Revise provisions regarding drones.
One of the significant impacts of SB166 is its prohibition on state or local governments from enacting or enforcing ordinances relating to drones. This includes regulations on ownership, operation, design, licensing, and the qualifications for drone pilots. The legislation thus centralizes the authority for drone regulation at the state level, which could limit local governments' abilities to tailor drone laws to meet specific community needs or concerns.
Senate Bill 166 aims to revise existing provisions regarding the operation of drones within the state of South Dakota. The bill comprehensively delineates the authority over airspace, affirming the federal government's exclusive right to regulate drone operations as prescribed by 49 U.S.C. ยง 40103. This is crucial in establishing a legal framework that aligns state laws with federal aviation regulations, ensuring consistency across jurisdictions with respect to drone usage.
In summary, SB166 reflects a strategic move by South Dakota's legislature to harmonize drone operation regulations with federal standards while simultaneously achieving uniformity across the state. However, the potential for conflict regarding local governance and individual property rights may provoke discussions and debates among legislators and interested stakeholders as the bill advances.
The bill also specifies that compliance with federal aviation regulations while operating a drone exempts individuals and businesses from legal liability under state law, unless marked by specific circumstances involving property rights. This provision has raised concerns among property owners and civil rights advocates, who worry about the implications for privacy and property rights, especially where drones might inadvertently infringe on personal spaces or lead to unauthorized surveillance.