Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 24 First Substitute (2023GS)

Sponsor

Sen. Harper, W.

Final action

Governor Signed 3/14/2023

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• renumbers and amends provisions related to unmanned aircraft systems and organizes those provisions with code related to the Division of Aeronautics;
• amends the powers of the Division of Aeronautics to include oversight of vertiports and other topics related to advanced air mobility systems;
• requires registration of unmanned aircraft systems and advanced air mobility systems;
• grants rulemaking authority to the Department of Transportation to make rules related to registration fees and registration requirements for unmanned aircraft systems and advanced air mobility systems;
• enacts and amends provisions related to preemption of local ordinances and business licensing of advanced air mobility business; and
• makes technical changes.

Every vote on this bill

Bill text

ADVANCED AIR MOBILITY AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Wayne A. Harper
House Sponsor: 
Kay J. Christofferson
LONG TITLE
General Description:
This bill amends and enacts provisions related to advanced air mobility systems.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ renumbers and amends provisions related to unmanned aircraft systems and
organizes those provisions with code related to the Division of Aeronautics;
▸ amends the powers of the Division of Aeronautics to include oversight of vertiports
and other topics related to advanced air mobility systems;
▸ requires registration of unmanned aircraft systems and advanced air mobility
systems;
▸ grants rulemaking authority to the Department of Transportation to make rules
related to registration fees and registration requirements for unmanned aircraft
systems and advanced air mobility systems;
▸ enacts and amends provisions related to preemption of local ordinances and
business licensing of advanced air mobility business; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
72-10-102
, as last amended by Laws of Utah 2019, Chapters 431, 479
72-10-103
, as last amended by Laws of Utah 2019, Chapter 431
72-10-109
, as last amended by Laws of Utah 2018, Chapter 436
72-10-110
, as last amended by Laws of Utah 2018, Chapter 436
76-2-106
, as enacted by Laws of Utah 2022, Chapter 93
76-9-308
, as last amended by Laws of Utah 2022, Chapter 99
ENACTS:
72-10-1001
, Utah Code Annotated 1953
RENUMBERS AND AMENDS:
72-10-701
, (Renumbered from 72-14-103, as last amended by Laws of Utah 2022,
Chapter 99)
72-10-702
, (Renumbered from 72-14-104, as enacted by Laws of Utah 2017, Chapter
364)
72-10-801
, (Renumbered from 72-14-202, as enacted by Laws of Utah 2017, Chapter
364)
72-10-802
, (Renumbered from 72-14-203, as last amended by Laws of Utah 2022,
Chapter 64)
72-10-803
, (Renumbered from 72-14-204, as renumbered and amended by Laws of
Utah 2017, Chapter 364)
72-10-804
, (Renumbered from 72-14-205, as enacted by Laws of Utah 2017, Chapter
364)
72-10-901
, (Renumbered from 72-14-302, as enacted by Laws of Utah 2017, Chapter
364)
72-10-902
, (Renumbered from 72-14-303, as enacted by Laws of Utah 2017, Chapter
364)
72-10-903
, (Renumbered from 72-14-304, as enacted by Laws of Utah 2018, Chapter
40)
72-10-1002
, (Renumbered from 72-14-403, as enacted by Laws of Utah 2017, Chapter
364)
REPEALS:
72-14-101
, as renumbered and amended by Laws of Utah 2017, Chapter 364
72-14-102
, as last amended by Laws of Utah 2022, Chapter 99
72-14-201
, as enacted by Laws of Utah 2017, Chapter 364
72-14-301
, as enacted by Laws of Utah 2017, Chapter 364
72-14-401
, as enacted by Laws of Utah 2017, Chapter 364
72-14-402
, as enacted by Laws of Utah 2017, Chapter 364
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
72-10-102
 is amended to read:
72-10-102.
Definitions.
As used in this chapter:
(1) "Acrobatics" means the intentional maneuvers of an aircraft not necessary to air
navigation.
(2) (a) "Advanced air mobility system" means a system that transports individuals and
property using piloted and unpiloted aircraft, including electric aircraft and electric vertical
takeoff and landing aircraft, in controlled or uncontrolled airspace.
(b) "Advanced air mobility system" includes each component of a system described in
Subsection (2)(a), including:
(i) the aircraft, including payload;
(ii) communications equipment;
(iii) navigation equipment;
(iv) controllers;
(v) support equipment; and
(vi) remote and autonomous functions.
(3) "Aerial transit corridor" means an airspace volume defining a three-dimensional
route segment with performance requirements to operate within or to cross where tactical air
traffic control separation services are not provided.
[
(2)
] 
(4)
 "Aeronautics" means transportation by aircraft, air instruction, the operation,
repair, or maintenance of aircraft, and the design, operation, repair, or maintenance of airports,
or other air navigation facilities.
[
(3)
] 
(5)
 "Aeronautics instructor" means any individual engaged in giving or offering to
give instruction in aeronautics, flying, or ground subjects, either with or without:
(a) compensation or other reward;
(b) advertising the occupation;
(c) calling his facilities an air school, or any equivalent term; or
(d) employing or using other instructors.
[
(4)
] 
(6)
 "Aircraft" means any contrivance now known or in the future invented, used,
or designed for navigation of or flight in the air.
[
(5)
] 
(7)
 "Air instruction" means the imparting of aeronautical information by any
aviation instructor or in any air school or flying club.
[
(6)
] 
(8)
 "Airport" means any area of land, water, or both, that:
(a) is used or is made available for landing and takeoff;
(b) provides facilities for the shelter, supply, and repair of aircraft, and handling of
passengers and cargo;
(c) meets the minimum requirements established by the department as to size and
design, surface, marking, equipment, and operation; and
(d) includes all areas shown as part of the airport in the current airport layout plan as
approved by the Federal Aviation Administration.
[
(7)
] 
(9)
 "Airport authority" means a political subdivision of the state, other than a
county or municipality, that is authorized by statute to operate an airport.
[
(8)
] 
(10)
 "Airport operator" means a municipality, county, or airport authority that
owns or operates a commercial airport.
[
(9)
] 
(11)
 (a) "Airport revenue" means:
(i) all fees, charges, rents, or other payments received by or accruing to an airport
operator for any of the following reasons:
(A) revenue from air carriers, tenants, lessees, purchasers of airport properties, airport
permittees making use of airport property and services, and other parties;
(B) revenue received from the activities of others or the transfer of rights to others
relating to the airport, including revenue received:
(I) for the right to conduct an activity on the airport or to use or occupy airport
property;
(II) for the sale, transfer, or disposition of airport real or personal property, or any
interest in that property, including transfer through a condemnation proceeding;
(III) for the sale of, or the sale or lease of rights in, mineral, natural, or agricultural
products or water owned by the airport operator to be taken from the airport; and
(IV) for the right to conduct an activity on, or for the use or disposition of, real or
personal property or any interest in real or personal property owned or controlled by the airport
operator and used for an airport-related purpose but not located on the airport; or
(C) revenue received from activities conducted by the airport operator whether on or
off the airport, which is directly connected to the airport operator's ownership or operation of
the airport; and
(ii) state and local taxes on aviation fuel.
(b) "Airport revenue" does not include amounts received by an airport operator as
passenger facility fees pursuant to 49 U.S.C. Sec. 40117.
[
(10)
] 
(12)
 "Air school" means any person engaged in giving, offering to give, or
advertising, representing, or holding himself out as giving, with or without compensation or
other reward, instruction in aeronautics, flying, or ground subjects, or in more than one of these
subjects.
[
(11)
] 
(13)
 "Airworthiness" means conformity with requirements prescribed by the
Federal Aviation Administration regarding the structure or functioning of aircraft, engine,
parts, or accessories.
[
(12)
] 
(14)
 "Civil aircraft" means any aircraft other than a public aircraft.
[
(13)
] 
(15)
 "Commercial aircraft" means aircraft used for commercial purposes.
[
(14)
] 
(16)
 "Commercial airport" means a landing area, landing strip, or airport that
may be used for commercial operations.
[
(15)
] 
(17)
 "Commercial flight operator" means a person who conducts commercial
operations.
[
(16)
] 
(18)
 "Commercial operations" means:
(a) any operations of an aircraft for compensation or hire or any services performed
incidental to the operation of any aircraft for which a fee is charged or compensation is
received, including the servicing, maintaining, and repairing of aircraft, the rental or charter of
aircraft, the operation of flight or ground schools, the operation of aircraft for the application or
distribution of chemicals or other substances, and the operation of aircraft for hunting and
fishing; or
(b) the brokering or selling of any of these services; but
(c) does not include any operations of aircraft as common carriers certificated by the
federal government or the services incidental to those operations.
(19) "Correctional facility" means the same as that term is defined in Section
77-16b-102
.
[
(17)
] 
(20)
 "Dealer" means any person who is actively engaged in the business of flying
for demonstration purposes, or selling or exchanging aircraft, and who has an established place
of business.
[
(18)
] 
(21)
 "Experimental aircraft" means:
(a) any aircraft designated by the Federal Aviation Administration or the military as
experimental and used solely for the purpose of experiments, or tests regarding the structure or
functioning of aircraft, engines, or their accessories; and
(b) any aircraft designated by the Federal Aviation Administration as:
(i) being custom or amateur built; and
(ii) used for recreational, educational, or display purposes.
[
(19)
] 
(22)
 "Flight" means any kind of locomotion by aircraft while in the air.
[
(20)
] 
(23)
 "Flying club" means five or more persons who for neither profit nor reward
own, lease, or use one or more aircraft for the purpose of instruction, pleasure, or both.
[
(21)
] 
(24)
 "Glider" means an aircraft heavier than air, similar to an airplane, but
without a power plant.
[
(22)
] 
(25)
 "Mechanic" means a person who constructs, repairs, adjusts, inspects, or
overhauls aircraft, engines, or accessories.
[
(23)
] 
(26)
 "Parachute jumper" means any person who has passed the required test for
jumping with a parachute from an aircraft, and has passed an examination showing that he
possesses the required physical and mental qualifications for the jumping.
[
(24)
] 
(27)
 "Parachute rigger" means any person who has passed the required test for
packing, repairing, and maintaining parachutes.
[
(25)
] 
(28)
 "Passenger aircraft" means aircraft used for transporting persons, in
addition to the pilot or crew, with or without their necessary personal belongings.
[
(26)
] 
(29)
 "Person" means any individual, corporation, limited liability company, or
association of individuals.
[
(27)
] 
(30)
 "Pilot" means any person who operates the controls of an aircraft while
in-flight.
[
(28)
] 
(31)
 "Primary glider" means any glider that has a gliding angle of less than 10 to
one.
[
(29)
] 
(32)
 "Public aircraft" means an aircraft used exclusively in the service of any
government or of any political subdivision, including the government of the United States, of
the District of Columbia, and of any state, territory, or insular possession of the United States,
but not including any government-owned aircraft engaged in carrying persons or goods for
commercial purposes.
[
(30)
] 
(33)
 "Reckless flying" means the operation or piloting of any aircraft recklessly,
or in a manner as to endanger the property, life, or body of any person, due regard being given
to the prevailing weather conditions, field conditions, and to the territory being flown over.
[
(31)
] 
(34)
 "Registration number" means the number assigned by the Federal Aviation
Administration to any aircraft, whether or not the number includes a letter or letters.
[
(32)
] 
(35)
 "Secondary glider" means any glider that has a gliding angle between 10 to
one and 16 to one, inclusive.
[
(33)
] 
(36)
 "Soaring glider" means any glider that has a gliding angle of more than 16
to one.
(37) "Unmanned aircraft" means an aircraft that is:
(a) capable of sustaining flight; and
(b) operated with no possible direct human intervention from on or within the aircraft.
(38) "Unmanned aircraft system" means the entire system used to operate an unmanned
aircraft, including:
(a) the unmanned aircraft, including payload;
(b) communications equipment;
(c) navigation equipment;
(d) controllers;
(e) support equipment; and
(f) autopilot functionality.
(39) "Unmanned aircraft system traffic management" means a traffic management
ecosystem for uncontrolled operations, including unmanned aircraft systems, that is separate
from, but complementary to, the Federal Aviation Administration's air traffic management 
system.
(40) "Vertiport" means an area of land, or a structure, used or intended to be used for
electric, hydrogen, and hybrid vertical aircraft landings and takeoffs, including associated
buildings and facilities.
Section 2. Section 
72-10-103
 is amended to read:
72-10-103.
Rulemaking requirement.
(1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
department shall make rules:
(a) governing the establishment, location, and use of air navigation facilities;
(b) regulating the use, licensing, and supervision of 
all
 airports 
and vertiports in this
state
;
(c) establishing minimum standards with which all air navigation facilities, flying
clubs, aircraft, gliders, pilots, and airports must comply; and
(d) safeguarding from accident and protecting the safety of persons operating or using
aircraft and persons and property on the ground.
(2) The rules may:
(a) require that any device or accessory that forms part of any aircraft or its equipment
be certified as complying with this chapter;
(b) limit the use of any device or accessory as necessary for safety; and
(c) develop and promote aeronautics within this state.
(3) (a) To avoid the danger of accident incident to confusion arising from conflicting
rules governing aeronautics, the rules shall conform as nearly as possible with federal
legislation, rules, regulations, and orders on aeronautics.
(b) The rules may not be inconsistent with paramount federal legislation, rules,
regulations, and orders on the subject.
(4) The department may not require any pilot, aircraft, or mechanic who has procured a
license under the Civil Aeronautics Authority of the United States to obtain a license from this
state, other than required by this chapter.
(5) The department may not make rules that conflict with the regulations of:
(a) the Civil Aeronautics Authority; or
(b) other federal agencies authorized to regulate the particular activity.
(6) The department shall comply with the procedures and requirements of Title 63G,
Chapter 4, Administrative Procedures Act, in its adjudicative proceedings.
Section 3. 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 domiciled in this state unless
the aircraft has a current certificate of registration issued by the department.
(b) The restriction described in Subsection (1)(a) 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 centrally assessed by the State Tax Commission are exempt from the state
registration requirement under Subsection (1).
(3) Beginning on January 1, 2024, a person may not operate in this state an unmanned
aircraft system or an advanced air mobility aircraft for commercial operation for which
certification is required under 14 C.F.R. Part 107 or 135 unless the aircraft has a current
certificate of registration issued by the department.
[
(3) Unmanned aircraft as defined in Section 
72-14-102
 are exempt from the state
registration requirement under Subsection (1).
]
Section 4. Section 
72-10-110
 is amended to read:
72-10-110.
Aircraft registration information requirements -- Registration fee --
Administration -- Partial year registration.
(1) All applications for aircraft registration shall contain:
(a) a description of the aircraft, including:
(i) the manufacturer or builder;
(ii) the Federal Aviation Administration aircraft registration number, type, year of
manufacture, or if an experimental aircraft, the year the aircraft was completed and certified for
air worthiness by an inspector of the Federal Aviation Administration; and
(iii) gross weight;
(b) the name and address of the owner of the aircraft; and
(c) where the aircraft is located, or the address where the aircraft is usually used or
based.
(2) (a) Except as provided in Subsection (3) 
or (4)
, at the time application is made for
registration or renewal of registration of an aircraft under this chapter, an annual registration
fee of 0.4% of the average wholesale value of the aircraft shall be paid.
(b) For purposes of calculating the average wholesale value of an aircraft under
Subsection (2)(a) or (3)(d), the department shall use the average wholesale value as stated in
the Aircraft Bluebook Price Digest.
(c) For an aircraft not listed in the Aircraft Bluebook Price Digest, the department shall
calculate the average wholesale value of the aircraft using common industry standards.
(d) (i) An owner of an aircraft may challenge the department's calculation of the
average wholesale value of the aircraft.
(ii) The department shall make rules in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, to establish a process for challenging the department's
calculation under Subsection (2)(d)(i).
(3) (a) An annual registration fee of $100 is imposed on an aircraft that is used:
(i) exclusively by an entity that is exempt from federal income taxation under Section
501(c)(3), Internal Revenue Code, and exempt from property taxation under Title 59, Chapter
2, Property Tax Act; and
(ii) for the emergency transportation of medical patients for at least 95% of its flight
time.
(b) An annual registration fee is imposed on an aircraft 60 years or older equal to the
lesser of:
(i) $100; or
(ii) the annual registration fee provided for under Subsection (2)(a).
(c) (i) Except as provided in Subsection (3)(c)(iii), an owner of an aircraft shall apply
for a certificate of registration described in Section 
72-10-109
, if the aircraft:
(A) is in the manufacture, construction, fabrication, assembly, or repair process;
(B) is not complete; and
(C) does not have a valid airworthiness certificate.
(ii) An aircraft described in Subsection (3)(c)(i) is exempt from the annual registration
fee described in Subsection (2)(a).
(iii) The registration requirement described in Subsection (3)(c)(i) does not apply to an
aircraft that, in accordance with Section 
59-12-104
, is exempt from the taxes imposed under
Title 59, Chapter 12, Sales and Use Tax Act.
(d) An annual registration fee of .25% of the average wholesale value of the aircraft is
imposed on an aircraft if the aircraft is:
(i) used by an air charter service for air charter; and
(ii) owned by a person other than the air charter service.
(e) The annual registration fee required in this section is due on December 31 of each
year.
(4) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
the department shall make rules to establish and administer a registration fee for an unmanned
aircraft system or an advanced air mobility system registered pursuant to Subsection
72-10-109
(3).
(b) The rules made pursuant to Subsection (4)(a) regarding registration and applicable
fees for an unmanned aircraft system or an advanced air mobility system may include:
(i) a system for classifying unmanned aircraft systems or an advanced air mobility
systems;
(ii) technical guidance for complying with state and federal law;
(iii) criteria under which the department may suspend or revoke registration;
(iv) criteria under which the department may waive registration requirements for an
applicant currently holding a valid license or permit to operate unmanned aircraft systems
issued by another state or territory of the United States, the District of Columbia, or the United
States; and
(v) other rules regarding operation as determined by the department.
[
(4)
] 
(5)
 (a) The department shall provide a registration card to an owner of an aircraft
if:
(i) the owner complies with the registration requirements of this section; and
(ii) the owner of the aircraft states that the aircraft has a valid airworthiness certificate.
(b) An owner of an aircraft shall carry the registration card in the registered aircraft.
[
(5)
] 
(6)
 The registration fees assessed under this chapter shall be collected by the
department to be distributed as provided in Subsection [
(6)
] 
(7)
.
[
(6)
] 
(7)
 After deducting the costs of administering all aircraft registrations under this
chapter, the department shall deposit all remaining aircraft registration fees [
in
] 
into
 the
Aeronautics Restricted Account created by Section 
72-2-126
.
[
(7)
] 
(8)
 Aircraft which are initially registered under this chapter for less than a full
calendar year shall be charged a registration fee which is reduced in proportion to the fraction
of the calendar year during which the aircraft is registered in this state.
[
(8)
] 
(9)
 (a) For purposes of this section, an aircraft based at the owner's airport means
an aircraft that is hangared, tied down, or parked at an owner's airport for a plurality of the year.
(b) Semi-annually, an owner or operator of an airport open to public use, or of an
airport that receives grant funding from the state, shall provide a list of all aircraft based at the
owner's airport to the department.
[
(9)
] 
(10)
 The department shall maintain a statewide database of all aircraft based
within the state.
[
(10)
] 
(11)
 The department may suspend or revoke a registration if the department
determines that the required fee has not been paid and the fee is not paid upon reasonable
notice and demand.
Section 5. Section 
72-10-701
, which is renumbered from Section 72-14-103 is
renumbered and amended to read:
Part 7. Unmanned Aircraft -- Drones
[
72-14-103
].
 72-10-701.
Preemption of local ordinance -- Business
licensing.
(1) As used in this section, "advanced air mobility business" means a business that
operates an unmanned aircraft system or an advanced air mobility system for a commercial
purpose that is required to obtain a certificate pursuant to 14 C.F.R. Part 107 or 135.
[
(1)
] 
(2)
 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 or the private use of an advanced air mobility system, 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 or an advanced air mobility system within the
geographic boundaries of the airport over which the airport operator has authority; or
(ii) the takeoff or landing of an unmanned aircraft or an aircraft operated as part of an
advanced air mobility system at the airport over which the airport operator has authority.
(3) (a) Subject to the provisions of this chapter, a political subdivision may require an
advanced air mobility business to obtain a business license if the advanced air mobility
business does not hold a current business license in good standing from another political
subdivision in the state.
(b) A political subdivision may only charge a licensing fee to an advanced air mobility
business in an amount that reimburses the political subdivision for the actual cost of processing
the business license.
(4) A political subdivision may not require an advanced air mobility business to:
(a) obtain a separate business license beyond the initial business license described in
Subsection (3)(a);
(b) pay a fee other than the fee for the initial business license described in Subsection
(3); or
(c) pay a fee for each employee the advanced air mobility business employs.
(5) A political subdivision shall provide a reasonable accommodation to an advanced
air mobility business with regard to any regulation or restriction on the size of the business.
(6) A political subdivision shall recognize as valid within the political subdivision the
business license of an advanced air mobility business obtained in another political subdivision
within the state, if the business license is current and in good standing.
[
(2)
] 
(7)
 This chapter supersedes any law, ordinance, or rule enacted by a political
subdivision of the state before July 1, [
] 
.
Section 6. Section 
72-10-702
, which is renumbered from Section 72-14-104 is
renumbered and amended to read:
[
72-14-104
].
 72-10-702.
Applicability.
This chapter does not apply to a person or business entity:
(1) using an unmanned aircraft for legitimate educational or business purposes; and
(2) operating the unmanned aircraft system in a manner consistent with applicable
Federal Aviation Administration rules, exemptions, or other authorizations.
Section 7. Section 
72-10-801
, which is renumbered from Section 72-14-202 is
renumbered and amended to read:
Part 8. Law Enforcement Use of Unmanned Aircraft
[
72-14-202
].
 72-10-801.
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 
72-10-802
, which is renumbered from Section 72-14-203 is
renumbered and amended to read:
[
72-14-203
].
 72-10-802.
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) subject to Subsection (2), from a person who is a nongovernment actor;
(d) to locate a lost or missing person in an area in which a person has no reasonable
expectation of privacy; or
(e) for purposes unrelated to a criminal investigation.
(2) A law enforcement officer or agency may only use for law enforcement purposes
data obtained from a nongovernment actor if:
(a) the data appears to pertain to the commission of a crime; or
(b) the 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
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) This section applies to any imaging surveillance device, as defined in Section
77-23d-102
, when used in conjunction with an unmanned aircraft system.
Section 9. Section 
72-10-803
, which is renumbered from Section 72-14-204 is
renumbered and amended to read:
[
72-14-204
].
 72-10-803.
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 
72-10-804
, which is renumbered from Section 72-14-205 is
renumbered and amended to read:
[
72-14-205
].
 72-10-804.
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
] 
72-10-802
, 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).
] 
72-10-802
(2).
Section 11. Section 
72-10-901
, which is renumbered from Section 72-14-302 is
renumbered and amended to read:
Part 9. Unlawful Use of Unmanned Aircraft
[
72-14-302
].
 72-10-901.
Definitions.
[
Reserved.
] 
As used in this part, "weapon" means:
(1) a firearm as that term is defined in Section 
76-10-501
; or
(2) 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:
(a) the location and circumstances in which the object is used or possessed;
(b) the primary purpose for which the object is made;
(c) the character of the damage, if any, the object is likely to cause;
(d) the manner in which the object is used;
(e) whether the manner in which the object is used or possessed constitutes a potential
imminent threat to public safety; and
(f) the lawful purposes for which the object may be used.
Section 12. Section 
72-10-902
, which is renumbered from Section 72-14-303 is
renumbered and amended to read:
[
72-14-303
].
 72-10-902.
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 damage, if any, the object is likely to 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)
] 
(1)
 (a) Except as provided in Subsection [
(3),
] 
(2),
 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)
] 
(1)(a)
 is guilty of a class B misdemeanor.
[
(3)
] 
(2)
 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 13. Section 
72-10-903
, which is renumbered from Section 72-14-304 is
renumbered and amended to read:
[
72-14-304
].
 72-10-903.
Unlawful operation of unmanned aircraft near
prison facilities -- Penalties.
(1) An individual may not operate an unmanned aircraft system:
(a) to carry or drop any item to or inside the property of a correctional facility; or
(b) in a manner that interferes with the operations or security of a correctional facility.
(2) (a) A violation of Subsection (1)(a) is a third degree felony.
(b) A violation of Subsection (1)(b) is a class B misdemeanor.
(3) An operator of an unmanned aircraft system does not violate Subsection (1) if the
operator is:
(a) an employee or contractor working on behalf of a mosquito abatement district
created pursuant to Title 17B, Limited Purpose Local Government Entities - Local Districts, or
Title 17D, Limited Purpose Local Government Entities - Other Entities; and
(b) acting in the course and scope of the operator's employment.
Section 14. Section 
72-10-1001
 is enacted to read:
Part 10. Safe Use of Unmanned Aircraft
 72-10-1001.
Reserved.
Reserved.
Section 15. Section 
72-10-1002
, which is renumbered from Section 72-14-403 is
renumbered and amended to read:
[
72-14-403
].
 72-10-1002.
Safe operation of unmanned aircraft.
(1) An individual who operates an unmanned aircraft system to fly an unmanned
aircraft for recreational purposes shall comply with this section or 14 C.F.R. Sec. 101, Subpart
E.
(2) 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 (2)(a)(i) is exercised by either:
(i) the operator of the unmanned aircraft; or
(ii) a visual observer.
(3) 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.
(4) 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.
(5) An individual may not operate an unmanned aircraft system:
(a) from a public transit rail platform or station; or
(b) (i) under a height of 50 feet within a public transit fixed guideway right-of-way;
and
(ii) directly above any overhead electric lines used to power a public transit rail
vehicle.
(6) An individual may not operate an unmanned aircraft in violation of a notice to
airmen described in 14 C.F.R. Sec. 107.47.
(7) 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.
(8) (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 (8)(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 16. Section 
76-2-106
 is amended to read:
76-2-106.
Commission of offense with aid of unmanned aircraft system.
(1) As used in this section:
(a) "Unmanned aircraft" means the same as that term is defined in Section [
72-14-102
]
72-10-102
.
(b) "Unmanned aircraft system" means the same as that term is defined in Section
[
72-14-102
] 
72-10-102
.
(2) An actor may be found guilty of an offense if:
(a) the actor commits the offense with the aid of an unmanned aircraft; and
(b) the unmanned aircraft system for the unmanned aircraft is under the actor's control
at the time of the offense.
Section 17. Section 
76-9-308
 is amended to read:
76-9-308.
Harassment of livestock.
(1) As used in this section:
(a) "Livestock" has the same meaning as that term is defined in Subsection
76-9-301
(1).
(b) "Unmanned aircraft system" means the same as that term is defined in Section
[
72-14-102
] 
72-10-102
.
(2) Except as provided in Subsection (3), a person is guilty of harassment of livestock
if the person intentionally, knowingly, or recklessly chases, with the intent of causing distress,
or harms livestock through the use of:
(a) a motorized vehicle or all-terrain vehicle;
(b) a dog; or
(c) an unmanned aircraft system.
(3) A person is not guilty of harassment of livestock if:
(a) the person is:
(i) the owner of the livestock;
(ii) an employee or agent of the owner, or otherwise acting under the owner's general
direction or with the owner's permission;
(iii) acting in an emergency situation to prevent damage to the livestock or property; or
(iv) an employee or agent of the state or a political subdivision and acting in the
employee or agent's official capacity; or
(b) the action is in line with generally accepted animal husbandry practices.
(4) A person who violates this section is guilty of:
(a) a class B misdemeanor if the violation is a first offense and:
(i) no livestock is seriously injured or killed as a result of the person's actions; or
(ii) the person's actions cause the livestock to be displaced onto property where the
livestock is not legally entitled to be; and
(b) a class A misdemeanor if:
(i) the person has previously been convicted of harassment of livestock under this
section;
(ii) livestock is seriously injured or killed as a result of the person's actions; or
(iii) livestock or property suffered damage in excess of $1,000, including money spent
in recovering the livestock, as a result of the person's actions.
Section 18. 
Repealer.
This bill repeals:
Section 
72-14-101
,
Title.
Section 
72-14-102
,
Definitions.
Section 
72-14-201
,
Title.
Section 
72-14-301
,
Title.
Section 
72-14-401
,
Title.
Section 
72-14-402
,
Reserved.