Senate Bill 2146

AN ACT TO ENACT THE UNCREWED AIRCRAFT SYSTEMS' RIGHTS AND AUTHORITIES ACT; TO DEFINE TERMS; TO PROVIDE THAT NOTHING IN THE ACT SHALL PREEMPT FEDERAL LAW; TO PROVIDE THAT AN INDIVIDUAL, IN COMPLIANCE WITH FEDERAL LAW, MAY OPERATE AN UNCREWED AIRCRAFT SYSTEM FOR RECREATIONAL PURPOSES WITHIN 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; TO PROVIDE THAT A PERSON MAY BE GUILTY OF AN OFFENSE COMMITTED WITH THE AID OF AN UNCREWED AIRCRAFT SYSTEM IF THE ACTIVITY PERFORMED WITH THE AID OF THE UNCREWED AIRCRAFT SYSTEM WOULD HAVE GIVEN RISE TO LIABILITY IF IT WAS PERFORMED DIRECTLY BY THE PERSON WITHOUT THE AID OF AN UNCREWED AIRCRAFT SYSTEM; TO PROVIDE LIABILITY FOR AERIAL TRESPASS AND INVASION OF PRIVACY; TO PROVIDE FOR THE REGULATORY AUTHORITY OF THE STATE AND ITS POLITICAL SUBDIVISIONS; AND FOR RELATED PURPOSES.

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

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

SECTION 2. As used in this act, the following terms shall have the meanings herein ascribed unless the context clearly indicates otherwise:

(a) "Airspace" means the space above the land and waters of this state.

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

(c) "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.

SECTION 3. (1) An individual, in compliance with federal law, may operate an uncrewed aircraft system for recreational purposes within this state.

(2) 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.

(3) 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.

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

SECTION 4. (1) This act applies to the operations of all uncrewed aircraft systems and the acts of those who own, control or operate such systems, or are affected by such operations.

(2) An uncrewed aircraft system is an instrumentality by which a tort can be committed under the laws of this state.

(3) An uncrewed aircraft system is an instrumentality by which a crime can be committed under the laws of this state.

(4) A person is liable for an act or guilty of an offense 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 civil or criminal liability under the laws of this state, if it was performed directly by the person without the aid of an uncrewed aircraft system.

(5) An uncrewed aircraft can be the instrumentality by which a tort in violation of privacy rights may be committed under federal or state law.

SECTION 5. (1) 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.

(2) Notwithstanding subsection (1) of this section, a person is civilly liable for aerial trespass if the person intentionally, and without the consent of the land possessor, operates an uncrewed aircraft such that the aircraft:

(a) Enters into the immediate reaches of the airspace next to the land; and

(b) Interferes substantially with the possessor's use and enjoyment of his or her land.

SECTION 6. Regulatory authority. (1) The state, through a duly adopted and enforceable agency-issued rule or regulation or other grant of authority, may:

(a) Provide for the operation of an uncrewed aircraft system by or on behalf of the state or that is owned by the state; and

(b) Provide for or prohibit:

(i) The launch of an uncrewed aircraft from property owned by the state;

(ii) The intentional landing of an uncrewed aircraft onto property owned by the state; or

(iii) 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 section, a political subdivision may not enact or enforce an ordinance that relates to the:

(i) 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

(ii) 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:

1. By or on behalf of such political subdivision; or

2. 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, subject to paragraph (c) of this subsection, that regulates:

1. The launch of an uncrewed aircraft from property owned by the political subdivision;

2. The intentional landing of an uncrewed aircraft onto property owned by the political subdivision; or

3. 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 subsection (2), whether enacted or adopted by a political subdivision before or after the date of enactment of Uncrewed Aircraft Systems' Rights and Authorities Act, is null.

(3) (a) A rule or regulation adopted under subsection (1)(b) of this section or subsection (1)(b)(iv) of this section shall not be enforceable:

(i) Until the full text of such measure, including all properties covered by such measure, has been reported to the Secretary of State and published on its public website in accordance with the Administrative Acts and Procedure Law; and

(ii) If such measure includes public property, unless:

1. The duration of such measure, as it applies to a public property, is no more than two (2) years and requires affirmative renewal by the state or political subdivision, for no more than two (2) years; and

2. In the case of a political subdivision, there is other similar public property owned by the political subdivision and within the jurisdiction of such political subdivision.

(4) Nothing in this section 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 section 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 7. Nothing in this act shall preempt the exclusive sovereignty of airspace of the United States as set forth in federal law. 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 null.

SECTION 8. This act shall take effect and be in force from and after July 1, 2023.