Bill Text: CA AB37 | 2015-2016 | Regular Session | Amended


Bill Title: Libraries: 3D printers.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2016-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB37 Detail]

Download: California-2015-AB37-Amended.html
BILL NUMBER: AB 37	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 17, 2015

INTRODUCED BY   Assembly Member Campos

                        DECEMBER 1, 2014

   An act to add  Section 6254.31 to the Government Code, and
to add Title 14 (commencing with Section 14350) to Part 4 of the
Penal Code, relating to unmanned aircraft systems.  
Article 1.5 (commencing with Section 19905) to Chapter 11 of Part 11
of Division 1 of Title 1 of the Education Code, relat   ing
to libraries. 



	LEGISLATIVE COUNSEL'S DIGEST


   AB 37, as amended, Campos.  Unmanned aircraft systems.
  Libraries: 3D printers.  
   Existing law generally provides for the establishment of public
libraries. Existing law requires every public library that receives
specified state funds and that provides public access to the Internet
or to video recordings to, by a majority vote of the governing
board, adopt a policy regarding access by minors to the Internet or
to video recordings.  
   This bill would require every public library that provides public
access to a 3D printer, as defined, to post a notice on or near the
3D printer that would alert users of the 3D printer of the potential
liability of the user for misuse of the 3D printer, as specified.
This bill would require the Department of Justice to draft and
distribute this notice, as specified, and annually review and revise
the notice for accuracy. By imposing additional duties upon local
officials, this bill would create a state-mandated local program.
 
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.  
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.  
   Existing federal law, the Federal Aviation Administration
Modernization and Reform Act of 2012, provides for the integration of
civil unmanned aircraft systems, commonly known as drones, into the
national airspace system by September 30, 2015. Existing federal law
requires the Administrator of the Federal Aviation Administration to
develop and implement operational and certification requirements for
the operation of public unmanned aircraft systems in the national
airspace system by December 31, 2015.  
   This bill would generally prohibit public agencies from using
unmanned aircraft systems, or contracting for the use of unmanned
aircraft systems, as defined, with certain exceptions applicable to
law enforcement agencies and in certain other cases, including when
the use or operation of the unmanned aircraft system achieves the
core mission of the agency and the purpose is unrelated to the
gathering of criminal intelligence, as defined.  
   The bill would require reasonable public notice to be provided by
public agencies intending to deploy unmanned aircraft systems, as
specified. The bill would require images, footage, or data obtained
through the use of an unmanned aircraft system under these provisions
to be permanently destroyed within one year, except as specified.
The bill would generally prohibit images, footage, or data obtained
through the use of an unmanned aircraft system under these provisions
from being disseminated outside the collecting public agency, except
as specified. Unless authorized by federal law, the bill would
prohibit a person or entity, including a public agency subject to
these provisions, or a person or entity under contract to a public
agency, for the purpose of that contract, from equipping or arming an
unmanned aircraft system with a weapon or other device that may be
carried by or launched from an unmanned aircraft system and that is
intended to cause bodily injury or death, or damage to, or the
destruction of, real or personal property. The bill would also
provide that specified surveillance restrictions on electronic
devices apply to the use or operation of an unmanned aircraft system
by a public agency.  
   The bill would apply its provisions to all public and private
entities when contracting with a public agency for the use of an
unmanned aircraft system.  
   Existing law, the California Public Records Act, requires state
and local agencies to make public records available for inspection,
subject to certain exceptions.  
   This bill would make certain images, footage, or data obtained
through the use of an unmanned aircraft system under its provisions,
or any related record, including, but not limited to, usage logs or
logs that identify any person or entity that subsequently obtains or
requests records of that system, subject to disclosure. The bill
would except from disclosure above images, footage, data, and records
obtained through the use of an unmanned aircraft system, if
disclosure would endanger the safety of a person involved in an
investigation, or would endanger the successful completion of the
investigation.  
   Existing constitutional provisions require that a statute that
limits the right of access to the meetings of public bodies or the
writings of public officials and agencies be adopted with findings
demonstrating the interest protected by the limitation and the need
for protecting that interest.  
   This bill would make legislative findings to that effect.

   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program:  no   yes  .



THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Article 1.5 (commencing with Section
19905) is added to Chapter 11 of Part 11 of Division 1 of Title 1 of
the   Education Code   , to read:  

      Article 1.5.  3D Printer Use


   19905.  (a) Every public library that provides public access to a
3D printer shall post a notice prepared pursuant to subdivision (b)
on or near the 3D printer.
   (b) (1) The Department of Justice shall prepare and distribute to
a public library that provides public access to a 3D printer a notice
that would alert users of the 3D printer of the potential liability
of the user for misuse of the 3D printer. The notice shall do all of
the following:
   (A) Provide citations to the applicable state and federal laws
that may impose civil liability or criminal penalties for misuse of a
3D printer, including laws regarding copyright infringement and
trademark and patent protection.
   (B) Describe the potential damages for liability and criminal
penalties that may apply for a violation of these laws.
   (C) Alert users of the 3D printer that it is the responsibility of
the user to be aware of and abide by the laws that may apply to the
use of a 3D printer.
   (2) The notice shall appear in 14-point type and not exceed two 8
inch by 11.5 inch pages in length.
   (3) The Department of Justice shall annually review and revise the
notice to reflect updates to the applicable laws.
   (4) For purposes of this section, a "3D printer" means a machine
or other device that manufactures or produces solid objects by
depositing layers of material, including, but not limited to,
plastic, pursuant to instructions that are stored and displayed in an
electronic format as a digital model. 
   SEC. 2.    If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.  
  SECTION 1.    Section 6254.31 is added to the
Government Code, to read:
   6254.31.  (a) Notwithstanding any provision of this chapter,
images, footage, or data obtained through the use of an unmanned
aircraft system pursuant to Title 14 (commencing with Section 14350)
of Part 4 of the Penal Code, or any related record, including, but
not limited to, usage logs or logs that identify any person or entity
that subsequently obtains or requests records of that system, are
public records subject to disclosure.
   (b) Notwithstanding subdivision (a), nothing in this chapter or
any other law requires the disclosure of images, footage, or data
obtained through the use of an unmanned aircraft system, or any
related record, including, but not limited to, usage logs or logs
that identify any person or entity that subsequently obtains or
requests records of that system, to the extent that disclosure of the
images, footage, data, or records would endanger the safety of a
person involved in an investigation, or would endanger the successful
completion of the investigation.  
  SEC. 2.    Title 14 (commencing with Section
14350) is added to Part 4 of the Penal Code, to read:

      TITLE 14.  UNMANNED AIRCRAFT SYSTEMS


   14350.  (a) A public agency shall not use an unmanned aircraft
system, or contract for the use of an unmanned aircraft system,
except as provided in this title. This title shall apply to all
public and private entities when contracting with a public agency for
the use of an unmanned aircraft system.
   (b) A law enforcement agency may use an unmanned aircraft system
if it has obtained a warrant based on probable cause pursuant to this
code.
   (c) A law enforcement agency, without obtaining a warrant, may use
an unmanned aircraft system in all of the following circumstances:
   (1) In emergency situations if there is an imminent threat to life
or of great bodily harm, including, but not limited to, fires,
hostage crises, "hot pursuit" situations if reasonably necessary to
prevent harm to law enforcement officers or others, and search and
rescue operations on land or water.
   (2) To assess the necessity of first responders in situations
relating to traffic accidents.
   (3) (A) To inspect state parks and wilderness areas for illegal
vegetation or fires.
   (B) For purposes of this paragraph, "wilderness areas" means
public lands without permanent improvements or human habitation.
   (4) To determine the appropriate response to an imminent or
existing environmental emergency or disaster, including, but not
limited to, oils spills or chemical spills.
   (d) A public agency other than a law enforcement agency may use an
unmanned aircraft system, or contract for the use of an unmanned
aircraft system, to achieve the core mission of the agency provided
that the purpose is unrelated to the gathering of criminal
intelligence.
   (e) A public agency that is not primarily a law enforcement
agency, but that employs peace officers or performs functions related
to criminal investigations, may use an unmanned aircraft system
without obtaining a warrant to achieve the core mission of the agency
provided that the purpose is unrelated to the gathering of criminal
intelligence, and that the images, footage, or data are not used for
any purpose other than that for which it was collected.
   14351.  A public agency that uses an unmanned aircraft system, or
contracts for the use of an unmanned aircraft system, pursuant to
this title shall first provide reasonable notice to the public.
Reasonable notice shall, at a minimum, consist of a one-time
announcement regarding the agency's intent to deploy unmanned
aircraft system technology and a description of the technology's
capabilities.
   14352.  (a) (1) (A) Except as permitted by this title, images,
footage, or data obtained by a public agency, or any entity
contracting with a public agency, pursuant to this title shall not be
disseminated to a law enforcement agency unless the law enforcement
agency has obtained a warrant for the images, footage, or data based
on probable cause pursuant to this code, or the law enforcement
agency would not have been required to obtain a warrant to collect
the images, footage, or data itself, as specified in Section 14350.
   (B) A public agency that is not primarily a law enforcement
agency, but that employs peace officers or performs functions related
to criminal investigations, may disseminate images, footage, or data
collected pursuant to Section 14350 if the dissemination is to
others within that agency.
   (2) Except as permitted by this title, images, footage, or data
obtained by a public agency, or any entity contracting with a public
agency, through the use of an unmanned aircraft system shall not be
disseminated outside the collecting public agency, unless one of the
following circumstances applies:
   (A) Images, footage, or data obtained by a public agency through
the use of an unmanned aircraft system may be disseminated to another
public agency that is not a law enforcement agency if the images,
footage, or data are related to the core mission of both public
agencies involved in the sending or receiving of the images, footage,
or data.
   (B) Images, footage, or data obtained by a public agency through
the use of an unmanned aircraft system may be disseminated outside
the collecting public agency if the images, footage, or data are
evidence in any claim filed or any pending litigation.
   (C) Images, footage, or data obtained by a public agency through
the use of an unmanned aircraft system may be disseminated to a
private entity if both of the following conditions are satisfied:
   (i) The collecting public agency is not a law enforcement agency.
   (ii) The images, footage, or data are related to the core function
of the collecting public agency.
   (3) A public agency may make available to the public images,
footage, or data obtained by the public agency through the use of an
unmanned aircraft system if both of the following conditions are
satisfied:
   (A) The images, footage, or data do not depict or describe any
individual or group of individuals, or the activities of any
individual or group of individuals whose identity or identities can
be ascertained.
   (B) The disclosure of the images, footage, or data is required to
fulfill the public agency's statutory or mandatory obligations.
   (b) Except as permitted by this title, images, footage, or data
obtained by a public agency through the use of an unmanned aircraft
system shall not be used by the public agency for any purpose other
than that for which it was collected.
   (c) (1) Images, footage, or data obtained through the use of an
unmanned aircraft system shall be permanently destroyed within one
year, except that a public agency may retain the images, footage, or
data in all of the following circumstances:
   (A) For training purposes. Images, footage, or data retained for
training purposes shall be used only for the education and
instruction of a public agency's employees in matters related to the
mission of the public agency and for no other purpose.
   (B) For academic research or teaching purposes. Images, footage,
or data retained for academic research or teaching purposes shall be
used only for the advancement of research and teaching conducted by
an academic or research institution and matters related to the
mission of the institution and for no other purpose.
   (C) For purposes of monitoring material assets owned by the public
agency.
   (D) For environmental, public works, or land use management or
planning by the public agency.
   (2) Notwithstanding paragraph (1), a public agency may retain
beyond one year images, footage, or data obtained through the use of
an unmanned aircraft system in both of the following circumstances:
   (A) If a warrant authorized the collection of the images, footage,
or data.
   (B) If the images, footage, or data are evidence in any claim
filed or any pending litigation or enforcement proceeding.
   14353.  Unless authorized by federal law, a person or entity,
including a public agency subject to Section 14350 or a person or
entity under contract to a public agency, for the purpose of that
contract, shall not equip or arm an unmanned aircraft system with a
weapon or other device that may be carried by or launched from an
unmanned aircraft system and that is intended to cause bodily injury
or death, or damage to, or the destruction of, real or personal
property.
   14354.  All unmanned aircraft systems shall be operated so as to
minimize the collection of images, footage, or data of persons,
places, or things not specified with particularity in the warrant
authorizing the use of an unmanned aircraft system, or, if no warrant
was obtained, for purposes unrelated to the justification for the
operation.
   14355.  (a) This title is not intended to conflict with or
supersede federal law, including rules and regulations of the Federal
Aviation Administration.
   (b) A local legislative body may adopt more restrictive policies
on the acquisition or use of unmanned aircraft systems.
   14356.  For the purposes of this title, the following definitions
shall apply:
   (a) "Criminal intelligence" means information compiled, analyzed,
or disseminated in an effort to anticipate, prevent, monitor, or
investigate criminal activity.
   (b) "Law enforcement agency" means the Attorney General of the
State of California, each district attorney, and each agency of the
State of California authorized by statute to investigate or prosecute
law violators.
   (c) "Public agency" means and includes each state agency and each
local agency.
   (d)  "Unmanned aircraft system" means an unmanned aircraft and
associated elements, including communication links and the components
that control the unmanned aircraft, that are required for the pilot
in command to operate safely and efficiently in the national airspace
system.
   14357.  Except as provided in this title, the surveillance
restrictions on electronic devices described in Chapter 1.5
(commencing with Section 630) of Title 15 of Part 1 shall apply to
the use or operation of an unmanned aircraft system by a public
agency.  
  SEC. 3.    The Legislature finds and declares that
Section 1 of this act, which adds Section 6254.31 of the Government
Code, imposes a limitation on the public's right of access to the
meetings of public bodies or the writings of public officials and
agencies within the meaning of Section 3 of Article I of the
California Constitution. Pursuant to that constitutional provision,
the Legislature makes the following findings to demonstrate the
interest protected by this limitation and the need for protecting
that interest:
   In order to ensure the safety of persons involved in
investigations and to preserve the integrity of those investigations,
it is necessary that this act take effect. 
                                                           
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