A Bill for an Act
Page 1, Line 101Concerning unmanned aircraft systems.
Bill Summary
(Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.)
The bill creates the "Unmanned Aircraft Systems Rights and Authorities Act". The bill does the following:
- Authorizes an individual to operate an unmanned aircraft system (drone system) for recreational purposes in this state;
- Authorizes a person to operate a drone system for commercial purposes within this state if the business is lawful and the operation is in compliance with state and federal law;
- Prohibits the state or a political subdivision of the state (local government) from requiring the registration of an unmanned aircraft or a drone system beyond what may be required by state and federal law;
- Clarifies that the operation of a drone system in compliance with federal law does not, standing alone, give rise to legal liability;
- Establishes and limits the regulatory authority of the state; and
- Establishes and limits the regulatory authority of a local government.
In connection with establishing and limiting the regulatory authority of the state, the bill authorizes the state to regulate the use of drone systems owned by or used by the state or launching from or landing on state property. Exceptions to the state's regulatory authority are made for emergencies, maintenance, technical malfunctions, and law enforcement.
In connection with establishing and limiting the regulatory authority of local governments, the bill prohibits a local government from regulating ownership, operation, design, manufacture, testing, maintenance, licensing, registration, certification, or equipment requirements or qualifications, training, or certification of a pilot, operator, or observer. A local government may regulate the use of drone systems owned by or used by the local government or launching from or landing on local government property. A local government's resolution or ordinance that is general in nature, such as a nuisance regulation, applies to a drone system.
Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:
Page 2, Line 2SECTION 1. Legislative declaration. (1) The general assembly
Page 2, Line 3finds that:
Page 2, Line 4(a) The commercial use of unmanned aerial systems, referred to
Page 2, Line 5in this section as "drones", in operations, including agriculture,
Page 2, Line 6infrastructure, inspection, aerial surveying, news gathering, and disaster
Page 2, Line 7relief, is already prevalent in the state and increasing;
Page 2, Line 8(b) This use of commercial drones is expected to grow even
Page 2, Line 9further as the federal government finalized beyond visual line of sight
Page 3, Line 1regulations;
Page 3, Line 2(c) The federal government, through the federal aviation
Page 3, Line 3administration, has the exclusive authority to regulate aviation safety and
Page 3, Line 4use of airspace by aircraft, including drones, in the navigable airspace of
Page 3, Line 5the United States and its regulations preempt state and local regulation of
Page 3, Line 6those fields;
Page 3, Line 7(d) The state and local governments of the state would benefit
Page 3, Line 8from clarity concerning elements of drone use they can regulate;
Page 3, Line 9(e) The expanding nature of commercial drone use places it
Page 3, Line 10beyond the confines of local jurisdiction regulation;
Page 3, Line 11(f) The avoidance of a patchwork of differing requirements is
Page 3, Line 12required to prevent the hindrance of the development, introduction, or
Page 3, Line 13deployment of drones or new drone technology in the state and the
Page 3, Line 14inherent economic and social benefits arising from their use; and
Page 3, Line 15(g) A drone operator may be in one local jurisdiction while the
Page 3, Line 16drone is flying in another jurisdiction.
Page 3, Line 17(2) Therefore, the general assembly declares that non-airspace
Page 3, Line 18regulation of drones is a matter of statewide concern.
Page 3, Line 19SECTION 2. In Colorado Revised Statutes, add article 7 to title
Page 3, Line 2041 as follows:
Page 3, Line 21ARTICLE 7
Page 3, Line 22Unmanned Aircraft Systems Rights and Authorities Act
Page 3, Line 2341-7-101. Short title.
Page 3, Line 24The short title of this article 7 is the "Unmanned Aircraft
Page 3, Line 25Systems Rights and Authorities Act".
Page 3, Line 2641-7-102. Definitions.
Page 3, Line 27As used in this article 7, unless the context otherwise
Page 4, Line 1requires:
Page 4, Line 2(1) "Observer" means a person that assists the person
Page 4, Line 3manipulating the flight controls of an unmanned aircraft to
Page 4, Line 4maintain visual line of sight with the unmanned aircraft or in
Page 4, Line 5avoiding other air traffic, persons, or objects within the
Page 4, Line 6unmanned aircraft's area of operation.
Page 4, Line 7(2) (a) "Political subdivision" means a political subdivision
Page 4, Line 8of this state that has authority to set binding policy on people
Page 4, Line 9within the subdivision's jurisdiction and to enforce the policy by
Page 4, Line 10imposing penalties for failing to comply with the duties imposed
Page 4, Line 11by the policy.
Page 4, Line 12(b) "Political subdivision" includes the governing body of
Page 4, Line 13the political subdivision, an agency of the political subdivision,
Page 4, Line 14or an agent of the political subdivision.
Page 4, Line 15(3) "Unmanned aircraft" means an aircraft that is
Page 4, Line 16operated without the possibility of direct human intervention
Page 4, Line 17riding on the aircraft or from within the aircraft.
Page 4, Line 18(4) "Unmanned aircraft system" means an unmanned
Page 4, Line 19aircraft and associated elements, including communication
Page 4, Line 20links and the components that control the unmanned aircraft,
Page 4, Line 21that are required for the pilot in command to operate safely
Page 4, Line 22and efficiently in the national airspace system.
Page 4, Line 2341-7-103. Federal authority over airspace.
Page 4, Line 24This article 7 does not preempt or affect the exclusive
Page 4, Line 25sovereignty of airspace of the United States as set forth in 49
Page 4, Line 26U.S.C. sec. 40103 and any other relevant federal law. A court,
Page 4, Line 27state agency, or political subdivision shall not interpret or
Page 5, Line 1apply this article 7 in a manner that contradicts the exclusive
Page 5, Line 2authority of the United States government to regulate the
Page 5, Line 3operation of unmanned aircraft and unmanned aircraft systems
Page 5, Line 4in the airspace of the United States.
Page 5, Line 541-7-104. Individual and commercial rights.
Page 5, Line 6(1) An individual may operate an unmanned aircraft
Page 5, Line 7system for recreational purposes within this state if the
Page 5, Line 8unmanned aircraft is operated in compliance with state law and
Page 5, Line 9federal law.
Page 5, Line 10(2) A person may operate an unmanned aircraft system for
Page 5, Line 11commercial purposes within this state if:
Page 5, Line 12(a) The person is doing business lawfully within this state;
Page 5, Line 13and
Page 5, Line 14(b) The unmanned aircraft system is operated or used in
Page 5, Line 15compliance with state law and federal law.
Page 5, Line 16(3) The state or a political subdivision of the state shall
Page 5, Line 17not require the owner of an unmanned aircraft or unmanned
Page 5, Line 18aircraft system to register an unmanned aircraft or unmanned
Page 5, Line 19aircraft system beyond what may be required by the regulation
Page 5, Line 20of the federal aviation administration.
Page 5, Line 21(4) The operation of an unmanned aircraft system in
Page 5, Line 22compliance with federal law in airspace over this state does not,
Page 5, Line 23standing alone, give rise to legal liability under the laws of this
Page 5, Line 24state or a political subdivision of the state.
Page 5, Line 2541-7-105. Regulatory authority of state agencies.
Page 5, Line 26(1) The state, if acting through a duly adopted and
Page 5, Line 27enforceable statute, rule, order, or contract, may:
Page 6, Line 1(a) Provide for the operation of an unmanned aircraft
Page 6, Line 2system:
Page 6, Line 3(I) By or on behalf of the state; or
Page 6, Line 4(II) That is owned by the state; or
Page 6, Line 5(b) Provide for or prohibit:
Page 6, Line 6(I) The launch of an unmanned aircraft from property
Page 6, Line 7owned by the state;
Page 6, Line 8(II) The intentional landing of an unmanned aircraft onto
Page 6, Line 9property owned by the state; or
Page 6, Line 10(III) The presence of a pilot actively in command of an
Page 6, Line 11unmanned aircraft system on property owned by the state.
Page 6, Line 1241-7-106. Regulatory authority of political subdivisions.
Page 6, Line 13(1) Except as otherwise provided in this section, a political
Page 6, Line 14subdivision shall not enact or enforce a resolution or
Page 6, Line 15ordinance that governs the following for an unmanned aircraft
Page 6, Line 16system:
Page 6, Line 17(a) Ownership; operation, including airspace, altitude, or
Page 6, Line 18flight paths; design; manufacture; testing; maintenance;
Page 6, Line 19licensing; registration; certification; or equipment
Page 6, Line 20requirements; or
Page 6, Line 21(b) Qualifications, training, or certification of a pilot,
Page 6, Line 22operator, or observer.
Page 6, Line 23(2) This section does not limit the authority of a political
Page 6, Line 24subdivision to:
Page 6, Line 25(a) Adopt or enforce a resolution, ordinance, or contract
Page 6, Line 26that governs the operation of an unmanned aircraft system:
Page 6, Line 27(I) By or on behalf of the political subdivision; or
Page 7, Line 1(II) That is owned by the political subdivision;
Page 7, Line 2(b) Adopt or enforce a generally applicable resolution or
Page 7, Line 3ordinance that relates to illegal acts if the resolution or
Page 7, Line 4ordinance does not specifically govern the use of an unmanned
Page 7, Line 5aircraft system for those illegal acts, notwithstanding the
Page 7, Line 6resolution or ordinance may apply to the use of unmanned
Page 7, Line 7aircraft systems; or
Page 7, Line 8(c) Adopt or enforce a resolution, ordinance, or contract
Page 7, Line 9that regulates:
Page 7, Line 10(I) The launch of an unmanned aircraft from property
Page 7, Line 11owned by the political subdivision;
Page 7, Line 12(II) The intentional landing of an unmanned aircraft onto
Page 7, Line 13property owned by the political subdivision; or
Page 7, Line 14(III) The presence of a pilot actively in command of an
Page 7, Line 15unmanned aircraft system on property owned by the political
Page 7, Line 16subdivision.
Page 7, Line 17(3) A resolution or ordinance that violates this section,
Page 7, Line 18whether enacted or adopted by a political subdivision before or
Page 7, Line 19after the effective date of this article 7, is void.
Page 7, Line 2041-7-107. Applicability and other law.
Page 7, Line 21(1) This article 7 does not prohibit:
Page 7, Line 22(a) The takeoff or landing of an unmanned aircraft as
Page 7, Line 23deemed reasonable or necessary by private or public persons for
Page 7, Line 24bona fide emergency or maintenance support functions or
Page 7, Line 25services, including the protection and maintenance of public or
Page 7, Line 26private critical infrastructure;
Page 7, Line 27(b) In compliance with federal aviation administration
Page 8, Line 1regulations, the landing of an unmanned aircraft as deemed
Page 8, Line 2reasonable or necessary by the operator in the event of a
Page 8, Line 3technical malfunction of an unmanned aircraft system;
Page 8, Line 4(c) The takeoff or landing of an unmanned aircraft being
Page 8, Line 5operated by a peace officer in the performance of the officer's
Page 8, Line 6duties; or
Page 8, Line 7(d) The takeoff or landing of an unmanned aircraft owned
Page 8, Line 8or operated by the United States government, or an operator
Page 8, Line 9under contract with an agency of the United States
Page 8, Line 10government, in performance of the operator's assigned duties.
Page 8, Line 11(2) This article 7 does not permit state or political
Page 8, Line 12subdivision regulation of unmanned aircraft operations in
Page 8, Line 13navigable airspace over land owned by the state or a political
Page 8, Line 14subdivision of the state.
Page 8, Line 15SECTION 3. Act subject to petition - effective date -
Page 8, Line 16applicability. (1) This act takes effect at 12:01 a.m. on the day following
Page 8, Line 17the expiration of the ninety-day period after final adjournment of the
Page 8, Line 18general assembly (August 12, 2026, if adjournment sine die is on May 13,
Page 8, Line 192026); except that, if a referendum petition is filed pursuant to section 1
Page 8, Line 20(3) of article V of the state constitution against this act or an item, section,
Page 8, Line 21or part of this act within such period, then the act, item, section, or part
Page 8, Line 22will not take effect unless approved by the people at the general election
Page 8, Line 23to be held in November 2026 and, in such case, will take effect on the
Page 8, Line 24date of the official declaration of the vote thereon by the governor.
Page 8, Line 25(2) This act applies to:
Page 8, Line 26(a) Acts committed on or after the applicable effective date of this
Page 8, Line 27act; or
Page 9, Line 1(b) Ordinances, resolutions, and rules existing on or after the
Page 9, Line 2applicable effective date of this act.