H 4679

South Carolina General Assembly
126th Session, 2025-2026
Bill 4679
Indicates Matter Stricken
Indicates New Matter
(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)
Indicates Matter
Stricken
Indicates New Matter
Amended
May 7, 2026
H. 4679
Introduced by Reps. C. Mitchell, Cox, M. M.
Smith, Wooten, Chapman, W. Newton, Herbkersman, Wickensimer, Guest, McCravy,
Hartnett, Gilliard, Rivers and Williams
S. Printed 5/7/26--S.  [SEC
5/8/2026 3:37 PM]
Read the first time April 15, 2026
________
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.
    Amend Title To Conform
Be it enacted by the
General Assembly of the State of South Carolina:
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 agency 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.
----XX----
This web page was last updated on May 08, 2026 at 03:37 PM