Assigned to JUD AS PASSED BY COW
ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
AMENDED
FACT SHEET FOR S.B. 1277
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. FACT SHEET – Amended
S.B. 1277
Page 2
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.
Senate Action
JUD 2/16/23 DP 4-3-0
Prepared by Senate Research
March 9, 2023
ZD/SB/sr