Maryland Passes Pro-UAS Legislation; AUVSI Defeats 12th Anti-UAS Bill in 2015

(Source: auvsi.org)  

An effort that began as a brainstorming session with Senator Jim Rosapepe (D-21st) and his staff in July 2014, ultimately resulted in the passage of pro-UAS bill in the Maryland General Assembly. Matt Scassero, director, University of Maryland Unmanned Aircraft Systems Test Site, associate director for Maryland Mid-Atlantic Aviation Partnership (MAAP) and Anthony Pucciarella, director of operations, University of Maryland Unmanned Aircraft Systems Test Site, approached AUVSI on taking an active role and advancing pro-UAS legislation that would incentivize users and researchers into the field and possibly include language that would specify existing programs, funding, and tax provisions for UAS by name.

On 6 February, Sen. Rosapepe introduced the Unmanned Aircraft Systems Research, Development, Regulation, and Privacy Act of 2015. Scassero and Pucciarella testified on behalf of the research/industry partnership and in support of SB 370 and on 20 March, SB 370 passed on the Senate floor (46-0) with a few amendments, most of which they checked back through the University of Maryland at various points. SB 370 pre-empts local government so they cannot enact their own UAS ordinances, creates one law for all of Maryland, includes “surveying” as one of the applications for UAS and rather than enacting any limitations, the bill calls for a study of UAS. Specifically, the UAS provision reads as follows:

(B) ONLY THE STATE MAY ENACT A LAW OR TAKE ANY OTHER ACTION TO PROHIBIT, RESTRICT, OR REGULATE THE TESTING OR OPERATION OF UNMANNED AIRCRAFT SYSTEMS IN THE STATE.

(C) SUBSECTION (B) OF THIS SECTION:

(1) PREEMPTS THE AUTHORITY OF A COUNTY OR MUNICIPALITY TO PROHIBIT, RESTRICT, OR REGULATE THE TESTING OR OPERATION OF UNMANNED AIRCRAFT SYSTEMS; AND (2) SUPERSEDES ANY EXISTING LAW OR ORDINANCE OF A COUNTY OR MUNICIPALITY THAT PROHIBITS, RESTRICTS, OR REGULATES THE TESTING OR OPERATION OF UNMANNED AIRCRAFT SYSTEMS.

(D) THIS SECTION DOES NOT AFFECT FEDERAL PREEMPTION OF STATE LAW

On 10 April the House passed the measure (136-1) with a few amendments from the Environment and Transportation Committee and the Senate concurred with the House amendments on 13 April. Gov. Hogan signed the SB370 into law on 12 May and the act will take effect July 1, 2015.

South Carolina

HB3510, a restrictive UAS bill that was introduced on 4 February and referred to the House Committee on Judiciary has died as the bill did not make it out of committee. The bill by the same number in the 2014 legislative session had the same fate and after discussions with House Committee on Judiciary staff, AUVSI expects the measure to be reintroduced in the 2016 legislative session.

To date, AUVSI has been able to defeat 12 legislative measures (Arkansas, Colorado, Georgia, Maryland., Mississippi, Missouri, Montana, New Mexico, Oklahoma, South Carolina, Vermont and Wyoming). There are eight legislative bills still in play (California, Michigan, New Hampshire, New Jersey, New York, Ohio, Oregon, and Washington) and five bills have passed in Florida, Minnesota, Nevada, North Dakota and Virginia.

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