ARIZONA HOUSE OF REPRESENTATIVES

Fifty-seventh Legislature

First Regular Session

House: PSLE DPA 10-0-3-2| 3rd Read 44-13-3-0

Senate: MABS DP 5-1-1-0 | 3rd Read 25-4-1-0

Chapter: 89

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

HB 2733: unmanned aircraft; qualified immunity

Sponsor: Representative Marshall, LD 7

Signed by the Governor

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 to personal property caused by a peace officer rendering inoperative an unmanned aircraft within 15 miles of Arizona's international border if the peace officer has specified reasonable suspicion. (Sec. 1)

2.   Defines pertinent terms. (Sec. 1)

 

 

 

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                        HB 2733

Initials MT     Page 0 Signed by the Governor

 

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