Bill Text: MS HB1383 | 2022 | Regular Session | Introduced
Bill Title: Small unmanned aircraft; require retailer to register certain information with the Department of Public Safety.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2022-02-01 - Died In Committee [HB1383 Detail]
Download: Mississippi-2022-HB1383-Introduced.html
MISSISSIPPI LEGISLATURE
2022 Regular Session
To: Ports, Harbors and Airports; Judiciary B
By: Representative Arnold
House Bill 1383
AN ACT TO PROHIBIT AN INDIVIDUAL FROM OPERATING A SMALL UNMANNED AIRCRAFT UNLESS THE AIRCRAFT HAS BEEN REGISTERED WITH THE CRIMINAL INFORMATION CENTER OF THE DEPARTMENT OF PUBLIC SAFETY; TO REQUIRE A RETAILER WHO SELLS A SMALL UNMANNED AIRCRAFT TO REGISTER THE AIRCRAFT WITH THE CRIMINAL INFORMATION CENTER OF THE DEPARTMENT OF PUBLIC SAFETY BEFORE THE PURCHASE TRANSACTION IS COMPLETE; TO PROVIDE CERTAIN REGISTRATION AND IDENTIFICATION REQUIREMENTS FOR UNMANNED AIRCRAFTS AND UNMANNED AIRCRAFT SYSTEMS; TO PROVIDE THAT THE LICENSE OF A RETAILER WHO FAILS TO REGISTER A SMALL UNMANNED AIRCRAFT WITH THE CRIMINAL INFORMATION CENTER OF THE DEPARTMENT OF PUBLIC SAFETY UPON PURCHASE OF THE AIRCRAFT SHALL BE REVOKED; TO AMEND SECTION 97-47-9, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT ANY PERSON WHO IS CONVICTED OF DELIVERING OR ATTEMPTING TO DELIVER CONTRABAND IN THE FORM OF ANY CONTROLLED SUBSTANCE OR OTHER ILLEGAL DRUGS USING AN UNMANNED AIRCRAFT SYSTEM TO A CORRECTIONAL FACILITY PROPERTY OR ADJACENT PROPERTY SHALL BE SENTENCED TO AN ADDITIONAL TERM OF IMPRISONMENT IN THE CUSTODY OF THE DEPARTMENT OF CORRECTIONS FOR FIVE YEARS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) No individual may operate a small unmanned aircraft unless the aircraft has been registered with the Criminal Information Center of the Department of Public Safety.
(2) A retailer who sells a small unmanned aircraft to a purchaser shall register the aircraft with the Criminal Information Center of the Department of Public Safety before the purchase transaction is complete.
(3) To register a small unmanned aircraft, the retailer shall provide the purchaser's information as required by Section 2 of this act to the department in a manner as prescribed by the department. Upon submission of this information, the department shall issue a Certificate of Aircraft Registration to the purchaser.
(4) For purposes of this act, "purchaser" means a buyer in possession, a bailee, a lessee of a small unmanned aircraft under a contract of conditional sale, and the assignee of that person.
(5) A Certificate of Aircraft Registration issued under this section expires three (3) years after the date of issue, unless it is renewed.
(6) The holder of a Certificate of Aircraft Registration must renew the certificate by verifying, in a form and manner prescribed by the department, that the information provided in Section 2 of this act is accurate. If there has been a change in the information provided, the holder of the certificate shall provide updated information to the department.
(7) Each Certificate of Aircraft Registration issued by the department is effective, unless it has been revoked, canceled, expired, or the ownership is transferred, until one of the following events occurs:
(a) The small unmanned aircraft is totally destroyed; or
(b) Thirty (30) days have elapsed since the death of the holder of the Certificate of Aircraft Registration.
SECTION 2. (1) A retailer shall submit the following information to the Criminal Information Center of the Department of Public Safety for a Certificate of Aircraft Registration to be issued to a purchaser:
(a) Legal name of the purchaser, and, for a purchaser other than an individual, the name of the authorized representative applying for a Certificate of Aircraft Registration;
(b) Physical address of the purchaser, and, for a purchaser other than an individual, the physical address of the authorized representative. If the purchaser or authorized representative cannot receive mail at a physical address, then a mailing address must be provided;
(c) Email address of the purchaser, or, for a purchaser other than an individual, the email address of the authorized representative;
(d) Telephone number of the purchaser, and, for a purchaser other than an individual, the telephone number of the authorized representative;
(e) The aircraft manufacturer and model name;
(f) For any standard remote identification unmanned aircraft, the serial number issued by the manufacturer of the unmanned aircraft. The serial number provided in an application must not be listed on more than one Certificate of Aircraft Registration at the same time.
(g) For any unmanned aircraft equipped with a remote identification broadcast module, the serial number issued by the manufacturer of the remote identification broadcast module. A purchaser may submit the serial number of more than one remote identification broadcast module as part of the application for aircraft registration. The serial number of a remote identification broadcast module provided in the application must not be listed on more than one Certificate of Aircraft Registration at the same time; and
(h) Any other information as required by the department.
(2) The purchaser's information provided in this section must be submitted to the department through an Internet-based small unmanned aircraft registration system in a manner prescribed by the department. The department will issue a Certificate of Aircraft Registration to the purchaser upon completion of the application requirements provided in this section.
(3) The holder of a Certificate of Aircraft Registration must ensure that the information provided under this section remains accurate, and must update the information using the web-based small unmanned aircraft registration system within fourteen (14) calendar days of the following:
(a) A change in the information provided under this section; or
(b) When aircraft registration requires cancellation for any reason, including sale, transfer, destruction or export.
SECTION 3. The license of a retailer who fails to register a small unmanned aircraft with the Criminal Information Center of the Department of Public Safety upon purchase of the aircraft shall be revoked.
SECTION 4. Section 97-47-9, Mississippi Code of 1972, is amended as follows:
97-47-9. (1) Any person who is convicted under Section 97-47-5(a) shall be guilty of a misdemeanor, punishable up to one (1) year in prison or a fine not to exceed One Thousand Dollars ($1,000.00) for the first offense or both.
(2) Any person convicted under Section 97-47-5(b) shall be guilty of a felony, punishable by a term of no less than three (3) years and no more than fifteen (15) years in the State Penitentiary or a fine not to exceed Twenty-five Thousand Dollars ($25,000.00), or both.
(3) Except to the extent that a greater minimum sentence is otherwise provided by any other provision of law, any person who is convicted under Section 97-47-5(b) for delivering or
attempting to deliver contraband in the form of any controlled substances as defined in Section 41-29-105(f) or other illegal drugs, using an unmanned aircraft system, to a correctional facility property or adjacent property, shall, in addition to the punishment provided for in subsection (2) of this section, be sentenced to an additional term of imprisonment in the custody of the Department of Corrections for five (5) years, which sentence shall not be reduced or suspended.
SECTION 5. This act shall take effect and be in force from and after July 1, 2022.
