For the 2023 legislative session, Montana introduced four measures related to drones, two of which were signed into law. These measures focused on the misuse of drones, from trespassing, to hunting, to interfering with emergency services. 

Legislation   

Unsatisfactory

• Senate Bill 333 – This measure makes it criminal trespass by a UAV if the person knowingly causes the UAV to fly 200 feet or lower over the property or residence of another person without permission. It died in the second chamber. The measure is at odds with federal law, attempting to regulate the airspace, which is the jurisdiction of the FAA, and would create a patchwork of regulations that would erode airspace safety.  

• House Bill 680 – This measure prohibits the operation of a UAV over a correctional institution without authorization. When first introduced, it prohibited the operation of a UAV over or within a two-mile radius of a correctional institution and was amended to be less severe. This measure died in the second chamber. This measure is overly restrictive, seeking to create a large no-fly zone with the two-mile restriction, and is burdensome for operators.  

Satisfactory

• Senate Bill 84 – This measure expands the prohibition on the harassment of game animals with a vehicle or device to aircraft, which includes UAV’s. This measure was signed by the Governor and is law. This measure is technology neutral, applying current state law and not singling out UAV’s.  

• Senate Bill 219 – This measure makes the interruption of aerial wildfire suppression activities by any means, including by UAV’s, a misdemeanor and provides a fine for violation. This measure has been signed by the Governor and is law. 

Willingness to Engage: Satisfactory  

Montana showed a consistent willingness to engage throughout the session. As concerns were raised by stakeholders and industry, the measures were amended to take the issues into account and attempt to come to consensus language. As it became clear that the language would continue to face opposition as concerns lied with the underlying concepts, the legislature voted not to continue consideration and let them die as the session adjourned.  

Openness to Industry: Satisfactory 

As the measures progressed through the session, the Montana legislators were open to industry input. Multiple organizations, including AUVSI, testified in opposition to SB 333 and HB 680, and AUVSI initiated contact with the Sponsors. The sponsors were engaged and open to feedback, seeking out where exactly industry concerns lay, how the measures were at odds with federal law, and expressing interest in potential amendments that would address the concerns raised. In this engagement, the legislature proved its desire for smart and industry supported policy.  

Overall: Satisfactory  

While the measures introduced were not particularly favorable, and some were actively harmful to industry, the Montana legislature showed a consistent and strong willingness to work with stakeholders. They remained open to input and concerns, adjusting where necessary, and ending consideration when it was clear consensus language could not be met. Additionally, the two measures that did pass were relatively technology neutral, applying to all aircraft or vehicles, and not specific to drones.  

With a continued receptiveness towards industry, we are confident that Montana can enact good legislation and show industry why their State is the right choice to invest in.