Georgia 2023-2024 Regular Session

Georgia House Bill HB1277 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	24 LC 39 4217
2	2	House Bill 1277
3	3	By: Representatives Clark of the 100
4	4	th
5	5	, Hitchens of the 161
6	6	st
7	7	, Bonner of the 73
8	8	rd
9	9	, Barrett of
10	10	the 24
11	11	th
12	12	, Crowe of the 118
13	13	th
14	14	, and others
15	15	A BILL TO BE ENTITLED
16	16	AN ACT
17	17	To amend Chapter 1 of Title 6, Chapter 80 of Title 36, Article 2A of Chapter 3 of Title 38,
18	18	1
19	19	and Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated,2
20	20	relating to general provisions relative to aviation; provisions applicable to counties,3
21	21	municipalities, corporations, and other governmental entities; general authority, duties, and4
22	22	procedure for state purchasing; and the Board of Homeland Security, respectively, so as to5
23	23	provide for the development of a list of approved unmanned aircraft systems by the Board6
24	24	of Homeland Security; to provide for standards for the development of such list; to prohibit7
25	25	the operation of unmanned aircraft systems in this state other than those upon such approved8
26	26	list; to prohibit the purchase of unmanned aircraft systems not on such approved list by state9
27	27	agencies or local governments; to exempt records relating to the development of an approved10
28	28	unmanned aircraft system list from the Open Records Act; to provide for related matters; to11
29	29	repeal conflicting laws; and for other purposes.12
30	30	BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:13
31	31	H. B. 1277
32	32	- 1 - 24 LC 39 4217
33	33	SECTION 1.
34	34	14
35	35	Chapter 1 of Title 6 of the Official Code of Georgia Annotated, relating to general provisions15
36	36	relative to aviation, is amended by revising Code Section 6-1-4, relating to unmanned aircraft16
37	37	system defined, preemption for unmanned aircraft systems, and operations, as follows:17
38	38	"6-1-4.18
39	39	(a)(1)
40	40	As used in this Code section, the term:19
41	41	(1) 'Approved unmanned aircraft system' means an unmanned aircraft system approved20
42	42	by the Board of Homeland Security pursuant to Code Section 38-3-43.21
43	43	(2) 'Unmanned 'unmanned aircraft system' means a powered, aerial vehicle that is not a22
44	44	satellite and that:23
45	45	(A) Does not carry a human operator and is operated without the possibility of direct24
46	46	human intervention from within or on the aircraft;25
47	47	(B) Uses aerodynamic forces to provide vehicle lift;26
48	48	(C) Can fly autonomously or be piloted remotely; and27
49	49	(D) Can be expendable or recoverable.28
50	50	(2) Such term shall not include a satellite.29
51	51	(b) Any ordinance, resolution, regulation, or policy of any county, municipality, or other30
52	52	political subdivision of this state regulating the testing or operation of unmanned aircraft31
53	53	systems shall be deemed preempted and shall be null, void, and of no force and effect;32
54	54	provided, however, that a county, municipality, or other political subdivision of this state33
55	55	may:34
56	56	(1) Enforce any ordinance that was adopted on or before April 1, 2017;35
57	57	(2) Adopt an ordinance that enforces Federal Aviation Administration restrictions; or36
58	58	(3) Adopt an ordinance that provides for or prohibits the launch or intentional landing37
59	59	of an unmanned aircraft system from or on its public property except with respect to the38
60	60	operation of an approved unmanned aircraft system for commercial purposes; or39
61	61	H. B. 1277
62	62	- 2 - 24 LC 39 4217
63	63	(4) Adopt an ordinance that provides for the launch or intentional landing of an approved40
64	64	unmanned aircraft system from or on its public property.41
65	65	(c) The state, through agency or departmental rules and regulations, may provide for or42
66	66	prohibit the launch or intentional landing of an unmanned aircraft system from or on its43
67	67	public property. The state, through agency or departmental rules and regulations, may44
68	68	provide for the launch or intentional landing of an approved unmanned aircraft system from45
69	69	or on its public property."46
70	70	SECTION 2.47
71	71	Chapter 80 of Title 36 of the Official Code of Georgia Annotated, relating to provisions48
72	72	applicable to counties, municipalities, corporations, and other governmental entities, is49
73	73	amended by adding a new Code section to read as follows:50
74	74	"36-80-32.51
75	75	(a) As used in this Code section, the term:52
76	76	(1) 'Approved unmanned aircraft system' means an unmanned aircraft system approved53
77	77	by the Board of Homeland Security pursuant to Code Section 38-3-43.54
78	78	(2) 'Unmanned aircraft system' shall have the same meaning as set forth in Code55
79	79	Section 6-1-4.56
80	80	(b) No county, municipality, school district, local authority, local governmental unit, or57
81	81	other political subdivision of this state shall purchase an unmanned aircraft system that is58
82	82	not an approved unmanned aircraft system."59
83	83	SECTION 3.60
84	84	Article 2A of Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to the61
85	85	Board of Homeland Security, is amended by adding a new Code section to read as follows:62
86	86	H. B. 1277
87	87	- 3 - 24 LC 39 4217
88	88	"38-3-43.63
89	89	(a) As used in this Code section, the term 'unmanned aircraft system' shall have the same64
90	90	meaning as provided for in Code Section 6-1-4.65
91	91	(b) No later than December 1, 2024, the board shall develop a list of unmanned aircraft66
92	92	systems approved for use within this state. Such list shall be developed in coordination67
93	93	with the Department of Administrative Services and shall include unmanned aircraft68
94	94	systems determined by the board to be compliant with Federal Aviation Administration69
95	95	standards and to present no threat to the security of this state. Such list shall be published70
96	96	upon the Georgia Emergency Management and Homeland Security Agency website.71
97	97	(c) The board shall review and update the list compiled pursuant to subsection (b) of this72
98	98	Code section every six months. Any records of the board relative to the development of73
99	99	the list compiled pursuant to subsection (b) of this Code section shall be exempt from74
100	100	Article 4 of Chapter 18 of Title 50, relating to open records."75
101	101	SECTION 4.76
102	102	Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated,77
103	103	relating to general authority, duties, and procedure for state purchasing, is amended by78
104	104	adding a new Code section to read as follows:79
105	105	"50-5-86.80
106	106	(a) As used in this Code section, the term:81
107	107	(1) 'Approved unmanned aircraft system' means an unmanned aircraft system approved82
108	108	by the Board of Homeland Security pursuant to Code Section 38-3-43.83
109	109	(2) 'State agency' means any authority, board, department, instrumentality, institution,84
110	110	agency, or other unit of state government.85
111	111	(3) 'Unmanned aircraft system' shall have the same meaning as set forth in Code86
112	112	Section 6-1-4.87
113	113	H. B. 1277
114	114	- 4 - 24 LC 39 4217
115	115	(b) No state agency shall purchase an unmanned aircraft system that is not an approved88
116	116	unmanned aircraft system."89
117	117	SECTION 5.90
118	118	All laws and parts of laws in conflict with this Act are repealed.91
119	119	H. B. 1277
120	120	- 5 -