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Bill

HB 1280

increase penalties for the operation of drones over certain facilities and to provide for mitigation techniques and countermeasures.

2026 Regular Session Introduced by Taffy Howard and 1 co-sponsor

South Dakota increases penalties for unauthorized drone operations over protected facilities and authorizes defensive countermeasures against violating drones.

Senate Do Pass Amended , Passed, YEAS 34, NAYS 0 S.J. 481
#aviation #civilforfeiture #drones #hoghouse-vehiclebill #lawenforcement #trespass
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Bill Summary · HB 1280

Legislative bill overview

HB 1280 increases criminal penalties for operating drones over protected facilities in South Dakota and authorizes the use of countermeasures to disable or destroy such drones. The bill expands the list of restricted airspace over sensitive locations and provides legal protection for property owners and facility operators who take defensive action against unauthorized drone operations.

Why is this important

Unauthorized drone operations pose genuine security and privacy concerns at critical infrastructure, military installations, and private facilities. This bill attempts to deter such activity through stricter penalties while clarifying the legal status of defensive measures, which has been ambiguous in many jurisdictions. However, it also raises questions about unintended consequences and the scope of permitted countermeasures.

Potential points of contention

  • Scope of "countermeasures": The bill permits mitigation techniques but doesn't clearly define what countermeasures are legal, creating potential liability for those who damage drones without explicit authorization guidelines
  • Overbroad facility definitions: Depending on implementation, "certain facilities" could include government buildings, power infrastructure, or private property, potentially criminalizing innocent drone operations in populated areas
  • Lack of due process clarity: The bill passed unanimously with minimal debate, suggesting potential gaps in addressing how penalties distinguish between malicious operators and hobbyists or commercial operators straying into restricted zones

Compiled from official sources — confirm details with the bill’s official record.

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