CLARIFY UNMANNED AIRCRAFT SYSTEM LAW.

View NCGA Bill Details2015-2016 Session
House Bill 4 (Public) Filed Wednesday, January 28, 2015
AN ACT TO CLARIFY THAT AGENTS OR AGENCIES OF THE STATE OR A POLITICAL SUBDIVISION OF THE STATE SHALL HAVE AUTHORITY TO PROCURE AND OPERATE UNMANNED AIRCRAFT SYSTEMS UPON APPROVAL OF THE STATE CHIEF INFORMATION OFFICER AND TO MODIFY THE REGULATION OF UNMANNED AIRCRAFT SYSTEMS TO CONFORM TO FAA GUIDELINES.
Intro. by Torbett.

Status: Re-ref Com On Agriculture/Environment/Natural Resources (Senate Action) (May 5 2015)

SOG comments (1):

Long title change

House committee substitute to the 1st edition changed the long title. Original long title was AN ACT TO CLARIFY THAT AGENTS OR AGENCIES OF THE STATE OR A POLITICAL SUBDIVISION OF THE STATE SHALL HAVE AUTHORITY TO PROCURE AND OPERATE UNMANNED AIRCRAFT SYSTEMS UPON APPROVAL OF THE STATE CHIEF INFORMATION OFFICER.

H 4

Bill Summaries:

  • Summary date: Apr 16 2015 - More information

    House committee substitute makes the following changes to the 1st edition.

    Under current law, the Division of Aviation of the Department of Transportation (Division) is responsible for the development of and administration of a knowledge and skills test for operating an unmanned aircraft. Amends GS 63-95(b) to delete the requirement that the test be a skills test; instead requires only a knowledge test. Adds language requiring that the test must ensure that the operator of an unmanned aircraft system is knowledgeable of the state statutes and regulations that regulate the operation of unmanned aircraft systems. Makes conforming changes, deleting all references to requiring a skills test for operating unmanned aircraft systems.

    Amends GS 63-96 and deletes the requirement for a "license" for commercial operation of unmanned aircraft systems and instead requires a "permit" for commercial operation of unmanned aircraft systems. Removes all references in this section to "license" and replaces them with "permit." Decreases the minimum permittee age from 18 to 17. Provides that a person who operates an unmanned aircraft system for commercial purposes other than as authorized under this section is guilty of a Class 1 misdemeanor.

    Provides that before implementation of the knowledge test and permit process required by GS 63-96, any person authorized by the FAA for commercial operation of an unmanned aircraft system in this state will not be in violation of GS 63-96. However, the person must make an application for a state permit for commercial operation within 60 days of the full implementation of the permitting process and are issued a state commercial operation permit in due course.

    Amends the long title of this act.


  • Summary date: Jan 28 2015 - More information

    Amends Section 7.16(e) of SL 2013-360 as amended, to provide that until December 31, 2015, the State CIO has the authority to approve or disapprove (i) any procurement or operation of an unmanned aircraft system by state agencies or political subdivisions and (ii) the disclosure of personal information about any person acquired through unmanned aircraft operation by a state agency or political subdivisions. Allows the State CIO to consult the Division of Aviation in the Department of Transportation when making a decision under this subsection. Requires the State CIO to immediately report to the Joint Legislative Oversight Committee on Information Technology and the Fiscal Research Division on any and all decisions made under this subsection.  Allows state agencies or political subdivisions to procure or operate unmanned aircraft systems before the knowledge and skills test is established, as required by GS 63-95. However, provides that state agencies or political subdivisions that submit a request on or after the date that the knowledge and skills test is implemented are also subject to the provisions of GS 63-95. 

    Amends Section 34.30(j) of SL 2014-100, making clarifying changes reflecting the authorization of the operation of unmanned aircraft systems by state agencies or political subdivisions in accordance with the changes made to Section 7.16(e) of SL 2013-360. 


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