Bill Text: CA AB14 | 2015-2016 | Regular Session | Amended


Bill Title: Unmanned aircraft: identification requirements.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2016-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB14 Detail]

Download: California-2015-AB14-Amended.html
BILL NUMBER: AB 14	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JANUARY 4, 2016
	AMENDED IN ASSEMBLY  MARCH 26, 2015
	AMENDED IN ASSEMBLY  FEBRUARY 12, 2015

INTRODUCED BY   Assembly Member Waldron
    (   Coauthors:  
Assembly Members   Brown  
  and Maienschein   ) 
    (   Coauthor:   Senator
  Nielsen   ) 

                        DECEMBER 1, 2014

   An act to add  and repeal Title 24 (commencing with
Section 110050) of the Government Code,    Division 16.8
(commencing with Section 39100) to the Vehicle Code,   relating
to unmanned  aircraft systems.   aircraft.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 14, as amended, Waldron. Unmanned  aircraft systems:
task force.   aircraft: identification requirements.
 
   Existing federal law, the Federal Aviation Administration
Modernization and Reform Act of 2012, provides for the integration of
civil and public unmanned aircraft systems, commonly known as
drones, into the national airspace system. Existing federal law
generally requires an aircraft to be registered with the Federal
Aviation Administration (FAA), prohibits a person from operating a
United States registered aircraft unless that aircraft displays
specified nationality and registration marks, and, unless authorized
by the FAA, prohibits a person from placing on any aircraft a design,
mark, or symbol that modifies or confuses those nationality and
registration marks.  
   This bill would require, beginning January 1, 2017, a person or
public or private entity that owns or operates an unmanned aircraft,
as defined, to place specified identifying information or digitally
store identifying information on that unmanned aircraft. The bill
would exempt model aircraft, as defined, from that requirement. The
bill would make a person or entity that violates that provision
liable for a civil fine not to exceed $2,500. The bill would
authorize the Attorney General, a district attorney, county counsel,
or a city attorney to bring an action to recover that fine, as
specified. 
   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 create the Unmanned Aircraft Systems Task Force,
comprised of 10 members, as provided. The bill would require the task
force to research, develop, and formulate a comprehensive policy for
unmanned aircraft systems. The task force would be required to
submit, among other things, a policy draft and suggested legislation
pertaining to unmanned aircraft systems to the Legislature and the
Governor throughout the term of the task force, on or before January
1, 2018. The bill would provide that these provisions are repealed on
January 1, 2022. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

   SECTION 1.    Division 16.8 (commencing  
with Section 39100) is added to the   Vehicle Code 
 , to read:  

      DIVISION 16.8  Unmanned Aircraft


   39100.  For the purposes of this division, both of the following
definitions shall apply:
   (a) "Unmanned aircraft" means an aircraft that is operated without
the possibility of direct human intervention from within or on the
aircraft.
   (b) "Model aircraft" means an unmanned aircraft that is all of the
following:
   (1) Capable of sustained flight in the atmosphere.
   (2) Flown within visual line of sight of the person operating the
aircraft.
   (3) Flown strictly for hobby or recreational purposes.
   (4) Does not weigh more than 55 pounds.
   39101.  (a) Beginning January 1, 2017, a person or public or
private entity that owns or operates an unmanned aircraft that is not
a model aircraft within this state shall do any of the following:
   (1) Legibly and permanently affix, stamp, or mark on the unmanned
aircraft, in a size that can be read by the naked eye without the use
of magnification, identifying information that indicates each of the
following:
   (A) The name of the owner of the unmanned aircraft.
   (B) The residential or business address of the owner of the
unmanned aircraft.
   (C) The telephone number of the owner of the unmanned aircraft.
   (2) Store the information specified in paragraph (1) in a digital
format on the unmanned aircraft. The digital information shall be
stored in a manner that is readily accessible and retrievable.
   (3) Legibly and permanently affix, stamp, or mark on the unmanned
aircraft, in a size that can be read by the naked eye without the use
of magnification, an address for an active Internet Web site that
lists the information specified in paragraph (1).
   (b) If a person or public or private entity that owns or operates
an unmanned aircraft affixes, stamps, or marks on the unmanned
aircraft pursuant to paragraph (1) of subdivision (a), the person or
public or private entity shall do so in a way that does not modify or
confuse the nationality or registration marks required by the
Federal Aviation Administration.
   39102.  A person or public or private entity that violates the
provisions of Section 39101 shall be liable for a civil fine not to
exceed two thousand five hundred dollars ($2,500). A proceeding to
recover the civil fines specified in this section may be brought in
any court of competent jurisdiction by the Attorney General, a
district attorney, county counsel, or a city attorney. Revenue from
any fines collected pursuant to this section shall be deposited into
the general fund for the city, county, or city and county, that
brought the case, or, if brought by the Attorney General, the General
Fund of this state.
   39103.  This division is not intended to conflict with or
supersede federal law, including rules and regulations of the Federal
Aviation Administration.  
  SECTION 1.    Title 24 (commencing with Section
110050) is added to the Government Code, to read:

      TITLE 24.  Unmanned Aircraft Systems Task Force


   110050.  (a) The Legislature finds and declares that there is a
need for California to have in place a comprehensive policy for the
operation of unmanned aircraft systems, and a desire to work with the
Federal Aviation Administration (FAA) in the development of and
within the guidelines of the FAA as they are put in place.
   (b) It is the intent of the Legislature in enacting this title
that a task force be created to advise the Governor, the Governor's
Office of Business and Economic Development, and the Legislature in
formulating a comprehensive policy for the state regarding unmanned
aircraft systems, including, but not limited to, operating as an
ongoing working group reporting ongoing activity, commenting on FAA
policy development, and anticipating and recognizing California's
unique needs for high technology, aerospace, commercial, agricultural
and public safety uses.
   110051.  (a) There is hereby created the Unmanned Aircraft Systems
Task Force which shall operate for two years, until January 1, 2018.

   (b) The task force shall take all actions necessary to research,
develop, and formulate a comprehensive policy for unmanned aircraft
systems, to promote aviation, aerospace, agricultural, public safety
and technology industry uses throughout the state, through the
commercialization of aviation, aerospace, and technology products and
ideas, including, but not limited to, all of the following:
   (1) Review regulations and guidance from the FAA regarding
unmanned aircraft systems and incorporate them into a state policy
draft and advise the Governor, the Governor's Office of Business and
Economic Development, and the Legislature on an on-going basis
regarding FAA policy development, task force activities, and public
comment regarding the development of the FAA guidelines to coincide
with the needs of California.
   (2) Provide written recommendations, together with suggested
legislation, for a comprehensive state policy for unmanned aircraft
systems that allows the use of unmanned aircraft systems for public
and private applications.
    (3) Study the private use of unmanned aircraft systems to
encourage development of the unmanned aircraft systems industry in
the private sector.
   (4) Evaluate complaints and concerns that are expressed to the
task force regarding the use of unmanned aircraft systems.
   (5) Study and make recommendations with respect to ensuring that
unmanned aircraft systems users comply with applicable laws, and
assess implementation plans and results.
   (6) Encourage communication and resource sharing among individuals
and organizations involved in the aviation, aerospace, agriculture,
government, and technology industry, including business, the
military, and academia.
   110052.  (a) Any written recommendations, suggested legislation,
or other drafts or documents required to be prepared pursuant to
Section 110051 shall be submitted to the Legislature and the Governor
throughout the term of the task force, or before January 1, 2018.
   (b) The materials described in subdivision (a) shall be submitted
in compliance with Section 9795.
   110053.  The task force shall consist of 10 members, as follows,
who shall serve a two-year term:
   (a) The Adjutant General of the Military Department, or his or her
designee, shall be an ex officio member of the task force.
   (b) Three members appointed by the Governor:
   (1) A member representing the California University System.
   (2) A member representing agriculture.
   (3) A member from the Governor's economic development group.
   (c) Three members appointed by the Senate Committee on Rules:
   (1) A member representing the aerospace industry.
   (2) A member representing the Academy of Model Aeronautics.
   (3) A member representing law enforcement.
   (d) Three members appointed by the Speaker of the Assembly:
   (1) A member representing business and industry.
   (2) Two public members who have participated in the unmanned
aircraft system industry and who have experience operating unmanned
aircraft systems.
   110054.  (a) The task force may meet as frequently as necessary to
carry out its responsibilities.
   (b) The members of the task force shall serve without
compensation, but shall receive a per diem of one hundred dollars
($100) and reimbursement for actual and necessary expenses incurred
in connection with the performance of their duties.
   110055.  The task force may appoint an executive director, who may
employ staff upon approval by the task force.
   110056.  The task force shall be funded by an appropriation in the
annual Budget Act.
   110067.  This title shall remain in effect only until January 1,
2022, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2022, deletes or extends
that date.                             
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