ARIZONA HOUSE OF REPRESENTATIVES

Fifty-seventh Legislature

First Regular Session

 

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

HB 2733: unmanned aircraft; qualified immunity

Sponsor: Representative Marshall, LD 7

Committee on Public Safety & Law Enforcement

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)

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8.                     HB 2733

9.   Initials MT/CDC Page 0 Public Safety & Law Enforcement

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