Bill
Number: S.B. 1449
Kavanagh
Floor Amendment
Reference
to: JUDICIARY Committee amendment
Amendment
drafted by: Leg Council
FLOOR
AMENDMENT EXPLANATION
Stipulates that it is unlawful to operate a
model aircraft or civil unmanned aircraft if the operation is in violation of
federal statute, including if federal or state law prohibits operation within
five miles of a civil or military airport without notice or interference with
the operations of a manned aircraft.
Requires the Director of the Arizona
Department of Transportation (ADOT) to provide resources and safety guidelines
for the operation of model aircraft and photograph examples of critical
facilities on the ADOT website.
Includes entering or remaining in a critical
facility as criminal trespass in the first degree and classifies the penalty as
a class 5 felony.
Specifies a first responder or emergency
worker is not prohibited from operation of an unmanned aircraft while acting in
the first responder’s official capacity or while engaged in authorized
emergency management activities.
Specifies that it is not unlawful for a
person to unintentionally capture private property in the photograph and that a
city, town or county is not prohibited from adopting ordinance or rules
regulating takeoff or landing of a park or preserve.
Removes criminal negligence as a
qualification for disorderly conduct.
Classifies the penalty for operation of an
unmanned aircraft to intentionally photograph, record or collect information
for surveillance or gathering evidence of a critical facility is a class 6
felony for the first offense and a class 5 felony for subsequent offenses.
Classifies the penalty for operation of an
unmanned aircraft to photograph, record or collect information of another
person or another person’s real property without consent as a class 1
misdemeanor.
Specifies that it is unlawful to operate a
model aircraft or civil unmanned aircraft that causes the intentional killing
or a bird or animal while the model aircraft or civil unmanned aircraft is in
flight.
Stipulates that a critical facility includes
an electrical transmission line of at least 69,000 volts, a facility that
transfers or distributes natural gas and any railroad infrastructure or
facility.
Defines terms.
Makes technical and conforming changes.
Page 3, line 9, after
"facility" insert "or a
critical facility as defined in section 13‑3729, including through the
use of an unmanned aircraft as defined in section 13‑3729"
Page 4, line 1, strike "or with criminal negligence"
Line 16, after "govern" insert "any of the following:
(a)";
after "operations"
strike remainder of line insert ".
(b)"
Between lines 17 and 18, insert:
"(c) Operation
of a model aircraft or civil unmanned aircraft within five miles of a civil or
military airport without providing prior notice of the operation to the airport
air traffic control tower or airport operator.
(d) Temporary
flight restrictions.
(e) Interference
with the operations of a manned aircraft, including failure to give way to a
manned aircraft."
Line 20, after "while" insert "the model aircraft or civil unmanned aircraft is"
Between lines 20 and 21, insert:
"4. Is in violation of the faa modernization and
reform act of 2012 (P.L. 112-95), or any successor federal statutes, including
regulations that are authorized by the federal statutes."
Page 5, strike lines 13 and 14, insert:
"3. Apply to a person who takes a photograph that
includes an image of private property if the person did not intend to capture
the private property in the photograph.
4. Prohibit a city, town or county from enacting
or adopting ordinances or rules that regulate the takeoff or landing of a model
aircraft in a park or preserve owned by the city, town or county if there are
other parks or preserves that are within the city, town or county and that are
available for model aircraft operation.
5. Apply to the operation of an unmanned
aircraft, including a public unmanned aircraft, by a first responder as defined
in section 36‑661 while acting in the first responder's official capacity
or an emergency worker while engaged in or supporting authorized emergency
management activities or performing emergency functions pursuant to title 26,
chapter 2."
Page 5, line 16, strike the first
"__" insert "6"; strike the second "__" insert
"5"
Line 17, after the second "A" insert "or subsection B, paragraph 2"
Strike lines 18 and 19
Page 6, line 6, strike "____ voltage" insert
"at least sixty-nine thousand
volts"
Line 10, after "a" insert "facility that transfers or distributes natural gas,
including a"
Line 11, after "station" insert "or a liquefied natural gas facility or supplier tap facility"
Line 12, strike "A supplier tap" insert
"Any railroad infrastructure or"
Strike lines 19 through 22, insert:
"4. "Model aircraft" has the same
meaning prescribed in section 336 of the fAA modernization and reform act of
2012 (P.L. 112-95), as amended."
After line 33, insert:
"Sec. 5. Section
28-8242, Arizona Revised Statutes, is amended to read:
START_STATUTE28-8242. Powers and duties
A. The
department:
1. Shall
cooperate with all state, local and federal organizations to encourage and
advance the safe and orderly development of aviation in this state.
2. May:
(a) Assemble
and distribute to the public information relating to aviation, landing fields,
navigational aids and other matters pertaining to aviation.
(b) Accept,
in the name of this state, federal monies made available for the advancement of
aviation.
(c) Represent
this state on issues of routing structures and rate schedules concerning
commercial airline traffic.
(d) Accept
and receive federal and other public or private monies for the acquisition,
construction, enlargement, improvement, maintenance, equipment or operation of
airports and other air navigation facilities and sites for air navigation
facilities or for any other purpose authorized by this section. The
department shall deposit, pursuant to sections 35‑146 and 35‑147,
these monies in the state aviation fund.
(e) Facilitate
the development of a regional airport.
(f) Loan
monies from the state aviation fund to an airport authority that enters into an
agreement with the United States for an airport development project if the
airport authority designates in its agreement with the United States that
payment of federal participating monies shall be made to the department acting
as the agent of the airport authority and enters into an agreement with the
department appointing the department as agent of the airport authority to
receive all federal participating monies. The department shall deposit,
pursuant to sections 35‑146 and 35‑147, all monies received
pursuant to this subdivision in the state aviation fund. For the purposes of
this subdivision, "airport authority" means the governing body of a
public airport operating pursuant to sections 28‑8423 and 28‑8424 or
a joint powers airport authority.
B. Notwithstanding
section 38‑623, the director may authorize personnel of the department to
use rental aircraft in the performance of their duties at the prevailing hourly
rate. The rental fee is a charge against monies appropriated for in‑state
and out‑of‑state travel.
C. The
director shall adopt rules as necessary to administer this article and articles
1, 3, 4 and 5 of this chapter and to promote public safety and the best
interests of aviation in this state. The rules shall not supersede or conflict
with rules of the United States government agencies having jurisdiction over
aviation activities in this state.
D. The director shall:
1. Contract for the operation of state owned airports.
2. In
conjunction with local authorities, plan, build and develop airports, airport
terminals and other related navigational facilities.
3. Operate
and maintain the Grand Canyon national park airport located in the Kaibab
national forest, Coconino county. END_STATUTE
4. Provide on the department's website
information on resources for operating a model aircraft, including safety
guidelines established by a nationwide aeronautics community‑based
organization.
5. Provide on the department's website pictures
that show examples of critical facilities, as defined in section 13‑3729,
to provide unmanned aircraft operators with information on what is considered a
critical facility. A picture or any written description on the website may not
identify the owner or operator of the critical facility or the location of the
critical facility.
Sec. 6. Section
28-8280, Arizona Revised Statutes, is amended to read:
START_STATUTE28-8280. Careless or reckless aircraft operation; violation;
classification; definitions
A. A person who operates an
aircraft in the air, on the ground or on the water in a careless or reckless
manner that endangers the life or property of another is guilty of a class 1
misdemeanor. In determining whether the operation was careless or
reckless, the court shall consider the standards for safe operation of aircraft
prescribed by federal statutes or regulations governing aeronautics.
B. For the purposes of this section:
1. "Aircraft" includes a model aircraft
and civil unmanned aircraft.
2. "civil unmanned aircraft" has the
same meaning prescribed in section 13‑3729.
3. "Model aircraft" has the same
meaning prescribed in section 13‑3729."END_STATUTE
Renumber to conform
Amend title to conform