Drone Policy Making

DRONE POLICYMAKING

Ensure Your State/City Is Ready for the Future of Advanced Aviation

By following this plan, lawmakers from around the country can ensure that their state or city is Drone Prepared — in other words, ready for the future of advanced aviation and the numerous benefits that Uncrewed Aircraft Systems (UAS), and eventually Advanced Air Mobility (AAM), will bring to their communities.

 

Best Practice 1

Look for Opportunities to Promote Drone Use for Public Benefit

  • Ensure laws/programs promoting tech advancement apply to UAS
  • Ensure that relevant incentive programs apply to UAS
  • Participate in pilot programs (e.g. FAA BEYOND)
  • Incorporate UAS into government activities/contracts
  • DON’T — Miss the opportunity to bring the benefits of UAS to your community
Best Practice 2

Leave Air Navigation and Aviation Safety to the FAA

  • Adopt laws that acknowledge federal authority and the right to fly UAS
  • Adopt preemptive laws that preclude inconsistent local UAS regulation
  • Carefully consider policies on operations from public spaces
  • Harmonize terminology with federal law
  • DON’T — Regulate air navigation or aviation safety
Best Practice 3

Leverage Existing Law

  • Adopt “extension of self” laws
  • Consider law expressly applying the doctrine of aerial trespass
  • Clarify application of privacy laws
  • DON’T — Adopt unnecessary drone-specific laws and requirements
Best Practice 4

Use Caution in Adopting Drone-Specific Laws

  • Promote technological neutrality
  • Use clear, consistent language
  • Harmonize terminology with federal law
  • DON’T — Place disproportionate burdens on the UAS industry

 

GET INVOLVED

2023 STATE BILL TRACKER

State

Bill Number

What It Does

Drone Prepared's Stance

Status

AR

HB 1125

Prohibits a registered sex offender from purchasing, owning, possessing, using, or operating a UAS for private use.

Tracking; no stance taken

Scheduled for a hearing in the Senate Judiciary Committee

FL

HB 349

Requires the DOT to fund public-use vertiports, ensure equitable local zoning laws, prohibit exclusive vertiports. Sets requirements for vertiport operators.

Oppose

Prefiled

HI

HB 128 / SB 229

Establishes the felony misues of unmanned aircraft in 1st, 2nd, and 3rd degrees; prohibits arming a UAS, disrupting manned aircraft, contraband, causing harm to another, causing harm to property, messing with the registration of the UAS, obstructs law enforcement.

Oppose

Introduced

HI

SB 989

Makes it trespass to intentionally cause a UAS to enter into property and come within 50 ft of a dwelling to coerce or harass or after having been given notice to desist or to take off or land within violation of the FAA; provides exceptions for persons authorized by the FAA to operate.

Oppose

Introduced

HI

HB 1200

Requires the Dept of Land and Natural Resources to establish a UAS program.

Support

Introduced

HI

SB 1482

Establishes the Aerospace Development Office.

Support

Introduced

IL

HB 1228

Permits the use of drones by law enforcement if the agency is assisting an emotionally disturbed person or for use at a special event to monitor crowds or safety - if the event is on private property the use must be approves. Allows the use of drones by law enforcement when the primary purpose is to locate or assist victims, offendors, or guide emergency response, Probides that info gathered by a drone is subject to FOIA.

Tracking; no stance taken

Introduced

IL

SB 107

Allows for investigations of complaints around drone use by police, provides exemptions for the use of drones – including flight path data and telemetry information, prohibits the use of drones over a school unless parents are notified first.

Tracking; no stance taken

Introduced

IN

SB 161 / SB 83 / SB 85

Makes placing a tracking device on an individual without their consent a Class C misdemeanor. Establishes a sentence enhancement if a person uses a tracking device to commit or facilitate a felony. Includes UAS in definition of tracking device.

Tracking; no stance taken

Introduced

MA

HD 595

Provides for state preemption; prohibits the operation of UAS in violation of the FAA, to interfere with mannded aircraft or first responders, to conduct surveillance, or to equip with a weapon.

Support

Prefiled

MD

HB 228

Prohibits persistent aerial surveillance by a unit or agency of the State or political subdivision unless with a warrant, in pursuit of a suspect, for search and rescue, to locate an escaped prioners, or if necessesary to prevent imminent serious bodily harm or destruction of evidence.

Tracking; no stance taken

Introduced

MO

HB 178

Makes it unlawful to use UAS that launches, lands, or operates on private property within 400 feet off the ground and without the consent of the property owner.


Oppose

Filed

MO

HB 179

Makes it a class A misdemeanor, instead of an infraction, to operate an UAS over an open-air facility.

Tracking; no stance taken

Filed

MO

HB 401

Prohibits a law enforcement agency to use UAS to gather evidence relating to criminal conduct without a warrant and prohibits the use of UAS for surveillance of farms or agricultural products.

Tracking; no stance taken

Filed

MO

HB 698

Right to Repair for farm equipment - includes unmanned systems in the definition of farm equipment.

Tracking; no stance taken

Introduced

MS

HB 839

Drone Prepared's model legislation.

Support

Introduced; Referred to Committee on Judiciary B.

MS

SB 2146

Drone Prepared's model legislation.

Support

Introduced; Referred to Committee on Judiciary A.

MS

SB 2853

Requires UAS purchased by the state to be manufactured in the US and to possess collision avoidance systems.

Tracking; no stance taken

Introduced

MT

SB 84

Prohibits the use of aircraft for hunting or for harrassing or interfering with game animals - provides penalties for violation; amended to prohibit using UAS to locate animals for hunting only within the same calendar day.

Tracking; no stance taken

Amended; Passed Senate Fish and Game Committee by a unanimous vote

ND

HB 1018

Governor Doug Burgum's Executive Budget; Provides $37 million in funding for Vantis and the aviation park.

Support

Introduced; House Appropriations Committee hearing held.

NH

HB 434

Allows for the use of UAS in state parks except if it intentionally interferes with the reasonable enjoyment of the park by others and during specific seasons - provides for fines and a daily fee for commercial use.

Tracking; no stance taken

Hearing scheduled in the House Committee on Resources, Recreation, and Development

NJ

AB 1667

Makes it a 4th degree crime to operate a drone that is equipped with a deadly weapon.

Tracking; no stance taken

Filed

NJ

AB 3555

Prohibits the use of drones by law enforcement entities.

Tracking; no stance taken

Filed

NJ

AB 4731

Allows public utilities, cable TV companies, and telecom service providers to operate UAS to inspect/maintain any critical infrastructure owned or operated by the respective providers.

Tracking; no stance taken

Filed

NJ

SB 451

Sets standards for law enforcement agencies and fire departments when using drones.

Tracking; no stance taken

Filed

NJ

SB 2296 / AB 3173

Requires retailers to provide notice of FAA safety guidelines for flying drones to consumers.

Oppose

Introduced

NJ

SB 2297 / AB 3174

Requires that every drone that is sold to or operated by a private individual or business entity in the State to contain geo-fencing technology.

Oppose

Introduced

NV

SB 11

Allows for the use of UAS by a public agency for compliance inspections and inspections of public works.

Tracking; no stance taken

Filed

NY

AB 194

Permits the use of UAS; states that the operation of UAS may not be done in a way that interferes with manned aircraft or emergency response, that is a repeated nuisance or intentionally dangerous, in a way that violates a restraining order; provides for state preemption.

Support

Prefiled

OK

SB 36

Requires a law enforcement agency to make any audio or video recordings from unmanned aircraft available for public inspection.

Tracking; no stance taken

Prefiled

OK

SB 773

Amends the purpose of the Oklahoma Advanced Mobility Pilot Program to be on developing and improving transportation tech, including AGM, AAM, and eVTOL, provides that the OK Aeronautics commission is the agency for AAM, creates a revolving fund for AAM.

Support

Prefiled

OK

HB 1758

Prohibits the use of UAS by county assessors.

Oppose

Prefiled

OK

HB 1760

States that the only authorized government drone operators are public safety agencies.

Tracking; no stance taken

Prefiled

OR

HB 2520

Makes it a Class A misdemeanor for a UAS to interfere with wildlife suppression, law enforcement, or emergency response.

Tracking; no stance taken

Introduced

OR

HB 2688

Allows an individual to bring an action against any person or public body that operated a UAS over their property without permission - removes the previous section that required notification and a previous flight.

Oppose

Introduced

SC

HB 3495

Prohibits a law enforcement agency from acquiring weaponized unmanned aerial vehicles.

Tracking; no stance taken

Introduced

TX

HB 560

Orders a study on the mitigation of transportation security threats, including UAS with the capability of inflicting harm on transportation targets.

Tracking; no stance taken

Prefiled

TX

HB 880

Prohibits the use of UAS in "designated areas" of the capitol complex instead of the whole complex

Tracking; no stance taken

Prefiled

TX

HB 1302

Allows the Railroad Commission of Texas to use UA for inspection of an oil or gas site or facility, a pipeline facility, and a surface mining site.

Support

Introduced

TX

HB 1516 / SB 423

Allows Texas military forces to use UAS to capture images.

Tracking; no stance taken

Introduced

UT

SB 24

Requires AAM and UAS operators to receive registration from the Department to operate in the State and allows the Department to set a fee; allows a political subdivision to require an AAM company to acquire a business license and allows a fee for the license.

Oppose

Passed the House Transportation Committee by a unanimous vote

UT

SB 125

Designates ASPIRE at Utah State as the research center for strategic planning for the electrification of transportation infrastructure.

Tracking; no stance taken

Introduced

UT

HB 206

Amends land use requirements near airports - idea is that this legislation will one day apply to vertiports.

Tracking; no stance taken

Introduced

VA

SB 1073 / HB 2020

Makes it a class 1 misdemeanor to drop any item within the boundaries of a correctional facility, or obtain any photo or videos of inmates, using a UAS.

Oppose

Senate version passed by a unanimous vote

WA

HB 1040

Establishes an Aviation and Aerospace Advisory Committee.

Support

Introduced; Public Hearing Held in House Innovation, Community, Economic Development, and Veterans Committee.

WA

HB 1531

Establishes an Aviation and Aerospace advisory committee.

Introduced

WV

HB 2527

Revises criminal classification laws – applies to all measures that have criminal classifications.

Tracking; no stance taken

Introduced

WY

SF 32

Prohibits the use of drones from flying over correctional facilities or penal institution or from being used to deliver contraband.

Oppose

Passed Senate by 26-4 vote

WY

SF 33

Prohibits the use of UAS for hunting or fishing.

Tracking; no stance taken

Passed the Senate Travel, Recreation, Wildlife, and Cultural Resources Committee by a unanimous vote

WY

SF 34

Makes it trespassing for a UAS to enter into the immediate reaches of airspace over private property and substantially interfere with the landowner's enjoyment of that property.

Oppose

Passed Senate by 18-13 vote.