Senators GROOMS, HEMBREE, ADAMS, FERNANDEZ, and SUTTON propose the following amendment (SR-4679.CEM0002S):

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

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

SECTION 2. Chapter 1, Title 55 of the S.C. Code is amended by adding:

Article 3

Drone Regulation and Public Safety

 Section 55-1-200. For the purposes of this article:
 (1) "Unmanned aircraft system (UAS)" or "drone" refers to any aircraft, as defined by Federal Aviation Administration (FAA) regulations, or any unmanned aerial vehicle (UAV), operated remotely without a pilot onboard.
 (2) "Commercial drone operator" means any person 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 statue or regulation.
 (3) "Recreational drone operator" means any 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 statue or regulation.
 (4) "Controlled airspace" refers to areas where drone operations are prohibited or require prior authorization, including FAA-designated UAS flight-restricted areas and certain locations designated by the Aeronautics Commission.
 (5) "Military installation" means:
   (a) any state or federal military base, fort, camp, post, station, home port, depot, arsenal, training range, testing range, airfield, air station, shipyard, port facility, or other military facility of similar character, that:
    (i) is owned, operated, or otherwise controlled by the United States or this State;
    (ii) is used primarily for official military operations, training, testing, support, maintenance, or housing; and
    (iii) is subject to controlled access or security measures.
   (b) the term includes any facility described in subsection (5)(a) that is under the jurisdiction or control of the United States Department of Defense or a Secretary of a military department, and facilities under the control of the South Carolina National Guard, the Adjutant General, the South Carolina State Guard, or any other component of the state militia;
   (c) the term also includes any United States military vessel or ship, including United States Navy vessels and United States Coast Guard cutters, while operating, transiting, or in port within the territorial waters of this State;
   (d) the term does not include a state or federally owned, operated, or otherwise controlled publicly accessible facility that is primarily used for military recruitment, outreach, administrative services, or other activities conducted in a commercial storefront, kiosk, leased office space, or other similar location or facility, that is not restricted for military operations or training;
 (6) "Operate" or "operating a drone" means to manipulate or control a drone in flight, including managing its flight path, altitude, or automated flight functions, whether directly or through an automated or preprogrammed system.
 (7) "Take off and landing site" means the location from which a drone is launched into flight or to which it is intentionally returned and recovered, including any temporary or mobile launch point used during an operation.
 (8) "Take off" means to initiate or cause the ascent of an unmanned aircraft or drone from ground or surface contact into flight, whether directly or through an automated or preprogrammed system.
 (9) "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 preprogrammed system.
 (10) "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.
 (11) "Correctional facility" or "detention facility" means any federal, state, county, municipal, or multijurisdictional jail, prison, prison camp, overnight lockup, local detention facility, juvenile detention facility, or state correctional facility that is used to confine or detain persons charged with or convicted of any criminal offense or violation of a court order.

 Section 55-1-210. (A) A person operating a drone 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 applicable FAA UAS regulations;
  (3) successfully 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 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.
 (B) Nothing in this article shall supersede federal authority over airspace regulation.

 Section 55-1-220. (A) It is unlawful for a person to intentionally or knowingly operate, take off, or land a drone:
  (1) above or within any controlled airspace designated by the FAA unless the operation is conducted in compliance with all applicable FAA authorization requirements;
  (2) directly above or within one thousand five hundred feet horizontally from the outermost boundary of property the person knows to be a federal, state, county, or municipal correctional or detention facility, unless expressly authorized or consented to in writing by the South Carolina Department of Corrections or governing authority of the federal, county, or municipal facility; or
  (3) directly above or within one thousand five hundred feet horizontally from the outermost boundary of property the person knows to be a military installation without the prior express written consent of the Department of Defense or the commanding authority of the military installation;
 (B) It is unlawful for a person to intentionally or knowingly operate, take off, or land a drone that is required to be registered with the FAA but has not been properly registered; including operating a drone that is not in compliance with the requirements of Section 55-1-210(A), and:
  (1) failing to display the required FAA registration number on the drone, if required;
  (2) knowingly providing false or misleading registration information to the FAA; and
  (3) knowingly operating an unregistered drone for commercial purposes or in controlled airspace without proper authorization.
 (C) It is unlawful for a person to intentionally or knowingly operate, take off, land, or possess a drone with the intent to:
  (1) 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 or detention facility, or other area under the facility's authority;
  (2) surveil, photograph, map, monitor, or otherwise collect visual, photographic, video, geospatial, thermal, or other sensory information regarding a military installation, a correctional or detention facility, 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, sabotage, unlawful interference with operations., or any other criminal act; and
  (3) weaponize the drone or threaten, harm, or attempt to harm another person or property.
 (D) A person who violates subsection (A) or (B) is guilty of a misdemeanor and, upon conviction:
  (1) for a first offense, must be fined not more than one thousand dollars, or imprisoned not more than six months;
  (2) for a second offense, must be fined not more than two thousand five hundred dollars, or imprisoned not more than one year, or both; or
  (3) for a third or subsequent offense, must be fined not more than five thousand dollars, or imprisoned not more than two years, or both.
 (E)(1) A person who violates subsection (C)(1) or (C)(2) is guilty of a felony and, upon conviction must be fined not more than ten thousand dollars or imprisoned for not more than five years, or both.
  (2) A person who violates subsection (C)(3) is guilty of a felony and, upon conviction, must be fined not more than twenty-five thousand dollars or imprisoned for not more than ten years, or both.
 (F)(1) In addition to the penalties provided for in subsection (E), a UAS involved in a violation of this section may be seized and confiscated by the arresting law enforcement agency. The UAS must not be disposed of until the results of any legal proceeding in which it may be involved are finally determined, or as otherwise required pursuant to Article 3, Chapter 28, Title 17. Records must be maintained of all UASs seized pursuant to this section. Upon conviction for a violation of this section, the UAS may be retained by the arresting law enforcement agecny for official use, transferred to another public safety agency for official use, or destroyed, unless otherwise provided by law.
  (2) A UAS seized pursuant to this section must be administratively released to an innocent owner. The UAS must not be released until the results of any legal proceeding in which it may be involved are finally determined, or as otherwise required pursuant to Article 3, Chapter 28, Title 17.
  (3) Before release, the innocent owner shall provide proof of ownership to the arresting agency; certify that the owner neither consented to nor had knowledge of the unlawful use of the UAS; and certify that the UAS will not be returned to the person charged with the violation that resulted in the seizure.
  (4) The arresting agency shall notify the innocent owner when the UAS is available for release. If the innocent owner fails to recover the UAS within thirty days after notification, the arresting agency may retain the UAS for official use, transfer it to another public safety agency for official use, or destroy it.
 (G) A violation of each subsection or provision of this section constitutes a separate offense. A violation of one subsection or provision of this section does not preclude prosecution or punishment for a violation of another subsection or provision this section, including violations arising from the same takeoff, landing, or operation.

 Section 55-1-230. (A) No municipality, county, or other political subdivision may enact ordinances that conflict with this section or FAA regulations. However, a municipality, county, or other political subdivision may impose reasonable restrictions on the takeoff and landing sites and the operation of drones on or above public property within their jurisdictions that are not otherwise covered by this article.
 (B) The provisions of this article do not apply to military, detention facility, or correctional facility personnel operating a drone within the scope of their employment or official duties, provided that these operations comply with all applicable Federal Aviation Administration regulations and all other applicable federal aviation requirements.

SECTION 3. Sections 24-1-300 and 24-5-175 of the S.C. Code are repealed.

SECTION 4. The Code Commissioner is directed to restyle Sections 55-1-1 through 55-1-100 as Article 1 in Chapter 1, Title 55.

SECTION 5. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.

SECTION 6. This act takes effect January 1, 2027.

Renumber sections to conform.

Amend title to conform.