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ARIZONA STATE SENATE

Fifty-Seventh Legislature, First Regular Session

 

FACT SHEET FOR H.B. 2733

 

unmanned aircraft; qualified immunity

Purpose

Immunizes a public entity or employee from liability to an unmanned aircraft operator for any injury to personal property caused by a peace officer rendering an unmanned aircraft inoperative under outlined conditions.

Background

A person may not operate a model aircraft or civil unmanned aircraft if the operation is prohibited by a federal law or regulation that governs aeronautics, including Federal Aviation Administration regulations, or interferes with a law enforcement, firefighter or emergency services operation. A 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).

A public entity or employee acting within the scope of employment is not liable for punitive or exemplary damages. A public entity is not liable for losses that arise out of an act or omission determined by a court to be a criminal felony by a public employee unless the entity knew of the employee's propensity for that action (A.R.S. §§ 12-820.04 and 12-820.05).

               There is no anticipated fiscal impact to the state General Fund associated with this legislation.

Provisions

1.   States that a public entity or employee is not liable to an unmanned aircraft operator for any injury to personal property caused by a peace officer intercepting, capturing, disabling, shooting, destroying or otherwise rendering inoperative an unmanned aircraft within 15 miles of Arizona's international border if the officer had reasonable suspicion that the aircraft was being used to commit an organized crime, fraud, terrorism, drug offense or imitation substance or drug offense.

2.   Defines an unmanned aircraft operator as a person who operates an unmanned aircraft and includes the owner of an unmanned aircraft and any person or group of persons acting in concert with the person who operates the unmanned aircraft.

3.   Defines unmanned aircraft.

4.   Becomes effective on the general effective date.


House Action

PSLE               2/20/25      DPA     10-0-3-2

3rd Read          3/3/25                      44-13-3

Prepared by Senate Research

March 13, 2025

KJA/AG/slp