HF 3517

as introduced - 89th Legislature (2015 - 2016) Posted on 03/23/2016 11:16am

A bill for an act
relating to aeronautics; regulating the operation of unmanned aircraft systems;
providing penalties; authorizing rulemaking; amending Minnesota Statutes 2014,
sections 360.013, by adding a subdivision; 360.075, subdivision 1, by adding
subdivisions; 360.55, by adding a subdivision; proposing coding for new law in
Minnesota Statutes, chapter 360.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2014, section 360.013, is amended by adding a
subdivision to read:

new text begin Subd. 62. new text end

new text begin Unmanned aircraft system. new text end

new text begin "Unmanned aircraft system" means an
unmanned, powered aircraft that does not carry a human operator, can be autonomous or
remotely piloted or operated, and can be expendable or recoverable. Unmanned aircraft
system does not include a satellite orbiting the earth.
new text end

Sec. 2.

Minnesota Statutes 2014, section 360.075, subdivision 1, is amended to read:

Subdivision 1.

Misdemeanor.

Every person who:

(1) operates an aircraft either on or over land or water in this state without the
consent of the owner of such aircraft;

(2) operates aircraft while in the possession of any federal license, certificate, or
permit or any certificate of registration issued by the deleted text begin Transportation deleted text end Department of deleted text begin this
state deleted text end new text begin Transportation new text end , or displays, or causes or permits to be displayed, such federal license,
certificate, or permit or such state certificate of registration, knowing either to have been
canceled, revoked, suspended, or altered;

(3) lends to, or knowingly permits the use of by, one not entitled thereto of any
federal airman's or aircraft license, certificate, or permit, or any state airman's or aircraft
certificate of registration issued to that person;

(4) displays or represents as the person's own any federal airman's or aircraft license,
certificate, or permit or any state airman's or aircraft certificate of registration not issued
to that person;

(5) tampers with, climbs upon or into, makes use of, or navigates any aircraft without
the knowledge or consent of the owner or person having control thereof, whether while the
same is in motion or at rest, or hurls stones or any other missiles at aircraft, or the occupants
thereof, or otherwise damages or interferes with the same, or places upon any portion of any
airport any object, obstruction, or other device tending to injure aircraft or parts thereof;

(6) uses a false or fictitious name, gives a false or fictitious address, knowingly
makes any false statement or report, or knowingly conceals a material fact, or otherwise
commits a fraud in any application or form required under the provisions of sections
360.011 to 360.076, or by any rules or orders of the commissioner;

(7) operates any aircraft in such a manner as to indicate either a willful or a wanton
disregard for the safety of persons or property;

(8) carries on or over land or water in this state in an aircraft other than a public
aircraft any explosive substance except as permitted by deleted text begin the Federal Explosives Act, being
the Act of October 6, 1917, as amended by Public Law 775, 77th Congress, approved
November 24, 1942 deleted text end new text begin United States Code, title 18, chapter 40, and Code of Federal
Regulations, title 27, part 555 new text end ;

(9) discharges a gun, pistol, or other weapon in or from any aircraft in this state
except as the hunting of certain wild animals from aircraft may be permitted by other laws
of this state, or unless the person is the pilot or officer in command of the aircraft or a
peace officer or a member of the military or naval forces of the United States, engaged in
the performance of duty;

(10) carries in any aircraft, other than a public aircraft, any shotgun, rifle, pistol, or
small arms ammunition except in the manner in which such articles may be lawfully carried
in motor vehicles in this state, or is a person excepted from the provisions of clause (9);

(11) engages in acrobatic or stunt flying without being equipped with a parachute
and without providing any other occupants of the aircraft with parachutes and requiring
that they be worn;

(12) while in flying over a thickly inhabited area or over a public gathering in this
state, engages in trick or acrobatic flying or in any acrobatic feat;

(13) except while in landing or taking off, flies at such low levels as to endanger
persons on the surface beneath, or engages in advertising through the playing of music
or transcribed or oral announcements, or makes any noise with any siren, horn, whistle,
or other audible device which is not necessary for the normal operation of the aircraft,
except that sound amplifying devices may be used in aircraft when operated by or under
the authority of any agency of the state or federal government for the purpose of giving
warning or instructions to persons on the ground;

(14) drops any object, except loose water, loose fuel, or loose sand ballast, without
the prior written consent of the commissioner of transportation and the prior written
consent of the municipality or property owner where objects may land; drops objects
from an aircraft that endanger person or property on the ground, or drops leaflets for any
purpose whatsoever; or

(15) while in flight in an aircraft, whether as a pilot, passenger, or otherwise,
endangers, kills, or attempts to kill any birds or animals or uses any aircraft for the purpose
of concentrating, driving, rallying, or stirring up migratory waterfowl;

except as may be permitted by other laws of this state, shall be guilty of a misdemeanor.

Sec. 3.

Minnesota Statutes 2014, section 360.075, is amended by adding a subdivision
to read:

new text begin Subd. 8. new text end

new text begin Unmanned aircraft system operations. new text end

new text begin Every person who:
new text end

new text begin (1) operates an unmanned aircraft system either on or over land or water in this state
without the consent of the owner of such aircraft;
new text end

new text begin (2) knowingly operates an unmanned aircraft system with a certificate of registration
issued by the commissioner of transportation that is canceled, revoked, suspended, or
altered;
new text end

new text begin (3) operates any unmanned aircraft system in such a manner as to indicate either a
willful or a wanton disregard for the safety of persons or property;
new text end

new text begin (4) carries on or over land or water in this state in an aircraft other than a public
aircraft any explosive substance except as permitted by United States Code, title 18,
chapter 40, and Code of Federal Regulations, title 27, part 555;
new text end

new text begin (5) launches or recovers an unmanned aircraft system from state or private property
without consent; or
new text end

new text begin (6) interferes with manned aircraft by willfully damaging, disrupting the operations
of, or otherwise interfering with a manned aircraft while taking off, landing, in flight, or
otherwise in motion, through the use of an unmanned aircraft system;
new text end

new text begin except as may be permitted by other laws of this state, is guilty of a misdemeanor.
new text end

Sec. 4.

Minnesota Statutes 2014, section 360.075, is amended by adding a subdivision
to read:

new text begin Subd. 9. new text end

new text begin Gross misdemeanor. new text end

new text begin Every person who commits any of the acts specified
in subdivision 8 for a second or subsequent time is guilty of a gross misdemeanor.
new text end

Sec. 5.

Minnesota Statutes 2014, section 360.075, is amended by adding a subdivision
to read:

new text begin Subd. 10. new text end

new text begin Careless or reckless operation. new text end

new text begin Every person who operates an unmanned
aircraft system in the air or on the ground or water, in a careless or reckless manner so as
to endanger the life or property of another, is guilty of a misdemeanor.
new text end

Sec. 6.

Minnesota Statutes 2014, section 360.55, is amended by adding a subdivision
to read:

new text begin Subd. 9. new text end

new text begin Unmanned aircraft system. new text end

new text begin (a) An unmanned aircraft system operated for
commercial purposes must be registered for an annual fee of $25 and provide proof of a
sales tax payment. An unmanned aircraft system registered under this paragraph is not
subject to the taxes and fees provided in sections 360.511 to 360.67.
new text end

new text begin (b) An unmanned aircraft system operated for private, noncommercial purposes is
not subject to registration and fee requirements under this subdivision, or to taxes and fees
under sections 360.511 to 360.67.
new text end

new text begin (c) An unmanned aircraft system owned and operated by a governmental entity
must be registered for an annual fee of $25 and provide proof of a sales tax payment. An
unmanned aircraft system registered under this paragraph is not subject to the taxes and
fees provided in sections 360.511 to 360.67.
new text end

Sec. 7.

new text begin [360.591] UNMANNED AIRCRAFT SYSTEM; COMMERCIAL USE
PERMIT.
new text end

new text begin Subdivision 1. new text end

new text begin Permit required. new text end

new text begin A person is prohibited from operating an
unmanned aircraft system for a commercial purpose in this state unless the person
possesses a valid commercial operator permit issued by the Department of Transportation
for the unmanned aircraft system being operated. An operator must apply for the permit
from the department in the manner provided by the department.
new text end

new text begin Subd. 2. new text end

new text begin Permit requirements; eligibility. new text end

new text begin In order to be eligible for a commercial
operator permit under this section, a person must:
new text end

new text begin (1) be at least 17 years of age;
new text end

new text begin (2) possess a valid driver's license;
new text end

new text begin (3) pass a knowledge test for operating an unmanned aircraft system;
new text end

new text begin (4) register and pay the fee under section 360.55, subdivision 9, paragraph (a); and
new text end

new text begin (5) satisfy all other applicable state or federal regulations.
new text end

new text begin Subd. 3. new text end

new text begin Knowledge test. new text end

new text begin (a) The department must develop and administer a testing
program that complies with all applicable federal regulations for issuance of commercial
operator permits for unmanned aircraft systems.
new text end

new text begin (b) The testing program must include:
new text end

new text begin (1) a permit application process, including a requirement that the department provide
notice to an applicant of the department's permit issuance decision no later than ten days
from the date the department receives the application;
new text end

new text begin (2) technical guidance for complying with program requirements;
new text end

new text begin (3) criteria the department must use when determining whether to suspend or revoke
a permit;
new text end

new text begin (4) criteria the department must use when determining whether to waive permitting
requirements for applicants currently holding a valid license or a 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
new text end

new text begin (5) requirements for marking each unmanned aircraft system to identify the owner of
the system and the person issued a permit to operate it under this section.
new text end

new text begin Subd. 4. new text end

new text begin Unlawful commercial operations. new text end

new text begin A person who operates an unmanned
aircraft system for commercial purposes in violation of this section is guilty of a
misdemeanor.
new text end

new text begin Subd. 5. new text end

new text begin Liability insurance required. new text end

new text begin In order to operate an unmanned aircraft
system for commercial purposes in Minnesota, a person must carry liability insurance
protecting third parties for both personal injury and property damage.
new text end

new text begin Subd. 6. new text end

new text begin Rulemaking. new text end

new text begin The department is authorized to adopt rules to implement the
provisions of this section.
new text end

Sec. 8. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 7 are effective January 1, 2017.
new text end