SF 3312

2nd Engrossment - 89th Legislature (2015 - 2016) Posted on 04/04/2016 08:51am

A bill for an act
relating to aeronautics; regulating the operation of drones; providing penalties;
amending Minnesota Statutes 2014, sections 360.013, by adding a subdivision;
360.075, subdivisions 1, 2; 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. 47a. new text end

new text begin Drones. new text end

new text begin "Drone" means a powered aircraft that is operated without the
possibility of direct human intervention from within or on the aircraft.
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 deleted text begin of this
state deleted 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 deleted text begin in such a manner deleted text end new text begin so new text end as to indicate deleted text begin either deleted text end a new text begin reckless new text end deleted text begin willful or
a wanton deleted text end 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; Code of Federal Regulations,
title 27, part 555; and successor laws and regulations 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; deleted text begin or
deleted text end

(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;

new text begin (16) uses a drone with intent to damage, disrupt, or otherwise interfere with an
aircraft that is in motion on the ground or in the air; or
new text end

new text begin (17) knowingly operates a drone within an emergency zone established by a law
enforcement agency, fire department, or emergency medical service provider, or within
one mile of a helicopter being operated by one of these entities;
new text end

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

new text begin Notwithstanding section 609.035 or 609.04, a prosecution for or conviction of violating
clause (16) is not a bar to conviction of or punishment for any other crime.
new text end

Sec. 3.

Minnesota Statutes 2014, section 360.075, subdivision 2, is amended to read:

Subd. 2.

Gross misdemeanor.

deleted text begin Every deleted text end new text begin A new text end person who deleted text begin shall commit any of the acts
specified in deleted text end new text begin commits a violation of new text end subdivision 1 deleted text begin for a second or other subsequent time
shall be deleted text end new text begin after having previously been convicted of violating subdivision 1 is new text end guilty of a
gross misdemeanor.

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 Drones. new text end

new text begin A drone that weighs up to a maximum of 55 pounds may be
subject to fees under section 360.679, and is exempt from taxes and fees under sections
360.511 to 360.67.
new text end

Sec. 5.

new text begin [360.679] DRONE; COMMERCIAL USE PERMIT.
new text end

new text begin Subdivision 1. new text end

new text begin Requirements for commercial use permit. new text end

new text begin The commissioner
shall issue a commercial use permit to an owner of a drone weighing up to a maximum
of 55 pounds, when the owner:
new text end

new text begin (1) utilizes the drone for any purpose other than hobby or recreational use;
new text end

new text begin (2) provides proof of payment of sales tax on the purchase of the drone;
new text end

new text begin (3) identifies each individual who will operate the drone and certifies to the
commissioner that each operator meets the qualifications under subdivision 3;
new text end

new text begin (4) provides proof of insurance that complies with the requirements of and limits in
section 360.59, subdivision 10;
new text end

new text begin (5) pays an annual permit fee of $25; and
new text end

new text begin (6) provides additional information the commissioner deems to be necessary or
desirable.
new text end

new text begin Subd. 2. new text end

new text begin Deposit of fee. new text end

new text begin The proceeds of the fee required under subdivision 1
must be collected by the commissioner, paid into the state treasury, and credited to the
state airports fund.
new text end

new text begin Subd. 3. new text end

new text begin Qualifications for drone operators. new text end

new text begin The commissioner shall develop and
administer a written knowledge test for drone operators that complies with all applicable
state and federal regulations. To be eligible to take the knowledge test, 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 issued by this state, another state or territory of
the United States, or the District of Columbia; and
new text end

new text begin (3) satisfy all other applicable state or federal requirements.
new text end

new text begin A drone operator must pass the test and meet all qualifications under this subdivision in
this state or in a state with comparable requirements.
new text end

new text begin Subd. 4. new text end

new text begin Commercial use permit process. new text end

new text begin The commissioner shall implement 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. The commissioner shall offer technical guidance
for permit applicants and permit holders to enable compliance with program requirements.
new text end

new text begin Subd. 5. new text end

new text begin Unlawful operations. new text end

new text begin A person who owns or operates a drone in violation
of this section is guilty of a misdemeanor.
new text end

Sec. 6. new text begin EFFECTIVE DATE.
new text end

new text begin This act is effective January 1, 2017. Sections 2, 3, and 5, subdivision 5, apply
to crimes committed on or after that date.
new text end