PREFILED JAN 08 2016
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REFERENCE TITLE: unmanned aircraft systems; unlawful use |
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State of Arizona House of Representatives Fifty-second Legislature Second Regular Session 2016
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HB 2073 |
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Introduced by Representatives Borrelli, Barton: Boyer
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AN ACT
amending title 13, chapter 29, Arizona Revised Statutes, by adding section 13-2931; relating to offenses against public order.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 13, chapter 29, Arizona Revised Statutes, is amended by adding section 13-2931, to read:
13-2931. Unlawful use of unmanned aircraft systems; classification; definitions
A. It is unlawful for a person to operate or use an unmanned aircraft system to intentionally photograph, electronically record, collect information, conduct surveillance or gather evidence on either of the following:
1. A critical facility, without the prior written consent of the owner or operator of the critical facility.
2. A person or the person's property, without the prior written consent of the person.
B. This section does not apply to a person who uses an unmanned aircraft system on the person's own property or on another person's property if the person has a valid lease, equitable servitude, right‑of‑way, right of use, permit, license or other lawful right to use the property.
C. A violation of subsection a, paragraph 1 of this section is a class __ felony, except that a second or subsequent violation is a class __ felony. A violation of subsection a, paragraph 2 of this section is a class __ misdemeanor.
D. For the purposes of this section:
1. "Critical facility" means any of the following:
(a) Petroleum and alumina refineries.
(b) Chemical and rubber manufacturing facilities.
(c) Nuclear power electric generation facilities.
2. "Federal government" means the United States government and any department, agency or instrumentality of the United States government.
3. "State" means this state and any department, agency or instrumentality of this state.
4. "Unmanned aircraft system" means a powered aircraft that does not carry a human operator, that is autonomous or remotely piloted or operated and that is expendable or recoverable. Unmanned aircraft system does not include a satellite orbiting the earth or an unmanned aircraft system that is used by any of the following:
(a) The federal government or a person who is acting pursuant to a contract with the federal government to conduct surveillance of specific activities.
(b) This state or a person who is acting pursuant to a contract with this state to conduct surveillance of specific activities.
(c) A law enforcement agency or fire department in this state.