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State of South Dakota
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NINETY-SECOND SESSION
LEGISLATIVE ASSEMBLY, 2017
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817Y0334
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CONFERENCE COMMITTEE
ENGROSSED NO. SB 80 - 3/9/2017
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Introduced by: Senators Rusch, Bolin, Greenfield (Brock), Haverly, Heinert, Kennedy,
Maher, Nesiba, Novstrup, Otten (Ernie), Soholt, Solano, White, Wiik, and
Youngberg and Representatives Tieszen, Bartling, Haggar, Hawley, Johns,
Lesmeister, Lust, McCleerey, Rasmussen, Ring, Willadsen, and Zikmund
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FOR AN ACT ENTITLED, An Act to regulate the use of drones under certain conditions and
to provide a penalty therefor.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That the code be amended by adding a NEW SECTION to read:
For purposes of this Act, the term, drone, means a powered, aerial vehicle that does not carry
a human operator, uses aerodynamic forces to provide vehicle lift, and can fly autonomously or
be piloted remotely. The vehicle may be expendable or recoverable.
Section 2. That the code be amended by adding a NEW SECTION to read:
Any operation of a drone in the state shall comply with all applicable federal aviation
administration requirements. Any drone operating under the authority of the Armed Forces of
the United States, including the National Guard, is exempt from this Act.
Section 3. That the code be amended by adding a NEW SECTION to read:
No person may operate a drone over the grounds of a prison, correctional facility, jail,
juvenile detention facility, or any military facility unless expressly authorized by the
administrator thereof. A violation of this section is a Class 1 misdemeanor.
Section 4. That the code be amended by adding a NEW SECTION to read:
Any person who uses a drone to deliver contraband or controlled substances to a state prison
or other correctional facility is guilty of a Class 6 felony in addition to the penalty for the
principal offense.
Section 5. That § 22-21-1 be amended to read:
22-21-1. Any person who, except as authorized by law:
(1) Trespasses on property with intent to subject anyone to eavesdropping or other
surveillance in a private place; or
(2) Installs in any private place, without the consent of the person or persons entitled to
privacy there, any device for observing, photographing, recording, amplifying, or
broadcasting sounds or events in such place, or uses any such unauthorized
installation;
(3) Intentionally uses a drone to photograph, record, or otherwise observe another person
in a private place where the person has a reasonable expectation of privacy; or
(4) Lands a drone on the lands or waters of another resident provided the resident owns
the land beneath the water body in its entirety without the owner's consent, except in
the case of forced landing and the owner or lessee of the drone will be liable for any
damage resulting from a forced landing;
is guilty of a Class 1 misdemeanor.
Subdivision Subdivisions (2)
shall and (3) do not apply to
law enforcement officers, or to those acting under
their the direction
of a law enforcement
officer, while engaged in the performance of
their the officer's lawful duties.
These restrictions
do not apply to a drone operator operating a drone for commercial or agricultural purposes
pursuant to or in compliance with federal aviation administration regulations, authorizations,
and exemptions nor do they apply to an emergency management worker operating a drone
within the scope of the worker's duties.