25 LC 39 4610S
House Bill 205 (COMMITTEE SUBSTITUTE)
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 2 of Chapter 3 of Title 38 of the Official Code of
1
Georgia Annotated, relating to general provisions relative to aviation and organization and2
administration of emergency management, respectively, so as to provide for the development3
of a list of approved unmanned aircraft systems for use in this state by the Georgia4
Emergency Management and Homeland Security Agency; to provide for definitions; to5
provide for standards for the development of such list; to authorize local ordinances relating6
to unmanned aircraft systems on such list in certain instances; to authorize the operation of7
unmanned aircraft systems in this state on such approved list in or on public property; to8
encourage the purchase of unmanned aircraft systems from such approved list and prohibit9
the purchase of unmanned aircraft systems not on such approved list by state agencies or10
local governments after a certain date; to exempt records relating to the development of an11
approved unmanned aircraft system list from open records requirements; to provide for12
related matters; to repeal conflicting laws; and for other 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 Georgia Emergency Management and Homeland Security Agency pursuant to22
Code Section 38-3-39.23
(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 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
(d) To the extent practicable, a state agency or county, municipality, or other political49
subdivision of this state shall purchase or acquire only approved unmanned aircraft50
systems; provided, however, that, on and after January 1, 2028, no state agency or county,51
municipality, or other political subdivision of this state shall purchase or acquire an52
unmanned aircraft system that is not an approved unmanned aircraft system."53
SECTION 2.54
Article 2 of Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to55
organization and administration of emergency management, is amended by adding a new56
Code section to read as follows:57
"38-3-39.58
(a) As used in this Code section, the term 'unmanned aircraft system' shall have the same59
meaning as set forth in Code Section 6-1-4.60
(b) No later than December 1, 2025, the Georgia Emergency Management and Homeland61
Security Agency shall develop a list of unmanned aircraft systems approved for use within62
this state. Such list shall be developed in coordination with the Department of63
Administrative Services, be developed after consultation with experts in the field of data64
collection and privacy, and include unmanned aircraft systems determined by the Georgia65
Emergency Management and Homeland Security Agency to:66
(1) Be compliant with Federal Aviation Administration standards;67
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(2) Have been cleared for use by the United States Department of Defense;68
(3) Be compliant with requirements of the federal National Defense Authorization Act69
of 2024, P.L. 118-31;70
(4) Be designed in a manner that prevents the transmission of data to unauthorized71
persons or entities under normal operating conditions; and72
(5) Present no threat to the security of this state.73
(c) The list developed pursuant to this Code section shall be published upon the Georgia74
Emergency Management and Homeland Security Agency public website.75
(d) The Georgia Emergency Management and Homeland Security Agency shall review76
and update the list compiled pursuant to this Code section every six months. Any records77
of the Georgia Emergency Management and Homeland Security Agency relative to the78
development of such list shall be exempt from Article 4 of Chapter 18 of Title 50, relating79
to open records."80
SECTION 3.81
All laws and parts of laws in conflict with this Act are repealed.82
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