft has prior authorization from Air
Traffic Control.
(7) An individual may not operate an unmanned aircraft in a manner that interferes
with operations and traffic patterns at any airport, heliport, or seaplane base.
(8) An individual may not operate an unmanned aircraft in prohibited or restricted
areas unless that person has permission from the using or controlling agency, as appropriate.
(9) An individual may not operate an unmanned aircraft in violation of a notice to
airmen described in 14 C.F.R. Sec. 107.47.
(10) An individual may not operate an unmanned aircraft at an altitude that is higher
than 400 feet above ground level unless the unmanned aircraft:
(a) is flown within a 400-foot radius of a structure; and
(b) does not fly higher than 400 feet above the structure's immediate uppermost limit.
(11) (a) An individual who violates this section is liable for any damages that may
result from the violation.
(b) A law enforcement officer shall issue a written warning to an individual who
violates this section who has not previously received a written warning for a violation of this
section.
(c) Except as provided in Subsection (11)(d), an individual who violates this section
after receiving a written warning for a previous violation of this section is guilty of an
infraction.
(d) An individual who violates this section is guilty of a class B misdemeanor for each
conviction of a violation of this section after the individual is convicted of an infraction or a
misdemeanor for a previous violation of this section.
Section 17. Section 
76-6-206
 is amended to read:
76-6-206.
Criminal trespass.
(1) As used in this section[
, "enter"
]
:
 (a) "Enter"
 means intrusion of the entire body[
.
] 
or the entire unmanned aircraft.
(b) "Remain unlawfully," as that term relates to an unmanned aircraft, means remaining
on or over private property when:
(i) the private property or any portion of the private property is not open to the public;
and
(ii) the person operating the unmanned aircraft is not otherwise authorized to fly the
unmanned aircraft over the private property or any portion of the private property.
(2) A person is guilty of criminal trespass if, under circumstances not amounting to
burglary as defined in Section 
76-6-202
, 
76-6-203
, or 
76-6-204
 or a violation of Section
76-10-2402
 regarding commercial obstruction:
(a) the person enters or remains unlawfully on 
or causes an unmanned aircraft to enter
and remain unlawfully over
 property and:
(i) intends to cause annoyance or injury to any person or damage to any property,
including the use of graffiti as defined in Section 
76-6-107
;
(ii) intends to commit any crime, other than theft or a felony; or
(iii) is reckless as to whether [
his
] 
the person's or unmanned aircraft's
 presence will
cause fear for the safety of another;
(b) knowing the person's 
or unmanned aircraft's
 entry or presence is unlawful, the
person enters or remains on [
property as
] 
or causes an unmanned aircraft to enter or remain
unlawfully over property
 to which notice against entering is given by:
(i) personal communication to the [
actor
] 
person
 by the owner or someone with
apparent authority to act for the owner;
(ii) fencing or other enclosure obviously designed to exclude intruders; or
(iii) posting of signs reasonably likely to come to the attention of intruders; or
(c) the person enters a condominium unit in violation of Subsection 
57-8-7
(8).
(3) (a) A violation of Subsection (2)(a) or (b) is a class B misdemeanor unless [
it was
]
the violation is
 committed in a dwelling, in which event [
it
] 
the violation
 is a class A
misdemeanor.
(b) A violation of Subsection (2)(c) is an infraction.
(4) It is a defense to prosecution under this section that:
(a) the property was at the time open to the public; and
(b) the actor complied with all lawful conditions imposed on access to or remaining on
the property.
Section 18. Section 
76-9-402
 is amended to read:
76-9-402.
Privacy violation.
(1) A person is guilty of privacy violation if, except as authorized by law, [
he
] 
the
person
:
(a) trespasses on property with intent to subject anyone to eavesdropping or other
surveillance in a private place; [
or
]
(b) [
Installs in any
] 
installs, or uses after unauthorized installation in a
 private place,
without the consent of the person or persons entitled to privacy [
there
] 
in the private place
, any
device for observing, photographing, 
hearing,
 recording, amplifying, or broadcasting sounds or
events in the [
place or uses any such unauthorized installation
] 
private place
; or
(c) installs or uses outside of a private place [
any
] 
a
 device for 
observing,
photographing,
 hearing, recording, amplifying, or broadcasting sounds 
or events
 originating in
the 
private
 place which would not ordinarily be audible
, visible
 or comprehensible outside 
the
private place
, without the consent of the person or persons entitled to privacy [
there
] 
in the
private place
.
(2) Privacy violation is a class B misdemeanor.
Section 19. Section 
76-9-702.7
 is amended to read:
76-9-702.7.
Voyeurism offenses -- Penalties.
(1) A person is guilty of voyeurism who intentionally uses [
a camcorder, motion
picture camera, photographic camera of any type, or other equipment that is concealed or
disguised to secretly or surreptitiously videotape, film, photograph, record, or view by
electronic means an individual
] 
any type of technology to secretly or surreptitiously record
video of a person
:
(a) for the purpose of viewing any portion of the individual's body regarding which the
individual has a reasonable expectation of privacy, whether or not that portion of the body is
covered with clothing;
(b) without the knowledge or consent of the individual; and
(c) under circumstances in which the individual has a reasonable expectation of
privacy.
(2) A violation of Subsection (1) is a class A misdemeanor, except that a violation of
Subsection (1) committed against a child under 14 years of age is a third degree felony.
(3) Distribution or sale of any images, including in print, electronic, magnetic, or
digital format, obtained under Subsection (1) by transmission, display, or dissemination is a
third degree felony, except that if the violation of this Subsection (3) includes images of a child
under 14 years of age, the violation is a second degree felony.
(4) A person is guilty of voyeurism who, under circumstances not amounting to a
violation of Subsection (1), views or attempts to view an individual, with or without the use of
any instrumentality:
(a) with the intent of viewing any portion of the individual's body regarding which the
individual has a reasonable expectation of privacy, whether or not that portion of the body is
covered with clothing;
(b) without the knowledge or consent of the individual; and
(c) under circumstances in which the individual has a reasonable expectation of
privacy.
(5) A violation of Subsection (4) is a class B misdemeanor, except that a violation of
Subsection (4) committed against a child under 14 years of age is a class A misdemeanor.
Section 20. 
Repealer.
This bill repeals:
Section 
63G-18-105
,
Reporting.
Legislative Review Note
Office of Legislative Research and General Counsel