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Oregon Anti-Drone Bill

#1
Here is the bill just received it by email. Read it and tell me what you see in it.

PROPOSED AMENDMENTS TO SENATE BILL 71
On page 1 of the printed bill, delete lines 4 through 28 and delete page 2 and insert:
“SECTION 1. As used in sections 1 to 7 of this 2013 Act:
“(1) ‘Drone’ means an unmanned flying machine.
“(2) ‘Public body’ has the meaning given that term in ORS 174.109. “SECTION 2. (1) If a person violates ORS 163.700 through the use
of a drone, the person commits a Class C felony.
“(2) If a person violates ORS 165.540 through the use of a drone, the
person commits a Class C felony.
“(3) If a person takes a game mammal, as defined in ORS 496.004,
through the use of a drone, the person commits a Class C felony.
“(4) If a person violates ORS 164.245 through the use of a drone, the
person commits a Class A misdemeanor.
“(5) If a person violates ORS 163.732 through the use of a drone, the
person 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 air- craft 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 uses electronic communications to gain unau- thorized control over a drone licensed by the Federal Aviation Ad-

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ministration, or operated by the Armed Services of the United States, a law enforcement agency of the United States or a state or local law enforcement agency, commits a Class C felony.
“SECTION 3. (1) A public body other than the Oregon National Guard may not operate a drone in Oregon without registering the drone with the Oregon Department of Aviation.
“(2) The Oregon Department of Aviation may impose a civil penalty of up to $10,000 against a public body that violates subsection (1) of this section.
“(3) Evidence obtained by a public body through the use of a 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 Oregon Department of Aviation 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 Oregon Department of Aviation 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 who op- erate the drone.
“(c) Identifying information for the drone as required by the de- partment by rule.
“(6) The State Aviation Board may adopt all rules necessary for the registration of drones in Oregon that are consistent with the laws and regulations of the United States.
“SECTION 4. (1) As used in this section, ‘law enforcement agency’ means an agency that employs police officers, as defined in ORS 133.525, or that prosecutes offenses.
SB 71-4 3/6/13
Proposed Amendments to SB 71 Page 2
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“(2) A law enforcement agency may use a drone for the purpose of surveillance of the interior of a residence, or of any other place in which a person has a reasonable expectation of privacy, only if:
“(a) A warrant is issued under ORS 133.525 to 133.703 authorizing use of the drone; or
“(b) The law enforcement agency has reasonable grounds to believe that a crime is being committed at the time the drone is used.
“(3) A law enforcement agency may use a drone for the purpose of surveillance of a specific person only if:
“(a) A warrant is issued under ORS 133.525 to 133.703 authorizing use of the drone;
“(b) The law enforcement agency has reasonable grounds to believe that the targeted person is committing a crime at the time the drone is used;
“(c) The law enforcement agency has reasonable grounds to believe that the targeted person intends to commit a crime, and circum- stances exist that prevent the law enforcement agency from acquiring a warrant before the time at which the law enforcement agency be- lieves the crime will be committed; or
“(d) The drone is used to track a person fleeing the scene of a crime.
“(4) A law enforcement agency may not use a drone to collect evi- dence of traffic offenses, as defined in ORS 801.555.
“(5) Any evidence acquired with the use of a drone in violation of this section is subject to a motion to suppress under ORS 133.673.
“SECTION 5. (1) Any person or public body that owns or exercises control over a drone in Oregon that causes injury to person or prop- erty 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 or 3 of this 2013 Act may
SB 71-4 3/6/13
Proposed Amendments to SB 71 Page 3
1 recover damages from the person or public body that committed the
2 violation of not less than $5,000, and an award of reasonable attorney
3 fees.
4 “SECTION 6. In addition to any other remedies allowed by law, a
5 person who gains unauthorized control of a drone licensed by the
6 Federal Aviation Administration, or operated by the Armed Services
7 of the United States, an agency of the United States or a law
8 enforcement agency, is liable to the owner of the drone in an amount
9 of not less than $5,000. The court shall award reasonable attorney fees
10 to a prevailing plaintiff in an action under this section.
11 “SECTION 7. (1) Any person who owns or lawfully occupies real
12 property in this state may bring an action against any person who
13 operates a drone that is flown at a height of less than 400 feet over the
14 property unless:
15 “(a) The drone is lawfully in the flight path of an airport, airfield
16 or runway; and
“(b) The drone is in the process of taking off or landing.
“(2) A plaintiff may recover treble damages for any injury to the
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19 person or the property by reason of a trespass by a drone as described
20 in this section, and may be awarded injunctive relief in the action.
21 “(3) A court shall award reasonable attorney fees to a prevailing
22 plaintiff in an action under this section.
23 “(4) The Attorney General of Oregon, on behalf of the State of
24 Oregon, may bring an action or claim for relief alleging nuisance or
25 trespass arising from the use of a drone in the State of Oregon. A
26 court shall award reasonable attorney fees to the Attorney General if
27 the Attorney General prevails in an action under this section.
28 “SECTION 8. This 2013 Act being necessary for the immediate
29 preservation of the public peace, health and safety, an emergency is
30 declared to exist, and this 2013 Act takes effect on its passage.”.
SB 71-4 3/6/13
Proposed Amendments to SB 71 Page 4
 

colorex

Rotor Riot!
Mentor
#2
I see that there will still be hope for FPV'ers, but that depends on what mood the "Oregon Department of Aviation" is in at the time you bring your aircraft to get registered.

SECTION 3. (1) A public body other than the Oregon National Guard may not operate a drone in Oregon without registering the drone with the Oregon Department of Aviation.
 
#3
Did you see this one:

“(1) ‘Drone’ means an unmanned flying machine.

Every RC plane will have to be inspected and taxed. End of hobby.
 

MountianFlyingWV

User of Gorilla Glue
#4
The government........oi!
I cant say anything without getting angry at them so im not going to say anything.
This is why i store my guns and rc planes in the same place though ;)
 
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#5
We don't have the definition of "public body" but I'm guessing individuals are not included. Therefore you will not have to register your "drones". The only things that would appear to apply to an individual are the liability and criminal sections.

Edit: here is the definition of Publuc Body, it only applies to the government:
§ 174.109¹
Public body defined
Subject to ORS 174.108 (Effect of definitions), as used in the statutes of this state public body means state government bodies, local government bodies and special government bodies. [2001 c.74 §2]
 
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