HF 990

as introduced - 88th Legislature (2013 - 2014) Posted on 02/28/2013 11:27am

A bill for an act
relating to aeronautics; regulating unmanned aircraft; creating criminal penalties;
authorizing civil actions; amending Minnesota Statutes 2012, section 360.013,
by adding subdivisions; 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 2012, section 360.013, is amended by adding a
subdivision to read:

new text begin Subd. 49a. new text end

new text begin Minnesota air space. new text end

new text begin "Minnesota air space" means the space above
the lands and waters of this state, regardless of altitude. "Minnesota air space" includes
(1) navigable air space; and (2) air space located around any structure or tree, whether
above, below, between, or within.
new text end

Sec. 2.

Minnesota Statutes 2012, section 360.013, is amended by adding a subdivision
to read:

new text begin Subd. 62. new text end

new text begin Unmanned aircraft. new text end

new text begin "Unmanned aircraft" means an aircraft that is
operated without physical human presence on board the aircraft. "Unmanned aircraft"
includes an aircraft that:
new text end

new text begin (1) can fly autonomously or be piloted remotely;
new text end

new text begin (2) can be expendable or recoverable; and
new text end

new text begin (3) is capable of flight or hovering, regardless of altitude.
new text end

Sec. 3.

new text begin [360.0755] UNMANNED AIRCRAFT.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the terms defined in this
subdivision have the meanings given them.
new text end

new text begin (b) "Person" has the meaning given in section 360.013, subdivision 53, and includes
the state, including but not limited to a political subdivision of the state and a public
safety agency.
new text end

new text begin (c) "Public safety agency" means a law enforcement agency or fire department.
new text end

new text begin (d) "Surveillance device" means equipment that is capable of collecting information
from, or observational data on, its surroundings relating to (1) a natural individual, (2)
personal property, (3) real property whether public or private, or (4) a geographic area.
The term includes but is not limited to a video or still camera; sensor using visible,
infrared, or ultraviolet frequencies; microphone; thermal or chemical detector; radiation
gauge; facial recognition or other biometric identification technology; wireless receiver in
any frequency; device capable of capturing voice or digital communications; and license
plate reader. The term excludes equipment whose sole function is to provide visual
information directly necessary for safe air navigation or piloting of an unmanned aircraft.
new text end

new text begin Subd. 2. new text end

new text begin Prohibition; surveillance. new text end

new text begin Except as provided in subdivision 4, no
person may operate in Minnesota air space an unmanned aircraft that is equipped with a
surveillance device.
new text end

new text begin Subd. 3. new text end

new text begin Prohibition; equipment. new text end

new text begin An unmanned aircraft may not be equipped with
(1) a dangerous weapon, as defined in section 609.02, subdivision 6; or (2) a nonlethal
device that is designed to harm or incapacitate a human being. A nonlethal device under
clause (2) includes but is not limited to a projectile, chemical, electrical, sound-based, or
directed-energy device.
new text end

new text begin Subd. 4. new text end

new text begin Exceptions; conditions. new text end

new text begin The prohibition under subdivision 2 does not
apply to operation of an unmanned aircraft:
new text end

new text begin (1) by a person, if:
new text end

new text begin (i) the aircraft is used solely within the space above real property owned, or for
which an easement is held, by the person;
new text end

new text begin (ii) the person implements procedures to ensure that any use of the surveillance device
is limited to collecting information on personal or real property owned by the person; and
new text end

new text begin (iii) any information collected on a natural individual, or personal or real property
not owned by the person, is incidental to the purpose of the unmanned aircraft operation;
new text end

new text begin (2) by a person, if the aircraft is used solely in the furtherance of scientific research
that excludes collection of personally identifiable information on natural individuals;
new text end

new text begin (3) by a law enforcement agency, if the agency first obtains a search warrant
authorizing its use;
new text end

new text begin (4) by a law enforcement agency to counter a high risk of a terrorist attack by a
specific individual or organization, if the secretary of the United States Department of
Homeland Security determines that credible intelligence indicates such risk;
new text end

new text begin (5) by a public safety agency, if the agency possesses reasonable suspicion that,
under exigent circumstances, aircraft use is necessary to prevent imminent (i) serious
bodily harm or loss of life, (ii) serious destruction of property, (iii) escape of a suspect, or
(iv) destruction of evidence; or
new text end

new text begin (6) by a state agency during a declared state of emergency, to preserve public safety,
protect property, or assess environmental damage.
new text end

new text begin Subd. 5. new text end

new text begin Requirements. new text end

new text begin An agency that operates an unmanned aircraft under
subdivision 4 shall maintain a detailed record of the operation, including the factual basis
for the mission. The agency shall submit a copy of the documentation to the attorney
general within 48 hours of completion of the operation. Except where data is otherwise
classified by law, the contents of the agency's submission to the attorney general are public.
new text end

new text begin Subd. 6. new text end

new text begin Violation; penalty; remedy. new text end

new text begin (a) Violation of this section is a gross
misdemeanor.
new text end

new text begin (b) A person aggrieved by violation of this section by a state agency or law
enforcement agency may bring a civil action against the agency to recover damages for
injunctive relief or any other appropriate relief as determined by the court.
new text end

new text begin Subd. 7. new text end

new text begin Use of evidence. new text end

new text begin Evidence obtained or collected in violation of this section
is not admissible in a civil action or criminal prosecution in this state.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2013, and applies to crimes
committed on or after that date.
new text end