Reference is to Printer's Date 2/8/17 -S.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Chapter 1, Title 24 of the 1976 Code is amended by adding:
"Section 24-1-300.
(A) Except as provided in subsection
(D), a person shall not operate an unmanned aerial vehicle
within a horizontal distance of five hundred feet or a vertical
distance of two hundred fifty feet from any Department of
Corrections facility without written consent from the Director
of the Department of Corrections.
(B) A person who
violates this section is guilty of a misdemeanor and, upon
conviction, shall be fined not more than five hundred dollars or
imprisoned not more than thirty days, or both.
(C)(1) In addition to
the penalty provided in this section, an unmanned aerial vehicle
involved in the violation of this section may be confiscated by
the Department of Corrections. An unmanned aerial vehicle must
not be disposed of in any manner 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 kept of all confiscated unmanned aerial vehicles
received by the Department of Corrections under the provisions
of this section. Upon conviction, pursuant to a violation of
this section, the relevant unmanned aerial vehicle shall be
transferred to the State Law Enforcement Division to use within
the agency for any lawful purpose or for destruction, unless
otherwise provided in this section.
(2)
Any unmanned aerial vehicle confiscated pursuant to this
section shall be administratively released to an innocent owner.
The unmanned aerial vehicle must not be released to the innocent
owner until the results of any legal proceedings in which the
unmanned aerial vehicle may be involved are finally determined,
or as otherwise required by Section 17-28-300, et seq. Before
the unmanned aerial vehicle may be released, the innocent owner
shall provide the Department of Corrections with proof of
ownership; shall certify that the innocent owner neither was a
consenting party to nor had knowledge of the use of the unmanned
aerial vehicle that made it subject to confiscation; and shall
certify that the innocent owner will not release the unmanned
aerial vehicle to the person who was charged with the violation
of this section that resulted in the confiscation of the
unmanned aerial vehicle. The Department of Corrections shall
notify the innocent owner when the unmanned aerial vehicle is
available for release. If the innocent owner fails to recover
the unmanned aerial vehicle within thirty days after
notification of the release, the Department of Corrections may
use the unmanned aerial vehicle within the agency for any lawful
purpose or destroy it.
(D) The provisions of
this section do not apply to any person who: registers with the
Federal Aviation Administration as an operator of a commercial
unmanned aerial vehicle; operates the vehicle for the purpose of
monitoring, operating, maintaining or enhancing electric,
communications, water conveyance, or transportation
infrastructure or determining if repairs to such infrastructure
are necessary; and separately notifies the Director of the
Department of Corrections or his designee no more than five days
and no less two hours prior to each operation of the vehicle,
provided that the notification must include the registration
number the Federal Aviation Administration has issued for the
vehicle."
SECTION 2. Article 1, Chapter 5, Title 24 of the 1976 Code is amended by adding:
"Section 24-5-175.
(A) Except as provided in subsection
(D), a person shall not operate an unmanned aerial vehicle
within a horizontal distance of five hundred feet or a vertical
distance of two hundred fifty feet from any local detention
facility without written consent from the jail
administrator.
(B) A person who
violates this section is guilty of a misdemeanor and, upon
conviction, shall be fined not more than five hundred dollars or
imprisoned not more than thirty days, or both.
(C)(1) In addition to
the penalty provided in this section, an unmanned aerial vehicle
involved in the violation of this section may be confiscated by
the jail administrator of a local detention facility. An
unmanned aerial vehicle must not be disposed of in any manner
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 kept of all
confiscated unmanned aerial vehicles received by the jail
administrator under the provisions of this section. Upon
conviction, pursuant to a violation of this section, the
relevant unmanned aerial vehicle shall be transferred to the
South Carolina Law Enforcement Division to use within the agency
for any lawful purpose or for destruction, unless otherwise
provided in this section.
(2)
Any unmanned aerial vehicle confiscated pursuant to this
section shall be administratively released to an innocent owner.
The unmanned aerial vehicle must not be released to the innocent
owner until the results of any legal proceedings in which the
unmanned aerial vehicle may be involved are finally determined,
or as otherwise required by Section 17-28-300, et seq. Before
the unmanned aerial vehicle may be released, the innocent owner
shall provide the jail administrator with proof of ownership;
shall certify that the innocent owner neither was a consenting
party to nor had knowledge of the use of the unmanned aerial
vehicle that made it subject to the confiscation; and shall
certify that the innocent owner will not release the unmanned
aerial vehicle to the person who was charged with the violation
of this section that resulted in the confiscation of the
unmanned aerial vehicle. The jail administrator shall notify the
innocent owner when the unmanned aerial vehicle is available for
release. If the innocent owner fails to recover the unmanned
aerial vehicle within thirty days after notification of the
release, the local detention facility may use the unmanned
aerial vehicle within the agency for any lawful purpose or
destroy it.
(D) The provisions of
this section do not apply to any person who: registers with the
Federal Aviation Administration as an operator of a commercial
unmanned aerial vehicle; operates the vehicle for the purpose of
monitoring, operating, maintaining or enhancing electric,
communications, water conveyance, or transportation
infrastructure or determining if repairs to such infrastructure
are necessary; and separately notifies the jail administrator or
his designee no more than five days and no less two hours prior
to each operation of the vehicle, provided that the notification
must include the registration number the Federal Aviation
Administration has issued for the vehicle."
SECTION 3. Chapter 1, Title 24 of the 1976 Code is amended by adding:
"Section 24-1-310. The Department of Corrections shall petition the Federal Aviation Administration (FAA) to designate any local detention facility, or State or federal correctional facility in the State as a fixed site facility within ninety days of the effective date of this section, pursuant to rules and regulations adopted pursuant to Section 2209 of the FAA Extension, Safety, and Security Act of 2016, Public Law No. 114-190. The department shall follow all guidance from the FAA in submitting and processing the petition. The South Carolina Aeronautics Commission shall publish designations by the FAA in accordance with this act on the commission's website."
SECTION 4. Chapter 1, Title 24 of the 1976 Code is amended by adding:
"Section 24-1-320. To promote harmonization and air safety, the Department of Corrections and local detention facilities shall provide the South Carolina Aeronautics Commission a list of designated sites or facilities, and shall provide the commission with the unmanned aerial vehicle boundary in electronic format (ARGIS or AutoCAD) necessary to display the information within the Geographical Information Systems formats utilized by the commission within thirty day of the effective date of this section, and the commission shall publish the designated sites or facilities' information on the commission's website."
SECTION 5. This act takes effect upon approval by the Governor.
Renumber sections to conform.
Amend title to conform.