25 LC 39 4453
House Bill 205
By: Representatives Clark of the 100
th
, Gaines of the 120
th
, Jones of the 25
th
, Crowe of the
118
th
, Greene of the 154
th
, and others
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 1 of Title 6 and Article 2A of Chapter 3 of Title 38 of the Official Code
1
of Georgia Annotated, relating to general provisions relative to aviation and the Board of2
Homeland Security, respectively, so as to provide for the development of a list of approved3
unmanned aircraft systems for use in this state by the Board of Homeland Security; to4
provide for definitions; to provide for standards for the development of such list; to authorize5
local ordinances relating to unmanned aircraft systems on such list in certain instances; to6
authorize the operation of unmanned aircraft systems in this state on such approved list in7
or on public property; to encourage the purchase of unmanned aircraft systems from such8
approved list and prohibit the purchase of unmanned aircraft systems not on such approved9
list by state agencies or local governments after a certain date; to exempt records relating to10
the development of an approved unmanned aircraft system list from open records11
requirements; to provide for related matters; to repeal conflicting laws; and for other12
purposes.13
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:14
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SECTION 1.
15
Chapter 1 of Title 6 of the Official Code of Georgia Annotated, relating to general provisions16
relative to aviation, is amended by revising Code Section 6-1-4, relating to unmanned aircraft17
system defined, preemption for unmanned aircraft systems, and operations, as follows:18
"6-1-4.19
(a)(1)
As used in this Code section, the term:20
(1) 'Approved unmanned aircraft system' means an unmanned aircraft system approved21
by the Board of Homeland Security pursuant to Code Section 38-3-43.22
(2) 'Unmanned 'unmanned aircraft system' means a powered, aerial vehicle that is not a23
satellite and that:24
(A) Does not carry a human operator and is operated without the possibility of direct25
human intervention from within or on the aircraft;26
(B) Uses aerodynamic forces to provide vehicle lift;27
(C) Can fly autonomously or be piloted remotely; and28
(D) Can be expendable or recoverable.29
(2) Such term shall not include a satellite.30
(b) Any ordinance, resolution, regulation, or policy of any county, municipality, or other31
political subdivision of this state regulating the testing or operation of unmanned aircraft32
systems shall be deemed preempted and shall be null, void, and of no force and effect;33
provided, however, that a county, municipality, or other political subdivision of this state34
may:35
(1) Enforce any ordinance that was adopted on or before April 1, 2017;36
(2) Adopt an ordinance that enforces Federal Aviation Administration restrictions; or37
(3) Adopt an ordinance that provides for or prohibits the launch or intentional landing38
of an unmanned aircraft system from or on its public property except with respect to the39
operation of an unmanned aircraft system for commercial purposes; or40
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(4) Adopt an ordinance that provides for the launch or intentional landing of an approved41
unmanned aircraft system from or on its public property.42
(c) The state, through agency or departmental rules and regulations, may provide for or43
prohibit the launch or intentional landing of an unmanned aircraft system from or on its44
public property. The state, through agency or departmental rules and regulations, may45
provide for the launch or intentional landing of an approved unmanned aircraft system from46
or on its public property.47
(d) To the extent practicable, a state agency or county, municipality, or other political48
subdivision of this state shall purchase or acquire only approved unmanned aircraft49
systems; provided, however, that, on and after January 1, 2028, no state agency or county,50
municipality, or other political subdivision of this state shall purchase or acquire an51
unmanned aircraft system that is not an approved unmanned aircraft system."52
SECTION 2.53
Article 2A of Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to the54
Board of Homeland Security, is amended by adding a new Code section to read as follows:55
"38-3-43.56
(a) As used in this Code section, the term 'unmanned aircraft system' shall have the same57
meaning as set forth in Code Section 6-1-4.58
(b) No later than December 1, 2025, the board shall develop a list of unmanned aircraft59
systems approved for use within this state. Such list shall be developed in coordination60
with the Department of Administrative Services, be developed after consultation with61
experts in the field of data collection and privacy, and include unmanned aircraft systems62
determined by the board to:63
(1) Be compliant with Federal Aviation Administration standards;64
(2) Have been cleared for use by the United States Department of Defense;65
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(3) Be compliant with requirements of the federal National Defense Authorization Act66
of 2024, P.L. 118-31;67
(4) Be designed in a manner that prevents the transmission of data to unauthorized68
persons or entities under normal operating conditions; and69
(5) Present no threat to the security of this state.70
(c) The list developed pursuant to this Code section shall be published upon the Georgia71
Emergency Management and Homeland Security Agency public website.72
(d) The board shall review and update the list compiled pursuant to this Code section every73
six months. Any records of the board relative to the development of such list shall be74
exempt from Article 4 of Chapter 18 of Title 50, relating to open records."75
SECTION 3.76
All laws and parts of laws in conflict with this Act are repealed.77
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