Louisiana 2017 2017 Regular Session

Louisiana Senate Bill SB69 Comm Sub / Analysis

                    The original instrument was prepared by Jerry J. Guillot. The following digest, which
does not constitute a part of the legislative instrument, was prepared by Cheryl
Serrett.
DIGEST
SB 69 Reengrossed 2017 Regular Session	Carter
Proposed law provides that, except as otherwise provided by present law, the state has exclusive
jurisdiction to regulate all unmanned aircraft systems and all unmanned aerial systems.  Proposed
law further provides that state law supersedes and preempts any rule, regulation, code, or ordinance
of any political subdivision or other unit of local government.
Proposed law defines the following:
(1) "Unmanned aerial system" means an unmanned aircraft and all associated support
equipment, control station, data links, telemetry, communications, and navigation equipment
necessary to operate the unmanned aircraft. Such system may include drones,
remote-controlled aircraft, unmanned aircraft, or any other such aircraft that is controlled
autonomously by computer or remote control from the ground.
(2) "Unmanned aircraft system" means an unmanned, powered aircraft that does not carry a
human operator, may be autonomous or remotely piloted or operated, and may be expendable
or recoverable. "Unmanned aircraft system" does not include any of the following:
(a)A satellite orbiting the earth.
(b)An unmanned aircraft system used by the federal government or a person who is
acting pursuant to contract with the federal government to conduct surveillance of
specific activities.
(c)An unmanned aircraft system used by the state government or a person who is acting
pursuant to a contract with the state government to conduct surveillance of specific
activities.
(d)An unmanned aircraft system used by a local government law enforcement agency
or fire department.
(e)An unmanned aircraft system used by a person, affiliate, employee, agent, or
contractor of any business that is regulated by the La. Public Service Commission,
while acting in the course and scope of his employment or agency relating to the
operation, repair, or maintenance of a facility, servitude, or any property located on
the immovable property belonging to such business.
(f)An unmanned aircraft system used by a person, affiliate, employee, agent, or contractor of any business that is regulated by a local franchising authority, while
acting in the course and scope of his employment or agency relating to the operation,
repair, or maintenance of a facility, servitude, or any property located on the
immovable property belonging to such business.
(g)An unmanned aircraft system used by a person, affiliate, employee, agent, or
contractor of any business that is regulated by the Federal Communications
Commission under the Cable Television Consumer Protection and Competition Act
of 1992 or under Part 73 of Title 47 of the U.S. Code of Federal Regulations, while
acting in the course and scope of his employment or agency relating to the operation,
repair, or maintenance of a facility, servitude, or any property located on the
immovable property belonging to such business.
(h)An unmanned aircraft system used by a person, affiliate, employee, agent, or
contractor of a municipal or public utility while acting in the course and scope of his
employment or agency relating to the operation, repair, or maintenance of a facility,
servitude, or any property located on the immovable property belonging to such
municipal or public utility.
Proposed law provides that if federal law or regulation preempts any provision of proposed law, then
that provision is null.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Adds R.S. 2:2)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary C to the original bill
1. Excludes from definition of "unmanned aircraft system" an unmanned aircraft system
used, under certain circumstances, by a person, affiliate, employee, agent, or
contractor of any business that is regulated by the FCC under Part 73 of Title 47 of
the U.S. Code of Federal Regulations.
Summary of Amendments Adopted by Senate
Senate Floor Amendments to engrossed bill
1. Makes Legislative Bureau technical amendments.