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ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
VETOED
AMENDED
unmanned aircraft; photography; loitering prohibited
Purpose
Deems it unlawful for a person to operate or use an unmanned aircraft or unmanned aircraft system to intentionally photograph, record or otherwise observe another person in a private place where the person has a reasonable expectation of privacy.
Background
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 law or
regulation that governs aeronautics, including Federal Aviation Administration (FAA)
regulations; or 2) interferes with a law enforcement, firefighter or emergency
services operation. Furthermore, it is also unlawful for a person to operate or
use an unmanned aircraft or unmanned aircraft system to intentionally
photograph or loiter over or near a critical facility in the furtherance of any
criminal offence. A city or town is prohibited from enacting or adopting 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 (A.R.S.
§ 13-3729).
The federal government created an exception for limited recreational
operations of unmanned aircraft to allow individuals flying drones purely for
personal enjoyment or recreational purposes to operate without having to comply
with commercial drone regulations (49
U.S.C.
§ 44809). The rules that apply to recreational flyers stipulate that the
operator: 1) must fly only for recreational purposes; 2) follow safety
guidelines from a FAA recognized community-based organization; 3) keep the
drone within the visual line of sight or use a visual observer who is located
next to and in direct communication with the operator; 4) give way and do not
interfere with other aircraft; 5) fly at or below FAA-authorized altitudes in a
controlled airspace; 6) fly at or below 400 feet in a Class G airspace; 7) must
have taken the Recreational UAS Safety Test and carry proof of test passage
when flying; 8) must have a current FAA registration, mark on the outside of
the drone with the registration number and carry proof of the registration; and
9) is prohibited from operating the drone in a manner that endangers the safety
of the national airspace system (FAA
Recreational Flyers Rules).
Unmanned aircraft is 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 (A.R.S. § 13-3729).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Deems it unlawful for a person to operate or use an unmanned aircraft or unmanned aircraft system to intentionally photograph, record or otherwise observe another person in a private place where the person has a reasonable expectation of privacy.
2. Specifies that the unlawful operation or use of an unmanned aircraft or unmanned aircraft system to intentionally photograph, record or otherwise observe another person in a private place does not apply to a person or entity that is authorized or allowed by the person in the private place to operate or use an unmanned aircraft or unmanned aircraft system.
3. Makes technical and conforming changes.
4. Becomes effective on the general effective date.
Amendments Adopted by Committee of the Whole
· Deems it unlawful for a person to operate or use an unmanned aircraft or unmanned aircraft system to intentionally photograph, record or otherwise observe another person in a private place where the person has a reasonable expectation of privacy, rather than intentionally photograph or loiter over or near a residential structure.
Governor's Veto Message
The Governor indicates in her veto message that statute already protects Arizonans from privacy violations and that S.B. 1277 will negatively affect and restrict the work of broadcasters, newspapers, telecommunication providers and insurance providers in Arizona.
Senate Action House Action
JUD 2/16/23 DP 4-3-0 JUD 3/29/23 DP 5-2-0-1
3rd Read 3/8/23 20-9-1 3rd Read 5/15/23 40-18-1-0-1
Vetoed by the Governor 6/5/23
Prepared by Senate Research
June 6, 2023
ZD/SB/sr