Generally,
Federal law preempts state law, as discussed elsewhere in this blog. Nevertheless, to date twenty-six (26) states
have enacted laws addressing UAS issues and an additional six states have
adopted resolutions. Common issues addressed in the legislation include
defining what a UAS, UAV or drone is, how they can be used by law enforcement
or other state agencies, how they can be used by the general public and
regulations for their use in hunting game.
I
In
2015, 45 states have considered 156 bills related to drones. Nineteen
states–Arkansas, Florida, Hawaii, Illinois, Louisiana, Maine,
Maryland, Michigan, Mississippi, Nevada, New Hampshire, North Carolina,
North Dakota, Oregon, Tennessee, Texas, Utah, Virginia and West Virginia–have
passed legislation. Four other states - Alaska, Georgia, New Mexico and Rhode Island - adopted resolutions related to drones. Georgia’s
resolution established a House study committee on the use of drones and New
Mexico adopted memorials in the house and senate requiring a study on protecting wildlife from
drones. Rhode Island's resolution created a legislative commission to study and
review regulation of UAS.
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