Bill Text: MN HF990 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Unmanned aircraft regulated, criminal penalties created, and civil actions authorized.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2013-02-28 - Introduction and first reading, referred to Transportation Policy [HF990 Detail]
Download: Minnesota-2013-HF990-Introduced.html
1.2relating to aeronautics; regulating unmanned aircraft; creating criminal penalties;
1.3authorizing civil actions; amending Minnesota Statutes 2012, section 360.013,
1.4by adding subdivisions; proposing coding for new law in Minnesota Statutes,
1.5chapter 360.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2012, section 360.013, is amended by adding a
1.8subdivision to read:
1.9 Subd. 49a. Minnesota air space. "Minnesota air space" means the space above
1.10the lands and waters of this state, regardless of altitude. "Minnesota air space" includes
1.11(1) navigable air space; and (2) air space located around any structure or tree, whether
1.12above, below, between, or within.
1.13 Sec. 2. Minnesota Statutes 2012, section 360.013, is amended by adding a subdivision
1.14to read:
1.15 Subd. 62. Unmanned aircraft. "Unmanned aircraft" means an aircraft that is
1.16operated without physical human presence on board the aircraft. "Unmanned aircraft"
1.17includes an aircraft that:
1.18(1) can fly autonomously or be piloted remotely;
1.19(2) can be expendable or recoverable; and
1.20(3) is capable of flight or hovering, regardless of altitude.
1.21 Sec. 3. [360.0755] UNMANNED AIRCRAFT.
1.22 Subdivision 1. Definitions. (a) For purposes of this section, the terms defined in this
1.23subdivision have the meanings given them.
2.1(b) "Person" has the meaning given in section 360.013, subdivision 53, and includes
2.2the state, including but not limited to a political subdivision of the state and a public
2.3safety agency.
2.4(c) "Public safety agency" means a law enforcement agency or fire department.
2.5(d) "Surveillance device" means equipment that is capable of collecting information
2.6from, or observational data on, its surroundings relating to (1) a natural individual, (2)
2.7personal property, (3) real property whether public or private, or (4) a geographic area.
2.8The term includes but is not limited to a video or still camera; sensor using visible,
2.9infrared, or ultraviolet frequencies; microphone; thermal or chemical detector; radiation
2.10gauge; facial recognition or other biometric identification technology; wireless receiver in
2.11any frequency; device capable of capturing voice or digital communications; and license
2.12plate reader. The term excludes equipment whose sole function is to provide visual
2.13information directly necessary for safe air navigation or piloting of an unmanned aircraft.
2.14 Subd. 2. Prohibition; surveillance. Except as provided in subdivision 4, no
2.15person may operate in Minnesota air space an unmanned aircraft that is equipped with a
2.16surveillance device.
2.17 Subd. 3. Prohibition; equipment. An unmanned aircraft may not be equipped with
2.18(1) a dangerous weapon, as defined in section 609.02, subdivision 6; or (2) a nonlethal
2.19device that is designed to harm or incapacitate a human being. A nonlethal device under
2.20clause (2) includes but is not limited to a projectile, chemical, electrical, sound-based, or
2.21directed-energy device.
2.22 Subd. 4. Exceptions; conditions. The prohibition under subdivision 2 does not
2.23apply to operation of an unmanned aircraft:
2.24(1) by a person, if:
2.25(i) the aircraft is used solely within the space above real property owned, or for
2.26which an easement is held, by the person;
2.27(ii) the person implements procedures to ensure that any use of the surveillance device
2.28is limited to collecting information on personal or real property owned by the person; and
2.29(iii) any information collected on a natural individual, or personal or real property
2.30not owned by the person, is incidental to the purpose of the unmanned aircraft operation;
2.31(2) by a person, if the aircraft is used solely in the furtherance of scientific research
2.32that excludes collection of personally identifiable information on natural individuals;
2.33(3) by a law enforcement agency, if the agency first obtains a search warrant
2.34authorizing its use;
3.1(4) by a law enforcement agency to counter a high risk of a terrorist attack by a
3.2specific individual or organization, if the secretary of the United States Department of
3.3Homeland Security determines that credible intelligence indicates such risk;
3.4(5) by a public safety agency, if the agency possesses reasonable suspicion that,
3.5under exigent circumstances, aircraft use is necessary to prevent imminent (i) serious
3.6bodily harm or loss of life, (ii) serious destruction of property, (iii) escape of a suspect, or
3.7(iv) destruction of evidence; or
3.8(6) by a state agency during a declared state of emergency, to preserve public safety,
3.9protect property, or assess environmental damage.
3.10 Subd. 5. Requirements. An agency that operates an unmanned aircraft under
3.11subdivision 4 shall maintain a detailed record of the operation, including the factual basis
3.12for the mission. The agency shall submit a copy of the documentation to the attorney
3.13general within 48 hours of completion of the operation. Except where data is otherwise
3.14classified by law, the contents of the agency's submission to the attorney general are public.
3.15 Subd. 6. Violation; penalty; remedy. (a) Violation of this section is a gross
3.16misdemeanor.
3.17(b) A person aggrieved by violation of this section by a state agency or law
3.18enforcement agency may bring a civil action against the agency to recover damages for
3.19injunctive relief or any other appropriate relief as determined by the court.
3.20 Subd. 7. Use of evidence. Evidence obtained or collected in violation of this section
3.21is not admissible in a civil action or criminal prosecution in this state.
3.22EFFECTIVE DATE.This section is effective August 1, 2013, and applies to crimes
3.23committed on or after that date.
1.3authorizing civil actions; amending Minnesota Statutes 2012, section 360.013,
1.4by adding subdivisions; proposing coding for new law in Minnesota Statutes,
1.5chapter 360.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2012, section 360.013, is amended by adding a
1.8subdivision to read:
1.9 Subd. 49a. Minnesota air space. "Minnesota air space" means the space above
1.10the lands and waters of this state, regardless of altitude. "Minnesota air space" includes
1.11(1) navigable air space; and (2) air space located around any structure or tree, whether
1.12above, below, between, or within.
1.13 Sec. 2. Minnesota Statutes 2012, section 360.013, is amended by adding a subdivision
1.14to read:
1.15 Subd. 62. Unmanned aircraft. "Unmanned aircraft" means an aircraft that is
1.16operated without physical human presence on board the aircraft. "Unmanned aircraft"
1.17includes an aircraft that:
1.18(1) can fly autonomously or be piloted remotely;
1.19(2) can be expendable or recoverable; and
1.20(3) is capable of flight or hovering, regardless of altitude.
1.21 Sec. 3. [360.0755] UNMANNED AIRCRAFT.
1.22 Subdivision 1. Definitions. (a) For purposes of this section, the terms defined in this
1.23subdivision have the meanings given them.
2.1(b) "Person" has the meaning given in section 360.013, subdivision 53, and includes
2.2the state, including but not limited to a political subdivision of the state and a public
2.3safety agency.
2.4(c) "Public safety agency" means a law enforcement agency or fire department.
2.5(d) "Surveillance device" means equipment that is capable of collecting information
2.6from, or observational data on, its surroundings relating to (1) a natural individual, (2)
2.7personal property, (3) real property whether public or private, or (4) a geographic area.
2.8The term includes but is not limited to a video or still camera; sensor using visible,
2.9infrared, or ultraviolet frequencies; microphone; thermal or chemical detector; radiation
2.10gauge; facial recognition or other biometric identification technology; wireless receiver in
2.11any frequency; device capable of capturing voice or digital communications; and license
2.12plate reader. The term excludes equipment whose sole function is to provide visual
2.13information directly necessary for safe air navigation or piloting of an unmanned aircraft.
2.14 Subd. 2. Prohibition; surveillance. Except as provided in subdivision 4, no
2.15person may operate in Minnesota air space an unmanned aircraft that is equipped with a
2.16surveillance device.
2.17 Subd. 3. Prohibition; equipment. An unmanned aircraft may not be equipped with
2.18(1) a dangerous weapon, as defined in section 609.02, subdivision 6; or (2) a nonlethal
2.19device that is designed to harm or incapacitate a human being. A nonlethal device under
2.20clause (2) includes but is not limited to a projectile, chemical, electrical, sound-based, or
2.21directed-energy device.
2.22 Subd. 4. Exceptions; conditions. The prohibition under subdivision 2 does not
2.23apply to operation of an unmanned aircraft:
2.24(1) by a person, if:
2.25(i) the aircraft is used solely within the space above real property owned, or for
2.26which an easement is held, by the person;
2.27(ii) the person implements procedures to ensure that any use of the surveillance device
2.28is limited to collecting information on personal or real property owned by the person; and
2.29(iii) any information collected on a natural individual, or personal or real property
2.30not owned by the person, is incidental to the purpose of the unmanned aircraft operation;
2.31(2) by a person, if the aircraft is used solely in the furtherance of scientific research
2.32that excludes collection of personally identifiable information on natural individuals;
2.33(3) by a law enforcement agency, if the agency first obtains a search warrant
2.34authorizing its use;
3.1(4) by a law enforcement agency to counter a high risk of a terrorist attack by a
3.2specific individual or organization, if the secretary of the United States Department of
3.3Homeland Security determines that credible intelligence indicates such risk;
3.4(5) by a public safety agency, if the agency possesses reasonable suspicion that,
3.5under exigent circumstances, aircraft use is necessary to prevent imminent (i) serious
3.6bodily harm or loss of life, (ii) serious destruction of property, (iii) escape of a suspect, or
3.7(iv) destruction of evidence; or
3.8(6) by a state agency during a declared state of emergency, to preserve public safety,
3.9protect property, or assess environmental damage.
3.10 Subd. 5. Requirements. An agency that operates an unmanned aircraft under
3.11subdivision 4 shall maintain a detailed record of the operation, including the factual basis
3.12for the mission. The agency shall submit a copy of the documentation to the attorney
3.13general within 48 hours of completion of the operation. Except where data is otherwise
3.14classified by law, the contents of the agency's submission to the attorney general are public.
3.15 Subd. 6. Violation; penalty; remedy. (a) Violation of this section is a gross
3.16misdemeanor.
3.17(b) A person aggrieved by violation of this section by a state agency or law
3.18enforcement agency may bring a civil action against the agency to recover damages for
3.19injunctive relief or any other appropriate relief as determined by the court.
3.20 Subd. 7. Use of evidence. Evidence obtained or collected in violation of this section
3.21is not admissible in a civil action or criminal prosecution in this state.
3.22EFFECTIVE DATE.This section is effective August 1, 2013, and applies to crimes
3.23committed on or after that date.
