A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS SO AS TO ENACT THE "SOUTH CAROLINA DRONE REGULATION AND PUBLIC SAFETY ACT" BY ADDING SECTION 55-1-110 SO AS TO ESTABLISH GUIDELINES FOR DRONE OPERATIONS, AND PENALTIES FOR UNLAWFUL DRONE USE.

 

Be it enacted by the General Assembly of the State of South Carolina:

 

SECTION 1.  This act may be cited as the "South Carolina Drone Regulation and Public Safety Act."

 

SECTION 2.  The General Assembly finds that the increased use of unmanned aircraft systems (UAS), commonly known as drones, presents both opportunities and challenges. While drones provide significant benefits in commerce, emergency response, and public safety, their misuse poses risks to privacy, critical infrastructure, and law enforcement operations. This act establishes clear guidelines for drone operation in South Carolina, ensuring compliance with federal regulations while addressing state-specific concerns. It sets forth enforceable restrictions, enhances penalties for unlawful drone use, and empowers law enforcement to take appropriate action against violators.

 

SECTION 3.  Chapter 1, Title 55 of the S.C. Code is amended by adding:

 

    Section 55-1-110.  (A) For purposes of this section:

    (1) "unmanned aircraft system (UAS)" or "drone" refers to any aircraft operated remotely without a pilot onboard;

    (2) "commercial operator" means any person using a drone for business purposes in compliance with the Federal Aviation Administration (FAA) 14 CFR Part 107;

    (3) "recreational operator" means any individual flying a drone for personal use in accordance with FAA recreational guidelines;

    (4) "critical infrastructure" includes, but is not limited to, airports, power plants, water treatment facilities, correctional institutions, military bases, and emergency response sites; and

    (5) "restricted airspace" refers to areas where drone operations are prohibited or require prior authorization, including FAA-designated no-fly zones and certain state-designated locations.

    (B) All drone operators in the State must comply with applicable FAA regulations including but not limited to:

       (1) registering drones weighing over 0.55 pounds (two hundred fifty grams) with the FAA;

       (2) operating under FAA Part 107 regulations for commercial use;

       (3) passing the FAA Recreational UAS Safety Test (TRUST) for hobbyist operations; and

       (4) adhering to airspace restrictions and obtaining necessary FAA authorizations for operations in controlled airspace.

Nothing in this section shall supersede federal authority over airspace regulation.

    (C)(1) It is unlawful for a person to operate a drone:

           (a) within five miles of an airport without prior FAA authorization;

           (b) over or within one thousand feet of critical infrastructure without express written consent;

           (c) over or within fifteen hundred feet of any State or county correctional facility, unless expressly authorized by the South Carolina Department of Corrections or a county facility;

           (d) over or within fifteen hundred feet of any military installation without express written consent from the Department of Defense or the installation; or

           (e) over private property in a manner that invades privacy, harasses occupants, creates a nuisance, or presents an obvious safety hazard.

       (2) It is unlawful for a person to operate a drone in this State that is required to be registered with the FAA but has not been properly registered. This includes:

           (a) operating a drone weighing more than 0.55 pounds (two hundred fifty grams) without FAA registration;

           (b) failing to display the required FAA registration number on the drone;

           (c) providing false or misleading registration information to the FAA; and

           (d) knowingly operating an unregistered drone for commercial purposes or in controlled airspace without proper authorization.

       (3) It is unlawful to use a drone to:

           (a) conduct surveillance, record, or photograph an individual in a location where he has a reasonable expectation of privacy without consent; or

           (b) stalk, harass, or intimidate an individual.

       (4) It is unlawful for a person to knowingly use a drone to:

           (a) transport or attempt to deliver contraband, including but not limited to drugs, weapons, or other prohibited materials into any federal, state, county or municipal correctional facility, or restricted area;

           (b) surveil, photograph, or map critical infrastructure for unlawful purposes, including terrorism or sabotage; or

           (c) weaponize a drone or use it to threaten, harm, or attempt to harm another person.

       (5) It is unlawful for a person to:

           (a) obstruct, disable, or attempt to take control of a drone operated by law enforcement, emergency responders, or another public safety official in the course of their duties;

           (b) use electronic jamming, hacking, or other means to disrupt the operation of a public safety drone; or

           (c) physically damage or destroy a public safety drone engaged in lawful operations.

       (6) A person who violates subitems (1), (2), or (3) is guilty of a misdemeanor and, upon conviction:

           (a) for a first offense, must be fined not more than one thousand dollars, or imprisoned not more than thirty days;

           (b) for a second offense, must be fined not more than two thousand five hundred dollars, or imprisoned not more than six months, or both; or

           (c) for a third or subsequent offense, must be fined not more than five thousand dollars, or imprisoned not more than one year, or both.

       (7) A person who violates subitems (4) or (5) is guilty of a felony and, upon conviction:

           (a) for using a drone to deliver contraband into a correctional facility must be fined not more than ten thousand dollars, imprisoned not more than five years, or both;

           (b) for weaponizing a drone or using it to threaten harm upon another person, must be fined not more than twenty-five thousand dollars, imprisoned not more than ten years, or both;

           (c) for interference with public safety drones:

               (i) for a first offense, must be fined not more than ten thousand dollars, imprisoned not more than five years, or both;

               (ii) for a second or subsequent offense, must be fined not more than twenty-five thousand dollars, imprisoned not more than ten years, or both; or

               (iii) if the interference results in injury, loss of life, or significant disruption to emergency operations, must be fined not more than fifty thousand dollars, imprisoned not more than fifteen years, or both.

    (D) Law enforcement agencies are authorized to investigate, detain individuals, and confiscate drones used in violation of this section.

    (E) No municipality, county, or local government may enact ordinances that conflict with this section or FAA regulations. However, local governments may impose reasonable restrictions on the takeoff and landing of drones on public property within their jurisdictions.

    (F) This section does not apply to:

       (1) law enforcement, emergency responders, or military personnel acting within the scope of their official duties;

       (2) FAA-authorized commercial drone operations conducted in compliance with federal law; or

       (3) State-approved research and agricultural drone operations with appropriate permits.

 

SECTION 4.  This act takes effect upon approval by the Governor.

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