Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S2438 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	SENATE DOCKET, NO. 509 FILED ON: 1/13/2025
3	3	SENATE . . . . . . . . . . . . . . No. 2438
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Michael F. Rush
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act relative to unmanned aerial systems.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :Michael F. RushNorfolk and Suffolk 1 of 5
16	16	SENATE DOCKET, NO. 509 FILED ON: 1/13/2025
17	17	SENATE . . . . . . . . . . . . . . No. 2438
18	18	By Mr. Rush, a petition (accompanied by bill, Senate, No. 2438) of Michael F. Rush relative to
19	19	unmanned aerial systems. Transportation.
20	20	[SIMILAR MATTER FILED IN PREVIOUS SESSION
21	21	SEE HOUSE, NO. 3429 OF 2023-2024.]
22	22	The Commonwealth of Massachusetts
23	23	_______________
24	24	In the One Hundred and Ninety-Fourth General Court
25	25	(2025-2026)
26	26	_______________
27	27	An Act relative to unmanned aerial systems.
28	28	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
29	29	of the same, as follows:
30	30	1 SECTION 1. Chapter 90 of the General Laws, as appearing in the 2022 official edition, is
31	31	2hereby amended by adding the following section:-
32	32	3 “Section 63(a). As used in this section the following terms shall, unless the context
33	33	4clearly requires otherwise, have the following meanings:-
34	34	5 “Operate”, to pilot, fly, control, direct, or program the flight of an unmanned aircraft
35	35	6system.
36	36	7 “Unmanned Aircraft System” or “UAS”, an unmanned aerial vehicle and associated
37	37	8elements and support equipment required for the safe and efficient operation of the UAV,
38	38	9including but not limited to, communications links and components that control the UAV. 2 of 5
39	39	10 “Unmanned Aerial Vehicle”, “UAV”, or “drone”, a powered aerial vehicle that:
40	40	11 (a)Does not carry a human operator and is operated without the possibility of direct
41	41	12human intervention from within or on the aircraft;
42	42	13 (b)Uses aerodynamic forces to provide vehicle lift;
43	43	14 (c)Can fly autonomously or be piloted remotely;
44	44	15 (d)Can be expendable or recoverable; and
45	45	16 (e)Weighs less than 55lbs.
46	46	17 (b) No municipality shall enact or enforce any ordinance regulating the operation of
47	47	18UAVs and UASs except as otherwise authorized by regulation or guideline promulgated by the
48	48	19Federal Aviation Administration or the laws of this commonwealth.
49	49	20 (c) (1) No person shall operate or permit to be operated, any UAS or UAV in violation of
50	50	21any FAA rule or regulation within the commonwealth. Whoever violates the provisions of this
51	51	22paragraph shall be punished by a fine of not more than one-hundred dollars.
52	52	23 (2) A law enforcement officer who observes a violation of an FAA rule or regulation
53	53	24committed by an operator of a UAS or UAV may request the offender to state their true name
54	54	25and address. Whoever, upon such request, refuses to state their name and address or whoever
55	55	26states a false name and address, or a name and address not in the ordinary use shall be punished
56	56	27by a fine of not less than twenty dollars nor more than fifty dollars. An offender who refuses to
57	57	28state their true name and address may be arrested without a warrant for such refusal, but no
58	58	29person shall be arrested without a warrant for any other FAA rule or regulation violation
59	59	30committed while operating a UAS or UAV. 3 of 5
60	60	31 (d) (1) No person shall equip or operate a UAS or UAV armed with a weapon capable of
61	61	32causing serious bodily injury or death or is otherwise capable of firing or releasing a projectile
62	62	33designed to cause serious bodily injury or death. Persons convicted of unauthorized operation of
63	63	34a UAS or UAV under this paragraph shall be punished by a fine of not more than two-thousand
64	64	35dollars or by imprisonment in a house of correction for not more than one year or both. Federal,
65	65	36state, and municipal public safety explosive ordinance personnel are exempted from this
66	66	37provision for the limited purpose of use of UAS or UAV for the disposal of explosive ordinance.
67	67	38 (2) No person shall operate a UAS or UAV in a manner so as to interfere with or disrupt
68	68	39the flight of manned aircraft, or otherwise impede the normal course of operations of any
69	69	40international, regional, municipal, or general aviation airport. Persons convicted of unauthorized
70	70	41operation of a UAS or UAV under this paragraph shall be punished by a fine of not more than
71	71	42one-thousand five-hundred dollars or by imprisonment in a house of correction for not more than
72	72	43one year or both. Unauthorized operation of a UAS or UAV under this paragraph which results
73	73	44in damage to a manned aircraft in flight or causes said aircraft to crash shall be punished by a
74	74	45fine of not more than ten-thousand dollars or by imprisonment in a house of correction for not
75	75	46more than two and one-half years or both.
76	76	47 (3) No person shall knowingly or intentionally operate a UAS or UAV so as to interfere
77	77	48with or impede first responders or law enforcement actively responding to an emergency.
78	78	49Persons convicted of unauthorized operation of a UAS or UAV under this paragraph shall be
79	79	50punished by a fine of not more than one-thousand dollars, or by imprisonment in a house of
80	80	51correction for not more than six months, or both. 4 of 5
81	81	52 (e) No person shall operate a UAS or UAV for the purpose of conducting surveillance or
82	82	53observation of an individual, their private real property, or dwelling inclusive of the curtilage
83	83	54without said individual’s consent. Improper use of a UAS or UAV under this paragraph shall be
84	84	55deemed a violation of section 1B of chapter 214 of the General Laws. Notwithstanding the
85	85	56provisions of this subsection, use of UASs or UAVs by law enforcement for observational or
86	86	57surveillance purposes is permitted:
87	87	58 (i) if the law enforcement agency first obtains a search warrant authorizing the use of a
88	88	59UAS or UAV;
89	89	60 (ii) to counter the risk of a terrorist incident if the United States Secretary for Homeland
90	90	61Security or the Secretary of the Executive Office of Public Safety and Security determines
91	91	62credible intelligence exists indicating the risk of a terrorist incident;
92	92	63 (iii) if the law enforcement agency possesses reasonable suspicion under the
93	93	64circumstances that use of a UAS or UAV is necessary to prevent imminent danger to life, to
94	94	65conduct a pursuit of an escapee or suspect, or to facilitate a search for a missing person; or
95	95	66 (iv) to document a crime scene or crash scene for investigative, evidentiary, or crash
96	96	67reconstruction purposes.
97	97	68 (f) (1) Notwithstanding any general or special law or regulation to the contrary, a law
98	98	69enforcement agency in possession of images, footage, data, or recordings captured from the use
99	99	70of a UAS or UAV shall permanently erase or destroy or cause to be destroyed all images,
100	100	71footage, data, or recordings captured from a UAS or UAV not later than 120 days following the
101	101	72date on which the images, footage, data, or recordings were captured. 5 of 5
102	102	73 (2) The law enforcement agency may retain said UAS or UAV images, footage, data, or
103	103	74recordings beyond 120 days if such information contains evidence of a crime or is relevant to an
104	104	75ongoing investigation or judicial proceeding.
105	105	76 (g) If any part of this section is for any reason held to be unconstitutional, preempted, or
106	106	77invalid, such decision shall not affect the remainder of this section.