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HF 2485

as introduced - 89th Legislature (2015 - 2016) Posted on 03/08/2016 04:18pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to aeronautics; prohibiting government agencies from requiring
registration or licensure of unmanned aircraft systems; amending Minnesota
Statutes 2014, sections 360.013, by adding a subdivision; 360.018, subdivision
3; 360.55, by adding a subdivision; 360.653; 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 360.018, subdivision 3, is amended to read:


Subd. 3.

Exceptions to registration requirements.

The provisions of subdivision
1, paragraphs (1) and (2), and subdivision 2 deleted text begin shalldeleted text end new text begin donew text end not apply to:

(1) an aircraft which has been licensed by a foreign country with which the United
States has a reciprocal agreement covering the operations of such licensed aircraft;

(2) an aircraft which is owned by a nonresident of this state who is lawfully entitled
to operate such aircraft in the state of residence;

(3) an aircraft engaged principally in commercial flying constituting an act of
interstate or foreign commerce;

(4) an aircraft owned by, and used exclusively in the service of, any government
or any political subdivision thereof, including the government of the United States, any
state, territory, or possession of the United States, or the District of Columbia, which is not
engaged in carrying persons or property for commercial purposes;

(5) an airman operating an aircraft owned by, and used exclusively in the service
of, any government or any political subdivision thereof, including the government of the
United States, any state, territory, or possession of the United States, or the District of
Columbia, which is not engaged in carrying persons or property for commercial purposes;

(6) an airman operating any aircraft licensed by a foreign country with which the
United States has a reciprocal agreement covering the operation of such licensed aircraft;

(7) persons operating model aircraft, nor to any person piloting an aircraft which is
equipped with fully functioning dual controls when a licensed instructor is in full charge
of one set of said controls and such flight is solely for instruction or for the demonstration
of said aircraft to a bona fide prospective purchaser;

(8) a nonresident operating aircraft in this state who is lawfully entitled to operate
aircraft in the state of residence;

(9) an airman while operating or taking part in the operation of an aircraft engaged
principally in commercial flying constituting an act of interstate or foreign commercedeleted text begin .deleted text end new text begin ; and
new text end

new text begin (10) an unmanned aircraft system, as defined in section 360.013, subdivision 62.
new text end

Sec. 3.

new text begin [360.0185] UNMANNED AIRCRAFT SYSTEMS; REGISTRATION,
LICENSURE, AND TAXATION PROHIBITED.
new text end

new text begin The commissioner is prohibited from requiring an unmanned aircraft system to (1)
register under section 360.018, (2) obtain a license and pay taxes under sections 360.511
to 360.67, or (3) obtain any other license or registration or pay any other tax or fee. This
section also applies to all cities, counties, and towns, and any other state agency and
local unit of government.
new text end

Sec. 4.

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 An unmanned aircraft system, as defined
under section 360.013, subdivision 62, is exempt from the taxation requirements under
sections 360.511 to 360.67.
new text end

Sec. 5.

Minnesota Statutes 2014, section 360.653, is amended to read:


360.653 AIRCRAFT REGISTRATION AND TAX EXEMPTIONS.

The following aircraft, under the conditions specified, deleted text begin shall bedeleted text end new text begin arenew text end exempt from the
registration and the tax provided by sections 360.511 to 360.67deleted text begin .deleted text end new text begin :
new text end

(1) any aircraft held by a dealer listed and used as provided in section 360.63, except
that aircraft held by dealers on October 1, of each year, shall be registered and the entire
tax provided by sections 360.511 to 360.67 shall be paid for the portion of the fiscal year,
prorated on a monthly basis remaining after the aircraft came into the possession of the
dealer. It is further provided that a dealer who has previously had aircraft on withholding
may register such aircraft in September of each fiscal year by payment of an amount equal
to one-third of the annual tax, which tax shall be applicable for the months of September
through December and in January the dealer may again list these aircraft on the dealer's
withholding formdeleted text begin .deleted text end new text begin ;
new text end

(2) aircraft remaining in the possession of aircraft manufacturers ten months after
completion shall become subject to the tax provided by sections 360.511 to 360.67. The
tax shall be computed from the expiration of the ten months period and shall be prorated
on a monthly basisdeleted text begin .deleted text end new text begin ;
new text end

(3) aircraft while in the hands of aircraft refitters for the purpose of being refitted or
modified or both, and while being refitted or modified or bothdeleted text begin .deleted text end new text begin ;
new text end

(4) aircraft licensed under section 144E.12 and used exclusively to provide air
ambulance servicedeleted text begin .deleted text end new text begin ; and
new text end

new text begin (5) an unmanned aircraft system, as defined in section 360.013, subdivision 62.
new text end