ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fourth Legislature

Second Regular Session

 

HB 2399: unmanned aircraft operation; public venues

Sponsor:  Representative Weninger, LD 17

Committee on Judiciary

Overview

States it is unlawful for a person to operate or use an unmanned aircraft or unmanned aircraft system in the commission of a criminal offense and authorizes a person to operate an unmanned aircraft or unmanned aircraft system near a critical facility if the person obtained prior permission.

History

Current statute prohibits a person from operating a model aircraft or a civil unmanned aircraft if the operation violates federal law or regulations. A violation of this offense is a class 1 misdemeanor. Additionally, current statute prohibits a person to use an unmanned aircraft over or near a critical facility in the commission of a criminal offense. A violation of this is a class 6 felony for the first offense and a class 5 felony for subsequent offenses. (A.R.S. § 13-3729)

Critical facility means any of the following: 1) a petroleum or alumina refinery; 2) a petroleum, chemical, or rubber production, transportation, storage or processing facility; 3) a chemical manufacturing facility; 4) a water or wastewater treatment facility and water development, distribution, or conveyance system, including a dam; 5) an electric generation facility; 6) electrical transmission or distribution substation; 7) an electric transmission line of at least 69,000 volts; 8) an electronic communication station; 9) an energy control center; 10) a facility that transfers or distributes natural gas; 11) any railroad infrastructure or facility; 12) a federal, state, county, or municipal court, prison, or jail; 13) a public safety or emergency operation facility; 14) a federal or state military facility; and 15)  a hospital that received air ambulance services. (A.R.S. § 13-3729)

Unmanned aircraft means an aircraft commonly known as a drone, that is operated without the possibility of direct human intervention from within or on the aircraft. Unmanned aircraft system means an unmanned aircraft and associated elements, including any communication links and components that control the unmanned aircraft. (A.R.S. § 13-3729)

Provisions

1.    ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteStates that it is unlawful for a person to operate or use an unmanned aircraft or unmanned aircraft system in the commission of a criminal offense. (Sec. 1)

2.    Authorizes a person to operate an unmanned aircraft or unmanned aircraft system over or near a critical facility if the person obtained prior written permission from the critical facility owner or operator. (Sec. 1)

3.    Includes multipurpose facility and public sports arena or stadium in the definition of critical facility. (Sec. 1)

4.    Contains conforming changes. (Sec. 1)

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8.    Initials LC              Judiciary

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