SB1449 - 522R

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 13-1424, Arizona Revised Statutes, is amended to read:

START_STATUTE13-1424. Voyeurism; classification; definitions

A. It is unlawful to knowingly invade the privacy of another person without the knowledge of the other person for the purpose of sexual stimulation.

B. It is unlawful for a person to disclose, display, distribute or publish a photograph, videotape, film or digital recording that is made in violation of subsection A of this section without the consent or knowledge of the person depicted.

C. For the purposes of this section, a person's privacy is invaded if both of the following apply:

1. The person has a reasonable expectation that the person will not be photographed, videotaped, filmed, digitally recorded or otherwise viewed or recorded.

2. The person is photographed, videotaped, filmed, digitally recorded or otherwise viewed, with or without a device, either:

(a) While the person is in a state of undress or partial dress.

(b) While the person is engaged in sexual intercourse or sexual contact.

(d) In a manner that directly or indirectly captures or allows the viewing of the person's genitalia, buttock or female breast, whether clothed or unclothed, that is not otherwise visible to the public.

D. This section does not apply to any of the following:

1. Photographing, videotaping, filming or digitally recording for security purposes if notice of the use of the photographing, videotaping, filming or digital recording equipment is clearly posted in the location and the location is one in which the person has a reasonable expectation of privacy.

2. Photographing, videotaping, filming or digitally recording by correctional officials for security reasons or in connection with the investigation of alleged misconduct of persons on the premises of a jail or prison.

3. Photographing, videotaping, filming or digitally recording by law enforcement officers pursuant to an investigation, which is otherwise lawful.

4. The use of a child monitoring device as defined in section 13-3001.

E. A violation of subsection A or B of this section is a class 5 felony, except that a violation of subsection B of this section is a class 4 felony if the person depicted is recognizable.

F. For the purposes of this section:

1. "civil unmanned aircraft" has the same meaning prescribed in section 13‑3729.

2. "device" includes a model aircraft and civil unmanned aircraft.

3. "model aircraft" has the same meaning prescribed in section 13‑3729. END_STATUTE

Sec. 2. Section 13-1504, Arizona Revised Statutes, is amended to read:

START_STATUTE13-1504. Criminal trespass in the first degree; classification

A. A person commits criminal trespass in the first degree by knowingly:

1. Entering or remaining unlawfully in or on a residential structure.

2. Entering or remaining unlawfully in a fenced residential yard.

3. Entering any residential yard, including through the use of a model aircraft as defined in section 13‑3729, and, without lawful authority, looking into the residential structure thereon in reckless disregard of infringing on the inhabitant's right of privacy.

4. Entering unlawfully on real property that is subject to a valid mineral claim or lease with the intent to hold, work, take or explore for minerals on the claim or lease.

5. Entering or remaining unlawfully on the property of another and burning, defacing, mutilating or otherwise desecrating a religious symbol or other religious property of another without the express permission of the owner of the property.

6. Entering or remaining unlawfully in or on a critical public service facility or a critical facility as defined in section 13‑3729, including through the use of an unmanned aircraft as defined in section 13‑3729.

B. Criminal trespass in the first degree under subsection A, paragraph 6 of this section is a class 5 felony. Criminal trespass in the first degree under subsection A, paragraph 1 or 5 of this section is a class 6 felony. Criminal trespass in the first degree under subsection A, paragraph 2, 3 or 4 of this section is a class 1 misdemeanor. END_STATUTE

Sec. 3. Section 13-2904, Arizona Revised Statutes, is amended to read:

START_STATUTE13-2904. Disorderly conduct; classification

A. A person commits disorderly conduct if, with intent to disturb the peace or quiet of a neighborhood, family or person, or with knowledge of doing so, such person:

1. Engages in fighting, violent or seriously disruptive behavior; or

2. Makes unreasonable noise; or

3. Uses abusive or offensive language or gestures to any person present in a manner likely to provoke immediate physical retaliation by such person; or

4. Makes any protracted commotion, utterance or display with the intent to prevent the transaction of the business of a lawful meeting, gathering or procession; or

5. Refuses to obey a lawful order to disperse issued to maintain public safety in dangerous proximity to a fire, a hazard or any other emergency; or

6. Recklessly handles, displays or discharges a deadly weapon or dangerous instrument; OR.

7. rECKLESSLY OPERATES A MODEL AIRCRAFT OR CIVIL UNMANNED AIRCRAFT THAT ENDANGERS A PERSON OR A PERSON'S REAL PROPERTY. FOR THE PURPOSES OF THIS PARAGRAPH, "CIVIL UNMANNED AIRCRAFT" AND "MODEL AIRCRAFT" HAVE THE SAME MEANINGS PRESCRIBED IN SECTION 13‑3729.

B. Disorderly conduct under subsection A, paragraph 6 is a class 6 felony. Disorderly conduct under subsection A, paragraph 1, 2, 3, 4, or 5 or 7 is a class 1 misdemeanor.END_STATUTE

Sec. 4. Title 13, chapter 37, Arizona Revised Statutes, is amended by adding section 13-3729, to read:

START_STATUTE13-3729. Unlawful operation of model or unmanned aircraft; state preemption; classification; definitions

A. It is unlawful for a person to operate a model aircraft or a civil unmanned aircraft if the operation:

1. Is prohibited by a federal or state law or regulation that governs aeronautics, including federal aviation administration regulations THAT govern any of the following:

(a) Line of sight operations.

(b) NOTICES TO AIRMEN REGARDING RESTRICTED ACTIVITIES.

(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.

2. Interferes with a law enforcement, firefighter or emergency services operation.

3. Causes the intentional killing of a bird or animal while the model aircraft or civil unmanned aircraft is in flight.

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.

B. It is unlawful for a person to operate or use an unmanned aircraft or unmanned aircraft system to INTENTIONALLY photograph OR electronically record, to collect information for the purpose of conducting surveillance or gathering evidence on OR to LOITER OVER OR NEAR either of the following:

1. a critical facility without a permit or the right or authorization from, or the prior written consent of, the owner or operator of the critical facility.

2. Another person or that person's real property without THE prior written consent OF the person.

C. Except as authorized by law, a CITY, TOWN OR COUNTY may not enact or adopt any ordinance, policy or rule that relates to the ownership or operation of an unmanned aircraft or unmanned aircraft system or otherwise engage in the regulation of the ownership or operation of an unmanned aircraft or an unmanned aircraft system. Any ordinance, policy or rule that violates this subsection, whether enacted or adopted by the CITY, TOWN OR COUNTY before or after the effective date of this section, is void.

D. This section does not:

1. Apply to a person or entity that is authorized or allowed by the federal aviation administration to operate or use an unmanned aircraft system if the person's or entity's operation or use complies with the authorization granted to the person or entity or with federal aviation administration rules.

2. Prohibit A city, town or county from enacting or adopting ordinances or rules on the operation or use of a public unmanned aircraft that is owned by the city, town or county.

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.

E. A violation of subsection B, paragraph 1 of this section is a class 6 felony, except that a second or subsequent violation is a class 5 felony. A violation of subsection A or subsection B, paragraph 2 of this section is a class 1 misdemeanor.

F. For the purposes of this section:

1. "Civil unmanned aircraft" means an unmanned aircraft or unmanned aircraft system that is operated by a person for any purpose other than strictly for hobby or recreational purposes, including commercial purposes, or in furtherance of or incidental to any business or media service or agency.

2. "commercial purposes" means the use of an unmanned aircraft in return for financial compensation and includes aerial photography, aerial mapping or geospatial imaging.

3. "Critical facility" means any of the following:

(a) A petroleum or alumina refinery.

(b) A Petroleum, chemical or rubber production, transportation, storage or processing facility.

(d) A Water or wastewater treatment facility and water development, distribution or conveyance system, including a dam.

(e) An electric generation facility, as defined in section 42‑14156, and any associated substation or switchyard.

(f) An electrical transmission or distribution substation.

(g) An electrical transmission line of at least sixty-nine thousand volts.

(h) An electronic communication station or tower.

(i) An energy control center.

(j) A distribution operating center.

(k) A facility that transfers or distributes natural gas, including a compressor station, regulator station, city gate station or pressure limiting station or a liquefied natural gas facility or supplier tap facility.

(l) Any railroad infrastructure or facility.

(m) A federal, state, county or municipal court.

(n) A public safety or emergency operation facility.

(o) A Federal, state, county or municipal jail or prison or other facility in which persons are incarcerated.

(p) A Federal or state military installation or facility.

(q) A hospital that receives air ambulance services.

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.

5. "Person" means a corporation, firm, partnership, association, individual or organization or any other group acting as a unit.

6. "Public unmanned aircraft" means an unmanned aircraft or unmanned aircraft system that is operated by a public agency for a government‑related purpose.

7. "Unmanned aircraft" means an aircraft, including an aircraft commonly known as a drone, that is operated without the possibility of direct human intervention from within or on the aircraft.

8. "Unmanned aircraft system" means an unmanned aircraft and associated elements, including any communication links and components that control the unmanned aircraft. END_STATUTE

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.

(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.

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.END_STATUTE

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

Sec. 7. Department of transportation; monitoring of federal aviation administration regulations; annual report; delayed repeal

A. Beginning on the effective date of this act and for three years thereafter, the department of transportation's aeronautics division shall monitor the federal aviation administration's regulation of model aircraft, civil unmanned aircraft and public unmanned aircraft as those terms are defined in section 13‑3729, Arizona Revised Statutes, as added by this act. The division shall consult with representatives of model aircraft, civil unmanned aircraft and public unmanned aircraft operators and law enforcement and political subdivisions in this state on whether amendments to section 13‑3729, Arizona Revised Statutes, as added by this act, are necessary due to changes in federal regulations made by the federal aviation administration.

B. The department of transportation's aeronautics division shall submit a report in each year that monitoring is required by subsection A of this section to the president of the senate and the speaker of the house of representatives that makes recommendations for amendments to section 13‑3729, Arizona Revised Statutes, as added by this act. The division shall provide a copy of each report to the secretary of state.

C. This section is repealed from and after December 31, 2019.