A BILL TO BE ENTITLED
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.
The General Assembly of North Carolina enacts:
SECTION 1.  Section 7.16(e) of S.L. 2013‑360, as amended by Section 7.11(a) of S.L. 2014‑100, reads as rewritten:
"SECTION 7.16.(e)  Until December 31, 2015, the State CIO shall have the authority to approve or disapprove (i) the procurement or operation of an unmanned aircraft system by agents or agencies of the State or a political subdivision of the State and (ii) the disclosure of personal information about any person acquired through the operation of an unmanned aircraft system by agents or agencies of the State or a political subdivision of the State. When making a decision under this subsection, the State CIO may consult with the Division of Aviation of the Department of Transportation. The State CIO shall immediately report to the Joint Legislative Oversight Committee on Information Technology and the Fiscal Research Division on all decisions made under this subsection. Notwithstanding G.S. 63‑95(c), agents or agencies of the State or a political subdivision of the State that receive State CIO approval under this subsection may procure or operate an unmanned aircraft system prior to the implementation of the knowledge test required by G.S. 63‑95. In addition to receiving approval from the State CIO under this subsection, agents or agencies of the State or a political subdivision of the State who submit a request on or after the date of implementation of the knowledge test required by G.S. 63‑95 shall also be subject to the provisions of that section. The following definitions apply in this section:
(1)	"Unmanned aircraft" means an aircraft that is operated without the possibility of human intervention from within or on the aircraft.
(2)	"Unmanned aircraft system" means an unmanned aircraft and associated elements, including communication links and components that control the unmanned aircraft that are required for the pilot in command to operate safely and efficiently in the national airspace system."
SECTION 2.  Section 34.30(j) of S.L. 2014‑100 reads as rewritten:
"SECTION 34.30.(j)  Except as authorized under Section 7.16(e) of S.L. 2013‑360, as amended by Section 7.11(a) of S.L. 2014‑100, no operation of unmanned aircraft systems by agents or agencies of the State or a political subdivision of the State shall be authorized in this State until the knowledge test required by G.S. 63‑95, as enacted in subsection (g) of this section, has been implemented.
No operation of unmanned aircraft systems for commercial purposes shall be authorized in this State until the FAA has authorized commercial operations and the licensing system required by G.S. 63‑96, as enacted in subsection (g) of this section, has been implemented."
SECTION 3.  G.S. 63‑95(b) reads as rewritten:
"(b)	The Division shall develop a knowledge test for operating an unmanned aircraft system that complies with all applicable State and federal regulations and shall provide for administration of the test. The test shall ensure that the operator of an unmanned aircraft system is knowledgeable of the State statutes and regulations regarding the operation of unmanned aircraft systems. The Division may permit a person, including an agency of this State, an agency of a political subdivision of this State, an employer, or a private training facility, to administer the test developed pursuant to this subsection, provided the test is the same as that administered by the Division and complies with all applicable State and federal regulations."
SECTION 4.  G.S. 63‑96 reads as rewritten:
"§ 63‑96.  Permit required for commercial operation of unmanned aircraft systems.
(a)	No person shall operate an unmanned aircraft system, as defined in G.S. 15A‑300.1, in this State for commercial purposes unless the person is in possession of a permit issued by the Division valid for the unmanned aircraft system being operated. Application for such permit shall be made in the manner provided by the Division. Unless suspended or revoked, the permit shall be effective for a period to be established by the Division not exceeding eight years.
(b)	No person shall be issued a permit under this section unless all of the following apply:
(1)	The person is at least 17 years of age.
(2)	The person possesses a valid drivers license issued by any state or territory of the United States or the District of Columbia.
(3)	The person has passed the knowledge test for operating an unmanned aircraft system as prescribed in G.S. 63‑95(b).
(4)	The person has satisfied all other applicable requirements of this Article or federal regulation.
(c)	A permit to operate an unmanned aircraft system for commercial purposes shall not be issued to a person while the person's license or permit to operate an unmanned aircraft system is suspended, revoked, or cancelled in any state.
(d)	The Division shall develop and administer a program that complies with all applicable federal regulations to issue permits to operators of unmanned aircraft systems for commercial purposes. The program must include the following components:
(1)	A system for classifying unmanned aircraft systems based on characteristics determined to be appropriate by the Division.
(2)	A fee structure for permits.
(3)	A permit application process.
(4)	Technical guidance for complying with program requirements.
(5)	Criteria under which the Division may suspend or revoke a permit.
(6)	Criteria under which the Division may waive permitting requirements for applicants currently holding a valid license or permit to operate unmanned aircraft systems issued by another state or territory of the United States, the District of Columbia, or the United States.
(7)	A designation of the geographic area within which a permittee shall be authorized to operate an unmanned aircraft system.
(8)	Requirements pertaining to the collection, use, and retention of data by permitees obtained through the operation of unmanned aircraft systems, to be established in consultation with the State Chief Information Officer.
(9)	Requirements for the marking of each unmanned aircraft system operated pursuant to a permit issued under this section sufficient to allow identification of the owner of the system and the person issued a permit to operate it.
(10)	A system for providing agencies that conduct other operations within regulated airspace with the identity and contact information of permittees and the geographic areas within which the permittee is authorized to operate an unmanned aircraft system.
(e)	A person who operates an unmanned aircraft system for commercial purposes other than as authorized under this section shall be guilty of a Class 1 misdemeanor.
(f)	The Division may issue rules and regulations to implement the provisions of this section."
SECTION 5.  Prior to the implementation of the knowledge test and permitting process required by G.S. 63‑96, any person authorized by the FAA for commercial operation of an unmanned aircraft system in this State shall not be in violation of that statute, provided that they make 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.
SECTION 6.  This act is effective when it becomes law.