24 LC 56 0198S
The Senate Committee on Science and Technology offered the following
substitute to HB 988:
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 1 of Title 6, Chapter 80 of Title 36, Article 2A of Chapter 3 of Title 38,1
and Title 50 of the Official Code of Georgia Annotated, relating to general provisions2
relative to aviation; provisions applicable to counties, municipalities, corporations, and other3
governmental entities; the Board of Homeland Security; and state government, respectively,4
so as to provide for the development of a list of approved unmanned aircraft systems by the5
Board of Homeland Security; to provide for standards for the development of such list; to6
prohibit the operation of unmanned aircraft systems in this state other than those upon such7
approved list; to prohibit the purchase or expenditure of public funds for the contractual use8
of unmanned aircraft systems not on such approved list by state agencies or local9
governments; to exempt records relating to the development of an approved unmanned10
aircraft system list from the Open Records Act; to provide for an annual inventory of11
artificial intelligence usage by state agencies; to provide for annual reports of such; to12
provide for the authority to develop and establish certain policies; to provide for related13
matters; to repeal conflicting laws; and for other purposes.14
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:15
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SECTION 1.16
Chapter 1 of Title 6 of the Official Code of Georgia Annotated, relating to general provisions17
relative to aviation, is amended by revising Code Section 6-1-4, relating to unmanned aircraft18
system defined, preemption for unmanned aircraft systems, and operations, as follows:19
"6-1-4.20
(a)(1) As used in this Code section, the term:21
(1) 'Approved unmanned aircraft system' means an unmanned aircraft system approved22
by the Board of Homeland Security pursuant to Code Section 38-3-43.23
(2) 'Unmanned 'unmanned aircraft system' means a powered, aerial vehicle that is not a24
satellite and that:25
(A) Does not carry a human operator and is operated without the possibility of direct26
human intervention from within or on the aircraft;27
(B) Uses aerodynamic forces to provide vehicle lift;28
(C) Can fly autonomously or be piloted remotely; and29
(D) Can be expendable or recoverable.30
(2) Such term shall not include a satellite.31
(b) Any ordinance, resolution, regulation, or policy of any county, municipality, or other32
political subdivision of this state regulating the testing or operation of unmanned aircraft33
systems shall be deemed preempted and shall be null, void, and of no force and effect;34
provided, however, that a county, municipality, or other political subdivision of this state35
may:36
(1) Enforce any ordinance that was adopted on or before April 1, 2017;37
(2) Adopt an ordinance that enforces Federal Aviation Administration restrictions; or38
(3) Adopt an ordinance that provides for or prohibits the launch or intentional landing39
of an unmanned aircraft system from or on its public property except with respect to the40
operation of an approved unmanned aircraft system for commercial purposes; or41
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(4) Adopt an ordinance that provides for the launch or intentional landing of an approved42
unmanned aircraft system from or on its public property.43
(c) The state, through agency or departmental rules and regulations, may provide for or44
prohibit the launch or intentional landing of an unmanned aircraft system from or on its45
public property. The state, through agency or departmental rules and regulations, may46
provide for the launch or intentional landing of an approved unmanned aircraft system from47
or on its public property."48
SECTION 2.49
Chapter 80 of Title 36 of the Official Code of Georgia Annotated, relating to provisions50
applicable to counties, municipalities, corporations, and other governmental entities, is51
amended by adding a new Code section to read as follows:52
"36-80-32.53
(a) As used in this Code section, the term:54
(1) 'Approved unmanned aircraft system' means an unmanned aircraft system approved55
by the Board of Homeland Security pursuant to Code Section 38-3-43.56
(2) 'Unmanned aircraft system' shall have the same meaning as set forth in Code57
Section 6-1-4.58
(b) No county, municipality, school district, local authority, local governmental unit, or59
other political subdivision of this state shall purchase or expend public funds for the60
contractual use of an unmanned aircraft system that is not an approved unmanned aircraft61
system."62
SECTION 3.63
Article 2A of Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to the64
Board of Homeland Security, is amended by adding a new Code section to read as follows:65
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"38-3-43.66
(a) As used in this Code section, the term 'unmanned aircraft system' shall have the same67
meaning as provided for in Code Section 6-1-4.68
(b) No later than December 1, 2024, the board shall develop a list of unmanned aircraft69
systems approved for use within this state. Such list shall be developed in coordination70
with the Department of Administrative Services and shall include unmanned aircraft71
systems determined by the board to be compliant with Federal Aviation Administration72
standards and to present no threat to the security of this state. Such list shall be published73
upon the Georgia Emergency Management and Homeland Security Agency website.74
(c) The board shall review and update the list compiled pursuant to subsection (b) of this75
Code section every six months. Any records of the board relative to the development of76
the list compiled pursuant to subsection (b) of this Code section shall be exempt from77
Article 4 of Chapter 18 of Title 50, relating to open records."78
SECTION 4.79
Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended80
by adding a new Code section to read as follows:81
"50-5-86.82
(a) As used in this Code section, the term:83
(1) 'Approved unmanned aircraft system' means an unmanned aircraft system approved84
by the Board of Homeland Security pursuant to Code Section 38-3-43.85
(2) 'State agency' means any authority, board, department, instrumentality, institution,86
agency, or other unit of state government.87
(3) 'Unmanned aircraft system' shall have the same meaning as set forth in Code88
Section 6-1-4.89
(b) No state agency shall purchase or expend public funds for the contractual use of an90
unmanned aircraft system that is not an approved unmanned aircraft system."91
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SECTION 5.92
Said title is further amended by revising Code Section 50-25-7.9, which is reserved, as93
follows:94
"50-25-7.9.95
(a) As used in this Code section, the term 'artificial intelligence' means a machine based96
system that can, for a given set of human defined objectives, make predictions,97
recommendations, or decisions influencing real or virtual environments. Artificial98
intelligence systems use machine based and human based inputs to perceive real and virtual99
environments, abstract such perceptions into models through analysis in an automated100
manner, and use model inference to formulate options for information or action.101
(b) The authority shall:102
(1) Not later than December 31, 2024, and annually thereafter, conduct an inventory of103
all systems that employ artificial intelligence and are in use by any agency. Each104
inventory shall include, but not be limited to, the following information for each such105
system:106
(A) The name of the system and the vendor, if any, that provided such system;107
(B) A description of the general capabilities and uses of such system;108
(C) Whether such system was used to independently make, inform, or materially109
support a conclusion, decision, or judgment; and110
(D) Whether such system underwent an impact assessment prior to implementation;111
and112
(2) Not later than December 31, 2025, develop and establish policies and procedures113
concerning the development, procurement, implementation, utilization, and ongoing114
assessment of systems that employ artificial intelligence and are in use by agencies. Such115
policies and procedures shall, at a minimum:116
(A) Govern the procurement, implementation, and ongoing assessment of such systems117
by agencies; and118
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(B) Ensure that no such system results in any unlawful discrimination against any119
individual or group of individuals.120
(c) The Georgia Technology Authority shall prepare an annual report on the inventory of121
artificial intelligence in use by agencies, as provided for in paragraph (1) of subsection (b)122
of this Code section. Such report shall be provided to the Governor, Lieutenant Governor,123
and members of the House of Representatives and Senate; provided, however, that the124
authority shall not be required to distribute copies of the report but shall notify the125
recipients of the availability of such report in the manner deemed by the authority to be126
most effective and efficient.127
(d) All state agencies shall cooperate with the authority in the administration of this Code128
section. Reserved."129
SECTION 6.130
All laws and parts of laws in conflict with this Act are repealed.131
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