Indicates Matter Stricken

Indicates New Matter

 

Committee Report

April 2, 2026

 

H. 4679

 

Introduced by Reps. C. Mitchell, Cox, M. M. Smith, Wooten, Chapman, W. Newton, Herbkersman, Wickensimer, Guest and McCravy

 

S. Printed 4/2/26--H.

Read the first time January 13, 2026

 

________

 

The committee on House Judiciary

To whom was referred a Bill (H. 4679) 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, etc., respectfully

Report:

That they have duly and carefully considered the same, and recommend that the same do pass with amendment:

 

    Amend the bill, as and if amended, SECTION 3, by striking Section 55-1-110(A)(1), (2), (3), (4), and (5) and inserting:

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

    (3) "recreational operator" means any individual flying a drone for personal use in accordance with FAA regulations and 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 means one of the following, if completely enclosed by a fence or other physical barrier that is designed to exclude intruders, or if clearly marked with a sign or signs that are posted on the property, are reasonably likely to come to the attention of intruders, and indicate that entry is forbidden:

       (a) a petroleum or alumina refinery, terminal, or storage facility;

       (b) an electrical power generating facility, substation, switching station, or electrical control center;

       (c) an above-ground oil, gas, or chemical pipeline;

       (d) a chemical, polymer, or rubber manufacturing facility;

       (e) a water intake structure, water treatment facility, wastewater treatment plant, or pump station;

       (f) a natural gas compressor station;

       (g) a liquid natural gas terminal or storage facility;

       (h) a wireless or wired communications facility, including the tower, antennas, support structures, and all associated ground-based equipment;

       (i) a seaport, inland port, railroad switching yard, trucking terminal, or other freight transportation facility, including such a facility not enclosed by a fence or other physical barrier, or not posted with a sign or signs stating that unauthorized entry into the facility's boundary is prohibited;

       (j) a gas processing plant, including a plant used in the processing, treatment, or fractionation of natural gas;

       (k) a transmission facility used by a federally licensed radio or television station;

       (l) a steelmaking facility that uses an electric arc furnace to make steel or other steel manufacturing facility;

       (m) a dam or other structures, including but not limited to locks, floodgates, or dikes, that are designed to maintain or control the level of navigable waterways and are regulated by the South Carolina Department of Environmental Services; or

    (n) a data center certified by the Department of Commerce or  any other state agency; and

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

    (6) "large live event" means an organized, in-person event held at a venue or event site and attended by members of the public, whether ticketed or otherwise, including, but not limited to, a sporting event, concert, automobile race, festival, fair, performance, show, exhibition, tournament, rodeo, parade, or other organized public entertainment or cultural event, at which more than 15,000 people are in attendance;

    (7) "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 (A)(7)(a) which 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 United States territorial waters;

       (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;

    (8) "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 pre programmed system.

    (9) "takeoff 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;

    (10) "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 pre-programmed system;

    (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.

Amend the bill further, SECTION 3, by striking Section 55-1-110(B)(1) and (2) and inserting:

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

       (2) operating under proper FAA UAS regulationsPart 107 regulations for commercial use;

Amend the bill further, SECTION 3, by striking Section 55-1-110(C)(1), (2), (3), (4), (5), (6), and (7) and inserting:

    (C)(1) It is unlawful for a person to intentionally or knowingly operate, takeoff, or land a drone:

           (a) above or within five miles of an airport without prior any controlled airspace designated by the FAA unless the operation is conducted in compliance with all applicable FAA authorization requirements;

           (b) directly above over or within one thousand five hundred feet of horizontally from the outermost boundary of property the person knows to be critical infrastructure without prior express written consent of the owner of the critical infrastructure, or the person or entity lawfully in control of the critical infrastructure;

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

           (d) directly above over or within fifteen one thousand five hundred feet of any horizontally from the outermost boundary of property the person knows to be a military installation without the prior express written consent from of the Department of Defense or the commanding authority of the military installation; or

           (e) over above, or in close proximity to the horizontal boundary of private property in a manner that invades privacy, harasses occupants, creates a nuisance, or presents an obvious safety hazard.;

               (i) intentionally intrudes upon the reasonable expectation of privacy of the owner or lawful occupant of the property;

           (ii) substantially and unreasonably interferes with the use and enjoyment of the property; or

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

       (f) directly above any event the person knows to be a large live event without the prior express written consent of the event organizer.

       (2) It is unlawful for a person to intentionally or knowingly operate, takeoff, or land a drone in this State that is required to be registered with the FAA but has not been properly registered. This includes operating a drone that is not incompliance with the requirements of subsection (B), and:

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

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

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

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

       (3) It is unlawful for a person to use a drone to intentionally or knowingly operate, takeoff, or land a drone with the intent to:

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

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

       (4) It is unlawful for a person to intentionally or knowingly use a drone to operate, takeoff, land, or possess  a drone with the intent 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 or detention facility, or restricted area, or other area under the facilities authority; and

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

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

       (5) It is unlawful for a person to intentionally or knowingly:

           (a) obstruct, disable, or attempt to take control of a drone that a person knows to be 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 drone the person knows to be operating as a public safety drone; or

           (c) physically damage or destroy a public safety drone the person knows to be engaged in lawful public safety operations.

       (6) A person who violates subitems (1), (2), or (3) subsection (C)(1), (C)(2), or (C)(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)subsection (C)(4) or (C)(5)  is guilty of a felony and, upon conviction:

           (a) for using operating a drone to deliver contraband into a correctional facilityin violation of subsection (C)(4)(a), or (C)(4)(b), 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, for a violation of subsection (C)(4)(c), 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 violations of subsection (C)(5):

               (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 violations results result 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.

       (8) A violation of each subsection or provision of subsection (C) constitutes a separate offense. A violation of one subsection or provision of subsection (C) does not preclude prosecution or punishment for a violation of another subsection or provision of subsection (C), including violations arising from the same takeoff, landing, or operation.

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

    (D) Law enforcement agencies are authorized to investigate, detain individuals, and confiscate drones used in violation of this section. (1) In addition to the penalties provided in this section, a UAS involved in a violation of this section may be seized and confiscated by the arresting law enforcement agency or officer. 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 by Section 17-28-300, et seq. 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 agency for official use, transferred to another public safety agency for official use, or destroyed, unless otherwise provided by law.

       (2)(a) Any 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 by Section 17-28-300, et seq.

           (b) 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.

           (c) 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.

    (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 sites and the operation of drones on or above public property within their jurisdictions that are not otherwise covered by this section.

    (F) This The provisions of this section does do not apply to:

       (1) law enforcement, emergency responders, or 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) 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;

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

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

Amend the bill further, by adding an appropriately numbered SECTION to read:

SECTION X. Section 24-1-300 of the S.C. Code is repealed. (Reserved.)

Amend the bill further, by adding an appropriately numbered SECTION to read:

SECTION X. Section 24-5-175 of the S.C. Code is repealed. (Reserved.)

Amend the bill further, by adding an appropriately numbered SECTION to read:

SECTION X. 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.

Amend the bill further, SECTION 4, by striking Section  and inserting:

SECTION 4.  This act takes effect upon approval by the Governor on January 1, 2027.

Renumber sections to conform.

Amend title to conform.

 

W. NEWTON for Committee.

 

 

statement of estimated fiscal impact

Explanation of Fiscal Impact

State Expenditure

This bill creates the South Carolina Drone Regulation and Public Safety Act, which establishes guidelines for drone operations. This bill also establishes misdemeanor and felony offenses for certain unlawful operations of a drone. Additionally, the bill authorizes law enforcement agencies to investigate and detain individuals suspected of unlawful drone use and to confiscate their drones and local governments may impose reasonable restrictions on the takeoff and landing of drones on public property.

This bill may result in an increase in the number of circuit court cases and potentially the number of incarcerations, which may increase the workload of the court system and the Commission of Indigent Defense, the Commission on Prosecution Coordination, the Department of Corrections, and PPP. However, there are no data available to determine the increase caseload and number of incarcerations. Judicial anticipates that the potential impact of the caseload in court can be managed within existing appropriations, unless this bill results in a significant increase in expense. Additionally, the potential increase in expenses for each agency will depend upon the increase in the number of cases and number of incarcerations. Judicial and these agencies indicate that if this bill results in a significant increase in the workload, then an increase in General Fund appropriations may be requested. For information, according to Corrections, in FY 2024-25, the annual total cost per inmate was $37,503, of which $35,696 was state funded.

This fiscal impact is pending, contingent upon a response from the South Carolina Law Enforcement Division.

 

State Revenue

This bill may result in a change in the fines and fees collected in court due to the new offenses established by this bill. Court fines and fees are distributed to the General Fund, Other Funds, and local funds. Therefore, RFA anticipates this bill may result in a change to General Fund and Other Funds revenue due to the change in fines and fees collections in court.

 

Local Expenditure

This bill creates the South Carolina Drone Regulation and Public Safety Act, which establishes guidelines for drone operations. This bill also establishes misdemeanor and felony offenses for certain unlawful operations of a drone. Additionally, the bill authorizes law enforcement agencies to investigate and detain individuals suspected of unlawful drone use and to confiscate their drones and local governments may impose reasonable restrictions on the takeoff and landing of drones on public property.

 

RFA surveyed South Carolina counties and MASC as to the potential fiscal impact of the bill and received responses from Chester County, Dorchester County, Florence County, and MASC. Chester County and Florence County indicated that the bill will have no expenditure impact, while Dorchester County indicated there may be an undetermined expenditure impact if additional law enforcement staffing is required to enforce the provisions of the bill. MASC reported that since the offenses created by the bill are not eligible to be heard in municipal courts, the bill will have no expenditure impact on municipalities.

 

 

Frank A. Rainwater, Executive Director

Revenue and Fiscal Affairs Office

 

_______

 

 

 

 

 

 

 

 

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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