RÉSUMÉ DIGEST
ACT 238 (SB 69) 2017 Regular Session Carter
New law provides that, except as otherwise provided by prior law, the state has exclusive
jurisdiction to regulate all unmanned aircraft systems and all unmanned aerial systems.
Further provides that state law supersedes and preempts any rule, regulation, code, or
ordinance of any political subdivision or other unit of local government.
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.
(i)An unmanned aircraft system used by a person, affiliate, employee, agent, or
contractor of any business that is regulated by the Federal Railroad
Administration, while acting in the course and scope of his employment or agency relating to the operation, repair, or maintenance of a facility,
equipment, servitude, or any property located on the immovable property
belonging to such business.
Provides that if federal law or regulation preempts any provision of new law, then that
provision is null.
Effective upon signature of the governor (June 14, 2017).
(Adds R.S. 2:2)