Oregon Senate Bill 71

[W.G.Ewald]

SB 71 :: Oregon Legislature Bill Tracker - Your Government - The Oregonian

Relating to drones; declaring an emergency.
Imposes restrictions on use of drones by private parties and public entities.
Creates various crimes for unauthorized use of drones. Punishes by maximum of 20 years' imprisonment, $375,000 fine, or both. Directs Department of State Police to establish registry of certain drones used by public bodies. Permits Oregon Department of Aviation to issue licenses for use of drones. Declares emergency, effective on passage.

RC flying groups are worried about the language of this bill.

77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .

LC 907

Senate Bill 71

Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Senate Interim Committee on
Judiciary)


SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

Imposes restrictions on use of drones by private parties and
public entities. Creates various crimes for unauthorized use of
drones. Punishes by maximum of 20 years' imprisonment, $375,000
fine, or both.
Directs Department of State Police to establish registry of
certain drones used by public bodies.
Permits Oregon Department of Aviation to issue licenses for use
of drones.
Declares emergency, effective on passage.

A BILL FOR AN ACT
Relating to drones; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + As used in sections 1 to 7 of this 2013 Act:
(1) 'Airspace of Oregon' means the space above the ground that
is not part of airspace governed by federal law.
(2) 'Drone' means an unmanned flying machine that is capable
of:
(a) Capturing images of objects or people on the ground or in
the air;
(b) Intercepting communications on the ground or in the air; or
(c) Firing a bullet or other projectile.
(3) 'Public body' has the meaning given in ORS 174.109. + }
SECTION 2. { + (1) A person may not possess or control a drone
unless permitted to do so by the federal government or by the
Oregon Department of Aviation under section 7 of this 2013 Act.
(2) A person who possesses or controls a drone in violation of
subsection (1) of this section commits a Class B misdemeanor.
(3) A person who possesses or controls a drone in violation of
subsection (1) of this section and uses the drone to capture an
image of a person or object on the ground or in the air commits a
Class A misdemeanor.
(4) A person who possesses or controls a drone in violation of
subsection (1) of this section and uses the drone to fire a
bullet or other projectile commits a Class C felony.
(5) A person who possesses or controls a drone for the purpose
of hunting or stalking game commits a Class C felony.
(6) A person who possesses or controls a drone and causes the
drone to fire a bullet or other projectile at an aircraft while
the aircraft is in the air, or intentionally causes or attempts
to cause the drone to crash into an aircraft while the aircraft
is in the air, commits a Class A felony.
(7) A person who gains unauthorized control over a drone
commits a Class A misdemeanor. + }
SECTION 3. { + (1) A person who operates a drone in the
airspace of Oregon without permission from the Oregon Department
of Aviation, or from the person with the right to possession of
the land below the airspace, is guilty of a Class C misdemeanor.
(2) It is not a defense to a charge of violating this section
that the land below the airspace was not marked with a
no-trespassing sign or similar notice. + }
SECTION 4. { + (1) A public body may not operate a drone in
the airspace of Oregon without registering the drone with the
Department of State Police.
(2) The department may impose a civil penalty of up to $10,000
against a public body that violates subsection (1) of this
section. Any penalty collected under this subsection shall be
deposited in the Criminal Injuries Compensation Account.
(3) Evidence obtained by a public body through the use of an
drone in violation of subsection (1) of this section is not
admissible in any judicial or administrative proceeding, and may
not be used to establish reasonable suspicion or probable cause
to believe that an offense has been committed.
(4) The department shall establish a registry of drones
operated by public bodies, and may charge a fee sufficient to
reimburse the department for the maintenance of the registry.
(5) The department shall require the following information for
registration of a drone:
(a) The name of the public body that owns or operates the
drone.
(b) The name and contact information of the individuals
operating the drone.
(c) Identifying information for the drone as required by the
department by rule. + }
SECTION 5. { + (1) Any person or public body that owns or
exercises control over a drone in Oregon that causes injury to
person or property is strictly liable for the injury.
(2) Any person who suffers injury to person or property caused
by a drone operated in violation of section 2, 3 or 4 of this
2013 Act is entitled to damages from the person or public body
that committed the violation of not less than $5,000 and an award
of reasonable attorney fees. + }
SECTION 6. { + In addition to any other remedies allowed by
law, a person who gains unauthorized control over a drone is
liable to the owner of the drone in an amount of not less than
$5,000. The court shall award reasonable attorney fees to a
prevailing plaintiff in an action under this section. + }
SECTION 7. { + The Oregon Department of Aviation may issue
licenses to persons to operate drones in the airspace of Oregon
for the purpose of implementing section 2 of this 2013 Act. + }
SECTION 8. { + This 2013 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2013 Act takes effect on its
passage. + }
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