ARIZONA HOUSE OF REPRESENTATIVES

Fifty-seventh Legislature

First Regular Session

House: PSLE DPA 10-0-3-2

☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note

HB 2733: unmanned aircraft; qualified immunity

Sponsor: Representative Marshall, LD 7

Caucus & COW

Overview

Outlines exemptions from liability for public entities, employees and peace officers in circumstances resulting in injuries from rendering an unmanned aircraft inoperative.

History

An unmanned aircraft is an aircraft, including an aircraft commonly known as a drone, that is operated without the possibility of direct human intervention within or on the aircraft. It is unlawful for a person to operate a model aircraft or civil unmanned aircraft if the operation is prohibited by federal law or interferes with law enforcement, firefighters or emergency service operations. A violation of this law is a class 1 misdemeanor (A.R.S. § 13-3729).

Neither a public entity nor a public employee acting within the scope of his employment is liable for punitive or exemplary damages. A public entity is not liable for losses arising from an act or omission a court determined to be a criminal felony by a public employee unless the public entity knew about the employee's propensity for these actions (A.R.S. §§ 12-820.04  and 12-820.05).

Provisions

1.   Exempts a public entity or public employee from liability to an unmanned aircraft operator for any injury caused by a peace officer rendering inoperative an unmanned aircraft within 30 miles of Arizona's international border. (Sec. 1)

2.   States that a public entity or public employee is not liable for any injury to a person caused by a peace officer rendering inoperative an unmanned aircraft within 30 miles of Arizona's international border unless a public employee, acting within the scope of their employment, intended to cause injury or was grossly negligent. (Sec. 1)

3.   States that this Act applies to a public entity or public employee if the injury or damage was caused by a contractor of a public entity acting within the scope of the contract. (Sec. 1)

4.   Defines pertinent terms. (Sec. 1)

Amendments

Committee on Public Safety & Law Enforcement

1.   Modifies the exemption liability provision for any injury caused by a peace officer rendering inoperative an unmanned aircraft to any injury to personal property caused by a peace officer rendering inoperative an unmanned aircraft if the peace officer has specified reasonable suspicion.

2.   Alters the distance from Arizona's international border from 30 miles to 15 miles.

3.   Removes provisions relating to a public entity or public employee not being liable for any injury to a person caused by a peace officer rendering inoperative an unmanned aircraft.

4.   Removes person definition.

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7.   ---------- DOCUMENT FOOTER ---------

8.                     HB 2733

9.   Initials MT/CDC Page 0 Caucus & COW

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11.  ---------- DOCUMENT FOOTER ---------