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Second Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 26-0513.01 Jery Payne x2157 SENATE BILL 26-024
Senate Committees House Committees
Local Government & Housing
A BILL FOR AN ACT
CONCERNING UNMANNED AIRCRAFT SYSTEMS.101
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
SENATE SPONSORSHIP
Liston and Michaelson Jenet,
HOUSE SPONSORSHIP
Soper,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law.
federal law;
! Prohibits the state or a politi cal subdivi sion 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.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. Legislative declaration. (1) The general assembly2
finds that:3
(a) The commercial use of unmanned aerial systems, referred to4
in this section as "drones", in operations, including agriculture,5
infrastructure, inspection, aerial surveying, news gathering, and disaster6
relief, is already prevalent in the state and increasing;7
(b) This use of commercial drones is expected to grow even8
further as the federal government finalized beyond visual line of sight9
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regulations;1
(c) The federal government, through the federal aviation2
administration, has the exclusive authority to regulate aviation safety and3
use of airspace by aircraft, including drones, in the navigable airspace of4
the United States and its regulations preempt state and local regulation of5
those fields;6
(d) The state and local governments of the state would benefit7
from clarity concerning elements of drone use they can regulate;8
(e) The expanding nature of commercial drone use places it9
beyond the confines of local jurisdiction regulation;10
(f) The avoidance of a patchwork of differing requirements is11
required to prevent the hindrance of the development, introduction, or12
deployment of drones or new drone technology in the state and the13
inherent economic and social benefits arising from their use; and14
(g) A drone operator may be in one local jurisdiction while the15
drone is flying in another jurisdiction.16
(2) Therefore, the general assembly declares that non-airspace17
regulation of drones is a matter of statewide concern.18
SECTION 2. In Colorado Revised Statutes, add article 7 to title19
41 as follows:20
ARTICLE 721
Unmanned Aircraft Systems Rights and Authorities Act22
41-7-101. Short title.23
THE SHORT TITLE OF THIS ARTICLE 7 IS THE "UNMANNED AIRCRAFT24
SYSTEMS RIGHTS AND AUTHORITIES ACT".25
41-7-102. Definitions.26
AS USED IN THIS ARTICLE 7, UNLESS THE CONTEXT OTHERWISE27
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REQUIRES: 1
(1) "O BSERVER" MEANS A PERSON THAT ASSISTS THE PERSON2
MANIPULATING THE FLIGHT CONTROLS OF AN UNMANNED AIRCRAFT TO3
MAINTAIN VISUAL LINE OF SIGHT WITH THE UNMANNED AIRCRAFT OR IN4
AVOIDING OTHER AIR TRAFFIC , PERSONS , OR OBJECTS WITHIN THE5
UNMANNED AIRCRAFT'S AREA OF OPERATION.6
(2) (a) "POLITICAL SUBDIVISION" MEANS A POLITICAL SUBDIVISION7
OF THIS STATE THAT HAS AUTHORITY TO SET BINDING POLICY ON PEOPLE8
WITHIN THE SUBDIVISION'S JURISDICTION AND TO ENFORCE THE POLICY BY9
IMPOSING PENALTIES FOR FAILING TO COMPLY WITH THE DUTIES IMPOSED10
BY THE POLICY.11
(b) "POLITICAL SUBDIVISION" INCLUDES THE GOVERNING BODY OF12
THE POLITICAL SUBDIVISION, AN AGENCY OF THE POLITICAL SUBDIVISION,13
OR AN AGENT OF THE POLITICAL SUBDIVISION.14
(3) "U NMANNED AIRCRAFT " MEANS AN AIRCRAFT THAT IS15
OPERATED WITHOUT THE POSSIBILITY OF DIRECT HUMAN INTERVENTION16
RIDING ON THE AIRCRAFT OR FROM WITHIN THE AIRCRAFT.17
(4) "U NMANNED AIRCRAFT SYSTEM " MEANS AN UNMANNED18
AIRCRAFT AND ASSOCIATED ELEMENTS , INCLUDING COMMUNICATION19
LINKS AND THE COMPONENTS THAT CONTROL THE UNMANNED AIRCRAFT,20
THAT ARE REQUIRED FOR THE PILOT IN COMMAND TO OPERATE SAFELY21
AND EFFICIENTLY IN THE NATIONAL AIRSPACE SYSTEM.22
41-7-103. Federal authority over airspace.23
THIS ARTICLE 7 DOES NOT PREEMPT OR AFFECT THE EXCLUSIVE24
SOVEREIGNTY OF AIRSPACE OF THE UNITED STATES AS SET FORTH IN 4925
U.S.C. SEC. 40103 AND ANY OTHER RELEVANT FEDERAL LAW. A COURT,26
STATE AGENCY , OR POLITICAL SUBDIVISION SHALL NOT INTERPRET OR27
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APPLY THIS ARTICLE 7 IN A MANNER THAT CONTRADICTS THE EXCLUSIVE1
AUTHORITY OF THE UNITED STATES GOVERNMENT TO REGULATE THE2
OPERATION OF UNMANNED AIRCRAFT AND UNMANNED AIRCRAFT SYSTEMS3
IN THE AIRSPACE OF THE UNITED STATES.4
41-7-104. Individual and commercial rights.5
(1) A N INDIVIDUAL MAY OPER ATE AN UNMANNED AIRCRAFT6
SYSTEM FOR RECREATIONAL PURPOSES WITHIN THIS STATE IF THE7
UNMANNED AIRCRAFT IS OPERATED IN COMPLIANCE WITH STATE LAW AND8
FEDERAL LAW.9
(2) A PERSON MAY OPERATE AN UNMANNED AIRCRAFT SYSTEM FOR10
COMMERCIAL PURPOSES WITHIN THIS STATE IF:11
(a) THE PERSON IS DOING BUSINESS LAWFULLY WITHIN THIS STATE;12
AND13
(b) THE UNMANNED AIRCRAFT SYSTEM IS OPERATED OR USED IN14
COMPLIANCE WITH STATE LAW AND FEDERAL LAW.15
(3) THE STATE OR A POLITICAL SUBDIVISION OF THE STATE SHALL16
NOT REQUIRE THE OWNER OF AN UNMANNED AIRCRAFT OR UNMANNED17
AIRCRAFT SYSTEM TO REGISTER AN UNMANNED AIRCRAFT OR UNMANNED18
AIRCRAFT SYSTEM BEYOND WHAT MAY BE REQUIRED BY THE REGULATION19
OF THE FEDERAL AVIATION ADMINISTRATION.20
(4) T HE OPERATION OF AN UNMANNED AIRCRAFT SYSTEM IN21
COMPLIANCE WITH FEDERAL LAW IN AIRSPACE OVER THIS STATE DOES NOT,22
STANDING ALONE, GIVE RISE TO LEGAL LIABILITY UNDER THE LAWS OF THIS23
STATE OR A POLITICAL SUBDIVISION OF THE STATE.24
41-7-105. Regulatory authority of state agencies.25
(1) T HE STATE , IF ACTING THROUGH A DULY ADOPTED AND26
ENFORCEABLE STATUTE, RULE, ORDER, OR CONTRACT, MAY:27
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(a) P ROVIDE FOR THE OPERAT ION OF AN UNMANNED AIRCRAFT1
SYSTEM:2
(I) BY OR ON BEHALF OF THE STATE; OR3
(II) THAT IS OWNED BY THE STATE; OR4
(b) PROVIDE FOR OR PROHIBIT:5
(I) T HE LAUNCH OF AN UNM ANNED AI RCRAFT FROM PROPERTY6
OWNED BY THE STATE;7
(II) THE INTENTIONAL LANDING OF AN UNMANNED AIRCRAFT ONTO8
PROPERTY OWNED BY THE STATE; OR9
(III) T HE PRESENCE OF A PILOT ACTIVELY IN COMMAND OF AN10
UNMANNED AIRCRAFT SYSTEM ON PROPERTY OWNED BY THE STATE.11
41-7-106. Regulatory authority of political subdivisions.12
(1) EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, A POLITICAL13
SUBDIVISION SHALL NOT ENACT OR ENFORCE A RESOLUTION OR14
ORDINANCE THAT GOVERNS THE FOLLOWING FOR AN UNMANNED AIRCRAFT15
SYSTEM:16
(a) OWNERSHIP; OPERATION, INCLUDING AIRSPACE, ALTITUDE, OR17
FLIGHT PATHS ; DESIGN ; MANUFACTURE ; TESTING ; MAINTENANCE ;18
LICENSING ; REGISTRATION ; CERTIFICATION ; OR EQUIPMENT19
REQUIREMENTS; OR20
(b) Q UALIFICATIONS, TRAINING, OR CERTIFICATION OF A PILOT ,21
OPERATOR, OR OBSERVER.22
(2) THIS SECTION DOES NOT LIMIT THE AUTHORITY OF A POLITICAL23
SUBDIVISION TO:24
(a) ADOPT OR ENFORCE A RESOLUTION, ORDINANCE, OR CONTRACT25
THAT GOVERNS THE OPERATION OF AN UNMANNED AIRCRAFT SYSTEM:26
(I) BY OR ON BEHALF OF THE POLITICAL SUBDIVISION; OR27
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(II) THAT IS OWNED BY THE POLITICAL SUBDIVISION;1
(b) ADOPT OR ENFORCE A GENERALLY APPLICABLE RESOLUTION OR2
ORDINANCE THAT RELATES TO ILLEGAL ACTS IF THE RESOLUTION OR3
ORDINANCE DOES NOT SPECIFICALLY GOVERN THE USE OF AN UNMANNED4
AIRCRAFT SYSTEM FOR THOSE ILLEGAL ACTS , NOTWITHSTANDING THE5
RESOLUTION OR ORDINANCE MAY APPLY TO THE USE OF UNMANNED6
AIRCRAFT SYSTEMS; OR7
(c) ADOPT OR ENFORCE A RESOLUTION, ORDINANCE, OR CONTRACT8
THAT REGULATES:9
(I) T HE LAUNCH OF AN UNMANNED AIRCRAFT FROM PROPERTY10
OWNED BY THE POLITICAL SUBDIVISION;11
(II) THE INTENTIONAL LANDING OF AN UNMANNED AIRCRAFT ONTO12
PROPERTY OWNED BY THE POLITICAL SUBDIVISION; OR13
(III) T HE PRESENCE OF A PILOT ACTIVELY IN COMMAND OF AN14
UNMANNED AIRCRAFT SYSTEM ON PROPERTY OWNED BY THE POLITICAL15
SUBDIVISION.16
(3) A RESOLUTION OR ORDINANCE THAT VIOLATES THIS SECTION,17
WHETHER ENACTED OR ADOPTED BY A POLITICAL SUBDIVISION BEFORE OR18
AFTER THE EFFECTIVE DATE OF THIS ARTICLE 7, IS VOID.19
41-7-107. Applicability and other law.20
(1) THIS ARTICLE 7 DOES NOT PROHIBIT:21
(a) T HE TAKEOFF OR LANDING OF AN UNMANNED AIRCRAFT AS22
DEEMED REASONABLE OR NECESSARY BY PRIVATE OR PUBLIC PERSONS FOR23
BONA FIDE EMERGENCY OR MAINTENANCE SUPPORT FUNCTIONS OR24
SERVICES, INCLUDING THE PROTECTION AND MAINTENANCE OF PUBLIC OR25
PRIVATE CRITICAL INFRASTRUCTURE;26
(b) I N COMPLIANCE WITH FEDERAL AVIATION ADMINISTRATION27
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REGULATIONS, THE LANDING OF AN UNMANNED AIRCRAFT AS DEEMED1
REASONABLE OR NECESSARY BY THE OPERATOR IN THE EVENT OF A2
TECHNICAL MALFUNCTION OF AN UNMANNED AIRCRAFT SYSTEM;3
(c) THE TAKEOFF OR LANDING OF AN UNMANNED AIRCRAFT BEING4
OPERATED BY A PEACE OFFICER IN THE PERFORMANCE OF THE OFFICER 'S5
DUTIES; OR6
(d) THE TAKEOFF OR LANDING OF AN UNMANNED AIRCRAFT OWNED7
OR OPERATED BY THE UNITED STATES GOVERNMENT, OR AN OPERATOR8
UNDER CONTRACT WITH AN AGENCY OF THE UNITED STATES9
GOVERNMENT, IN PERFORMANCE OF THE OPERATOR'S ASSIGNED DUTIES.10
(2) T HIS ARTICLE 7 DOES NOT PERMIT STATE OR POLITICAL11
SUBDIVISION REGULATION OF UNMANNED AIRCRAFT OPERATIONS IN12
NAVIGABLE AIRSPACE OVER LAND OWNED BY THE STATE OR A POLITICAL13
SUBDIVISION OF THE STATE.14
SECTION 3. Act subject to petition - effective date -15
applicability. (1) This act takes effect at 12:01 a.m. on the day following16
the expiration of the ninety-day period after final adjournment of the17
general assembly (August 12, 2026, if adjournment sine die is on May 13,18
2026); except that, if a referendum petition is filed pursuant to section 119
(3) of article V of the state constitution against this act or an item, section,20
or part of this act within such period, then the act, item, section, or part21
will not take effect unless approved by the people at the general election22
to be held in November 2026 and, in such case, will take effect on the23
date of the official declaration of the vote thereon by the governor.24
(2) This act applies to:25
(a) Acts committed on or after the applicable effective date of this26
act; or27
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(b) Ordinances, resolutions, and rules existing on or after the1
applicable effective date of this act.2
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