House Bill 839

AN ACT TO CREATE THE "UNCREWED AIRCRAFT SYSTEMS RIGHTS AND AUTHORITIES ACT"; TO PROVIDE THAT AN INDIVIDUAL, IN COMPLIANCE WITH FEDERAL LAW, MAY OPERATE AN UNCREWED AIRCRAFT SYSTEM FOR RECREATIONAL PURPOSES WITHIN THIS STATE IN CONFORMITY WITH THE LAWS OF THIS STATE; TO PROVIDE THAT AN INDIVIDUAL OR BUSINESS ENTITY, DOING BUSINESS LAWFULLY WITHIN THIS STATE AND IN COMPLIANCE WITH FEDERAL LAW, MAY OPERATE OR USE AN UNCREWED AIRCRAFT SYSTEM FOR COMMERCIAL PURPOSES WITHIN THIS STATE IN CONFORMITY WITH THE LAWS OF THIS STATE; TO PROVIDE THAT THIS ACT SHALL NOT LIMIT A LOCAL GOVERNMENT FROM CREATING ORDINANCES TO REGULATE UNCREWED AIRCRAFT; TO BRING FORWARD SECTIONS 97-47-3 AND 97-47-9, MISSISSIPPI CODE OF 1972, WHICH PROVIDE FOR THE "MISSISSIPPI UNMANNED AIRCRAFT SYSTEMS PROTECTIONS ACT" FOR PURPOSES OF AMENDMENT; TO AMEND SECTIONS 97-47-5 AND 97-47-7, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE "UNCREWED AIRCRAFT SYSTEMS RIGHTS AND AUTHORITIES ACT"; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. (1) This act shall be known and may be cited as the "Uncrewed Aircraft Systems Rights and Authorities Act".

(2) The following words shall have the meanings ascribed herein:

(a) "Uncrewed aircraft" means an aircraft that is operated without the possibility of direct human intervention from within or on the aircraft.

(b) "Uncrewed aircraft system" means an uncrewed aircraft and associated elements, including communication links and the components that control the uncrewed aircraft, that are required for the pilot in command to operate safely and efficiently in the national airspace system.

(3) Nothing in this act shall be construed to preempt or intrude upon the exclusive sovereignty of airspace of the United States. Any interpretation or application of any provision of this act that contradicts the exclusive authority of the United States government to regulate the operation of uncrewed aircraft and uncrewed aircraft systems in the airspace of the United States shall be void.

(4) (a) An individual, in compliance with federal law, may operate an uncrewed aircraft system for recreational purposes within this state in conformity with the laws of this state.

(b) An individual or business entity, doing business lawfully within this state and in compliance with federal law, may operate or use an uncrewed aircraft system for commercial purposes within this state in conformity with the laws of this state.

(5) An owner of an uncrewed aircraft or uncrewed aircraft system shall not be required to register such aircraft or system beyond what may be required by Federal Aviation Administration rules.

(6) The operation of an uncrewed aircraft system, in accordance with federal law, in airspace over this state does not, standing alone, give rise to legal liability under the laws of this state or its political subdivisions.

SECTION 2. (1) (a) A person is guilty of an offense under this act if committed with the aid of an uncrewed aircraft system if the uncrewed aircraft system is under the person's control and the activity performed with the aid of the uncrewed aircraft system would have given rise to liability for the offense under the laws of this state if it was performed directly by the person without the aid of an uncrewed aircraft system, except as otherwise provided.

(b) Operation of an uncrewed aircraft over real property, where the aircraft at no point lands on the property or comes into contact with structures or natural features on the property, does not constitute trespass to land or any violation of law based on intrusion onto land.

(c) Notwithstanding paragraph (b) of this subsection, a person is liable for aerial trespass if the person intentionally, and without the consent of the land possessor, operates an uncrewed aircraft such that the aircraft (i) enters into the immediate reaches of the airspace next to the land, and (ii) interferes substantially with the possessor's use and enjoyment of his or her land.

(d) Consistent with paragraph (a) of this subsection, an uncrewed aircraft can be the instrumentality by which a tort in violation of privacy rights may be committed under federal or state law.

(e) The state, through a duly adopted and enforceable agency issued rule or regulation or other grant of authority, may: (i) provide for the operation of an uncrewed aircraft system by or on behalf of the state; or that is owned by the state, (ii) provide for or prohibit the launch of an uncrewed aircraft from property owned by the state, (iii) the intentional landing of an uncrewed aircraft onto property owned by the state, or (iv) the presence of a pilot actively in command of such uncrewed aircraft system on property owned by the state.

(2) (a) Except as otherwise expressly provided in this act, a political subdivision may not enact or enforce an ordinance that relates to the ownership, operation, design, manufacture, testing, maintenance, licensing, registration, or certification of an uncrewed aircraft system, including, but not limited to, airspace, altitude, flight paths, or equipment requirements; or

qualifications, training, or certification of a pilot, operator, or observer of an uncrewed aircraft system.

(b) This subsection does not limit the authority of a political subdivision to: (i) adopt an ordinance that enforces Federal Aviation Administration restrictions, (ii) adopt or enforce an ordinance that relates to the operation of an uncrewed aircraft system by or on behalf of such political subdivision; or that is owned by such political subdivision, (iii) adopt or enforce generally applicable ordinances that relate to nuisances, voyeurism, harassment, reckless endangerment, property damage, or other illegal acts arising from the use of uncrewed aircraft systems, so long as such ordinances are not specifically related to the use of an uncrewed aircraft system for those illegal acts, or (iv) adopt or enforce an ordinance that regulates the launch of an uncrewed aircraft from property owned by the political subdivision, the intentional landing of an uncrewed aircraft onto property owned by the political subdivision or the presence of a pilot actively in command of such uncrewed aircraft system on property owned by the political subdivision.

(c) Any ordinance that violates this section, whether enacted or adopted by a political subdivision before or after the date of enactment of this act is void.

(3) A measure adopted under paragraph (b) of subsection (2) of this section shall not be enforceable until the full text of such measure, including all properties covered by such measure, has been reported to the public, if such measure includes park property, unless the duration of such measure, as it applies to the park property, is no more than two (2) years and requires affirmative renewal, for no more than two (2) years; and in the case of a political subdivision ordinance, there is other similar park property owned by the political subdivision and within the jurisdiction of such political subdivision not subject to regulation under such subsection.

(4) Nothing in this act shall be construed to prohibit: (a) the take-off or landing of an uncrewed aircraft as deemed reasonable or necessary by private or public entities for emergency or maintenance support functions or services, including the protection and maintenance of public or private critical infrastructure; (b) the landing of an uncrewed aircraft by an operator in compliance with Federal Aviation Administration regulations as deemed reasonable or necessary by the operator in the event of a technical malfunction of an uncrewed aircraft system; (c) the take-off or landing of an uncrewed aircraft being operated by a sworn public safety officer in the performance of his duties; or (d) the take-off or landing of an uncrewed aircraft owned or operated by the United States government, or any operator under contract with any agency of the United States government, in performance of his assigned duties.

(5) Nothing in this act shall be construed to permit state or local regulation of uncrewed aircraft operations in airspace over land owned by the state or a political subdivision.

SECTION 3. Section 97-47-3, Mississippi Code of 1972, is brought forward as follows:

97-47-3. For the purposes of this chapter, unless otherwise specified, the following terms shall have the following meanings:

(a) "Correctional facility" means any:

(i) Confinement facility operated or contracted by the Mississippi Department of Corrections;

(ii) Confinement facility operated or contracted by the Federal Department of Prisons;

(iii) Municipality or county jail;

(iv) Confinement facility operated or contracted by the Federal Department of Prisons; or

(v) Public or private youth detention facility.

(b) "Critical infrastructure" means any of the following, whether public or private:

(i) Petroleum refinery or petroleum tank farm;

(ii) Electrical power generation facility which supports the Mississippi power grid system;

(iii) Natural gas processing and terminal facility;

(iv) Military installation owned by the federal or state government; or

(v) Entity contracted by the Department of Defense or State Military Department to produce defense products.

(c) "Unmanned aircraft" means an aircraft that is constructed or operated without the possibility of direct human intervention from within or on the aircraft, including every object that is on board or otherwise attached to the aircraft, or carried or operated during flight, regardless of weight. For purposes of this chapter, this term is synonymous with the term "drone."

(d) "Unmanned aircraft system" means an unmanned aircraft and all associated elements, including, but not limited to, communication links, sensing devices, and components that control the unmanned aircraft.

SECTION 4. Section 97-47-5, Mississippi Code of 1972, is amended as follows:

97-47-5. Except as otherwise provided in Sections 1 and 2 of this act, a person commits the offense of unlawful use of an unmanned aircraft system if he or she knowingly:

(a) Uses an unmanned aircraft system to conduct surveillance of, collect information or data, or photographically or electronically record a critical infrastructure or correctional facility without the prior written consent of the owner, or the owner's designee, of the critical infrastructure or correctional facility; or

(b) Delivers or attempts to deliver contraband using an unmanned aircraft system on a correctional facility property or adjacent property for the purpose of introducing contraband into a correctional facility.

SECTION 5. Section 97-47-7, Mississippi Code of 1972, is amended as follows:

97-47-7. (1) Nothing in this chapter shall be deemed to prohibit the operation of an unmanned aircraft system by a law enforcement agency for any lawful purpose in this state.

(2) A public agency or a public contractor, other than a law enforcement agency or contractor, may operate an unmanned aircraft system only if the public agency or contracted entity operates the unmanned aircraft system:

(a) With the written consent of the owner, or the owner's designee, of the critical infrastructure or correctional facility; and

(b) In accordance with the rules and regulations adopted by the Federal Aviation Administration and Sections 1 and 2 of House Bill 839, 2023 Regular Session.

(3) This chapter shall not pertain to unmanned aircraft operating under Federal Aviation Administration Certificates of Waiver Authorization.

SECTION 6. Section 97-47-9, Mississippi Code of 1972, is brought forward as follows:

97-47-9. (1) Any person who is convicted under Section 97-47-5(a) shall be guilty of a misdemeanor, punishable up to one (1) year in prison or a fine not to exceed One Thousand Dollars ($1,000.00) for the first offense or both.

(2) Any person convicted under Section 97-47-5(b) shall be guilty of a felony, punishable by a term of no less than three (3) years and no more than fifteen (15) years in the State Penitentiary or a fine not to exceed Twenty-five Thousand Dollars ($25,000.00), or both.

SECTION 7. This act shall take effect and be in force from and after July 1, 2023.