Reps. T. MOORE and WOOTEN propose the following amendment (LC-4679.DG0002H):

Amend the bill, as and if amended, SECTION 3, by striking Section 55-1-110(A)(2) and (3) and inserting:

 (2) "commercial drone operator" means any person using operating, landing, or taking off a drone for business purposes in compliance with FAA regulations including, but not limited to 14 CFR Part 107, or any successor statute or regulation;
 (3) "recreational drone operator" means any individual flying person operating, landing, or taking off a drone for personal use in accordance with FAA regulations and recreational guidelines including, but not limited to, 49 USC Section 44809 or any successor statute or regulation;

Amend the bill further, SECTION 3, by striking Section 55-1-110(A)(5) and inserting:

 (5) "controlled airspace" refers to areas where drone operations are prohibited or require prior authorization, including FAA-designated USA UAS flight restricted areas and certain state-designated locations;

Amend the bill further, SECTION 3, by striking Section 55-1-110(A)(11) and (12) and inserting:

 (11) "land" means to intentionally cause or direct an unmanned aircraft or drone to descend from flight to ground or surface contact, whether directly or through an automated or pre-programmed system; and
 (12) "weaponize" means to equip, modify, or configure an unmanned aircraft system with any explosive, destructive device, firearm, hazardous substance, or any other item designed to cause and capable of causing death, bodily injury, or property damage.; and
 (13) "emergency response site" means a location at which law enforcement, fire, emergency medical, emergency management, or other authorized governmental personnel are actively responding to an emergency, disaster, or public safety incident, including a fire, traffic accident, crime scene, hazardous-materials incident, flood, tornado, hurricane, ice storm, or other declared or actual weather-related emergency. The term also includes a location at which such personnel are conducting an authorized training exercise simulating such an event; and
 (14) "correctional facility" or "detention facility" means any federal, state, county, municipal, or multijurisdictional jail, prison, prison camp, overnight lockup, local detention facility, or state correctional facility in this State that is used to confine or detain persons charged with or convicted of any criminal offense or violation of a court order.

Amend the bill further, SECTION 3, by striking Section 55-1-110(B) and inserting:

 (B) All drone operators in the State must comply with applicable FAA regulations and other applicable federal aviation requirements including, but not limited to:
  (1) registering drones when required;
  (2) operating under proper FAA UAS regulations;
  (3) passing the FAA Recreational UAS Safety Test (TRUST) for hobbyist operations when required; and
  (4) adhering to airspace restrictions including temporary flight restrictions and other flight restrictions issued by FAA action and obtaining necessary FAA authorizations for or other approvals before operations in controlled airspace, prohibited or restricted areas, or areas subject to temporary flight restrictions, and complying with the terms and limitations of any applicable Certificate of Waiver or Authorization, certificate of waiver, exemption, or other FAA authorization.

Amend the bill further, SECTION 3, by striking Section 55-1-110(C)(1)(c) and inserting:

   (c) directly above or within one thousand five hundred feet horizontally from the outermost boundary of property the person knows to be a federal, State, or county, or municipal correctional facility, unless expressly authorized or consented to in writing by the South Carolina Department of Corrections or governing authority of the federal, or county, or municipal facility;

Amend the bill further, SECTION 3, by striking Section 55-1-110(C)(1)(iii) and inserting:

   (iii) creates a substantial risk of bodily injury or property damage; or

Amend the bill further, SECTION 3, by striking Section 55-1-110(C)(1)(f) and inserting:

  (f) directly above any event the person knows to be a large live event without the prior express written consent of the event organizer.;
   (g) directly above or within one thousand feet horizontally from the outermost boundary of an area the person knows to be an emergency response site without prior express written consent of the controlling agency for the emergency response site, if the emergency response site is clearly marked or otherwise has an identifiable boundary of operations.
   (h) over or within one hundred feet of the Capitol Grounds as defined in Section 10-11-310 unless expressly authorized by the South Carolina Department of Public Safety; or
   (i) over the Governor's Mansion Complex unless expressly authorized by the South Carolina Department of Public Safety or the Governor. As used in this subsection, "Governor's Mansion Complex" means the area inward from the vehicular traveled surfaces of Calhoun, Lincoln, Laurel, and Gadsden streets in the City of Columbia.

Amend the bill further, SECTION 3, by striking Section 55-1-110(C)(3)(a) and inserting:

   (a) conduct surveillance, record, or photograph another person in a location where he has a reasonable expectation of privacy without consent and without any lawful authority, warrant, court order, or other authorization provided by law; or

Amend the bill further, SECTION 3, by striking Section 55-1-110(C)(4)(b) and inserting:

   (b) surveil, photograph, or map, monitor, or otherwise collect visual, photographic, video, geospatial, thermal, or other sensory information regarding critical infrastructure, a military installation, a correctional or detention facility, an emergency response site, or any large event for the purposes of identifying vulnerabilities, security measures, ingress or egress routes, response patterns, or other operational features or for any other unlawful purposes, including facilitating, planning, committing or attempting espionage, terrorism, or sabotage, unlawful interference with operations, or any other criminal act; or

Amend the bill further, SECTION 3, by striking Section 55-1-110(F) and inserting:

 (F)(1) The provisions of this section do not apply to:
  (1)(a) law enforcement, emergency responders, military personnel, or employees of any state, county, municipal, or local agency or department acting within the scope of their employment or official duties;
  (2)(b) any utility provider, or their authorized agents engaged in activities related to operations, inspection, maintenance, construction, vegetation management, damage assessment, emergency storm response, or restoration of services, or monitoring, maintaining, repairing, or enhancing electric, communications, water conveyance, or transportation infrastructure, provided those operations comply with applicable FAA regulations; provided that the utility provider or their authorized agent notifies the authorizing authority identified in subsection (C)(1), or the authority's designee, no more than five days and no less than two hours prior to each operation, and must include the registration number the FAA issued for the UAS; or
  (3) FAA-authorized commercial drone operations conducted in compliance with federal law; or
  (4)(c) State-approved research and agricultural drone operations with appropriate permits.
 (2) Subsection (C)(1)(b) does not apply to a commercial or recreational drone operator operating, landing, or taking off in compliance with applicable federal law. This exemption does not authorize such persons to operate, land, or take off a drone directly above critical infrastructure unless the operation is conducted with the prior express written consent of the owner of the critical infrastructure, or the person or entity lawfully in control of the critical infrastructure, and does not apply if the operation is undertaken with the intent described in subsection (C)(4)(b).

Renumber sections to conform.

Amend title to conform.