House Bill 205 (COMMITTEE SUBSTITUTE)
By: Representatives Clark of the 100th, Gaines of the 120th, Jones of the 25th, Crowe of the
118th, Greene of the 154th, 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
Georgia Annotated, relating to general provisions relative to aviation and organization and
administration of emergency management, respectively, so as to provide for the development
of a list of approved unmanned aircraft systems for use in this state by the Georgia
Emergency Management and Homeland Security Agency; to provide for definitions; to
provide for standards for the development of such list; to authorize local ordinances relating
to unmanned aircraft systems on such list in certain instances; to authorize the operation of
unmanned aircraft systems in this state on such approved list in or on public property; to
encourage the purchase of unmanned aircraft systems from such approved list and prohibit
the purchase of unmanned aircraft systems not on such approved list by state agencies or
local governments after a certain date; to exempt records relating to the development of an
approved unmanned aircraft system list from open records requirements; to provide for
related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 1 of Title 6 of the Official Code of Georgia Annotated, relating to general provisions
relative to aviation, is amended by revising Code Section 6-1-4, relating to unmanned aircraft
system defined, preemption for unmanned aircraft systems, and operations, as follows:
"6-1-4.
<del>(a)(1)</del> As used in this Code section, the term:
<ins>(1) 'Approved unmanned aircraft system' means an unmanned aircraft system approved
by the Georgia Emergency Management and Homeland Security Agency pursuant to
Code Section 38-3-39.
(2) 'Unmanned</ins> <del>'unmanned</del> aircraft system' means a powered, aerial vehicle <ins>that is not a
satellite and</ins> that:
(A) Does not carry a human operator and is operated without the possibility of direct
human intervention from within or on the aircraft;
(B) Uses aerodynamic forces to provide vehicle lift;
(C) Can fly autonomously or be piloted remotely; and
(D) Can be expendable or recoverable.
<del>(2) Such term shall not include a satellite.
</del> (b) Any ordinance, resolution, regulation, or policy of any county, municipality, or other
political subdivision of this state regulating the testing or operation of unmanned aircraft
systems shall be deemed preempted and shall be null, void, and of no force and effect;
provided, however, that a county, municipality, or other political subdivision of this state
may:
(1) Enforce any ordinance that was adopted on or before April 1, 2017;
(2) Adopt an ordinance that enforces Federal Aviation Administration restrictions; <del>or
</del> (3) Adopt an ordinance that <del>provides for or</del> prohibits the launch or intentional landing
of an unmanned aircraft system from or on its public property <del>except with respect to the
operation of an unmanned aircraft system for commercial purposes;</del> <ins>or
</ins>
<ins>(4) Adopt an ordinance that provides for the launch or intentional landing of an approved
unmanned aircraft system from or on its public property.
</ins> (c) The state, through agency or departmental rules and regulations, may <del>provide for or
</del> prohibit the launch or intentional landing of an unmanned aircraft system from or on its
public property. <ins>The state, through agency or departmental rules and regulations, may
provide for the launch or intentional landing of an approved unmanned aircraft system from
or on its public property.
(d) To the extent practicable, a state agency or county, municipality, or other political
subdivision of this state shall purchase or acquire only approved unmanned aircraft
systems; provided, however, that, on and after January 1, 2028, no state agency or county,
municipality, or other political subdivision of this state shall purchase or acquire an
unmanned aircraft system that is not an approved unmanned aircraft system."
</ins> SECTION 2.
Article 2 of Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to
organization and administration of emergency management, is amended by adding a new
Code section to read as follows:
<ins>"38-3-39.
(a) As used in this Code section, the term 'unmanned aircraft system' shall have the same
meaning as set forth in Code Section 6-1-4.
(b) No later than December 1, 2025, the Georgia Emergency Management and Homeland
Security Agency shall develop a list of unmanned aircraft systems approved for use within
this state. Such list shall be developed in coordination with the Department of
Administrative Services, be developed after consultation with experts in the field of data
collection and privacy, and include unmanned aircraft systems determined by the Georgia
Emergency Management and Homeland Security Agency to:
(1) Be compliant with Federal Aviation Administration standards;
</ins>
<ins>(2) Have been cleared for use by the United States Department of Defense;
(3) Be compliant with requirements of the federal National Defense Authorization Act
of 2024, P.L. 118-31;
(4) Be designed in a manner that prevents the transmission of data to unauthorized
persons or entities under normal operating conditions; and
(5) Present no threat to the security of this state.
(c) The list developed pursuant to this Code section shall be published upon the Georgia
Emergency Management and Homeland Security Agency public website.
(d) The Georgia Emergency Management and Homeland Security Agency shall review
and update the list compiled pursuant to this Code section every six months. Any records
of the Georgia Emergency Management and Homeland Security Agency relative to the
development of such list shall be exempt from Article 4 of Chapter 18 of Title 50, relating
to open records."
</ins> SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.