Bill Text: CA AB56 | 2015-2016 | Regular Session | Amended

California Assembly Bill 56 (Prior Session Legislation)

Bill Title: Budget Act of 2016.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Failed) 2016-11-30 - From Senate committee without further action. [AB56 Detail]

Download: California-2015-AB56-Amended.html

BILL NUMBER: AB 56	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 19, 2016
	AMENDED IN SENATE  SEPTEMBER 4, 2015
	AMENDED IN SENATE  SEPTEMBER 1, 2015
	AMENDED IN SENATE  JULY 16, 2015
	AMENDED IN SENATE  JULY 7, 2015
	AMENDED IN SENATE  JUNE 24, 2015
	AMENDED IN ASSEMBLY  APRIL 22, 2015
	AMENDED IN ASSEMBLY  APRIL 8, 2015

INTRODUCED BY   Assembly Member Quirk
    (   Principal coauthor: 
 Assembly Member   Campos  
) 

                        DECEMBER 2, 2014

   An act to  add Title 14 (commencing with Section 14350) to
Part 4 of the Penal Code, relating to unmanned aircraft systems.
  amend the Budget Act of 2016 (Chapter 23 of the
Statutes of 2016) by reappropriating funds from Item 2240-101-6038 of
the Budget Act of 2011 (Chapter 33 of the Statutes of 2011),
relating to the state budget, and making an appropriation therefor,
to take effect immediately, budget bill. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 56, as amended, Quirk.  Unmanned aircraft systems.
  Budget Act of 2016.  
   The Budget Act of 2011 appropriated $17,000,000 to the Department
of Housing and Community Development from the Building Equity and
Growth in Neighborhoods Fund. The funds were available for
liquidation of encumbrances until June 30, 2016.  
   This bill would amend the Budget Act of 2016 to reappropriate and
encumber the funds from the Building Equity and Growth in
Neighborhoods Fund that were encumbered as of June 29, 2016, but that
were not liquidated on or before June 30, 2016, for the same
purposes that the funds are encumbered for as of June 29, 2016. This
bill would make the funds available for liquidation of encumbrances
until June 30, 2018.  
   This bill would declare that it is to take effect immediately as a
Budget Bill. 
   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 law enforcement agencies from
using unmanned aircraft systems, obtaining an unmanned aircraft
system from another public agency by contract, loan, or other
arrangement, or using information obtained from an unmanned aircraft
system used by another public agency, except as provided by the bill'
s provisions. The bill would authorize a law enforcement agency to
use an unmanned aircraft system if the law enforcement agency
complies with specified requirements, including, among others, that
before the use of an unmanned aircraft system, the law enforcement
agency develops, makes available to the public, and, at least once
every 3 years, reviews, a policy on the use of an unmanned aircraft
system, as provided, and that the law enforcement agency complies
with all applicable federal, state, and local law and the unmanned
aircraft system policy developed by the law enforcement agency
pursuant to the bill's provisions. The bill would require a law
enforcement agency that uses an unmanned aircraft system to ensure
that information and data gathered through the use of the system is
protected with reasonable operational, administrative, technical, and
physical safeguards, and to implement and maintain reasonable
security procedures and practices in order to protect information and
data gathered through the use of that system from unauthorized
access, destruction, use, modification, or disclosure. The bill would
prohibit a law enforcement agency from using an unmanned aircraft
system to surveil private property unless, among other
justifications, the law enforcement agency obtains a search warrant.
 
   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. 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 or directed from, an unmanned aircraft system and that is
intended to cause incapacitation, bodily injury or death, or damage
to, or the destruction of, real or personal property. By creating a
new crime, the bill would impose a state-mandated local program. The
bill would require a law enforcement agency that operates an unmanned
aircraft system to keep a record of the use of that system,
including information on whether a search warrant was sought before
the system was used, and, in situations where a warrant was sought,
whether the warrant was granted or denied. 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 law enforcement agency.  
   The bill would make its provisions applicable to all law
enforcement agencies and private entities when contracting with or
acting as the agent of a law enforcement agency for the use of an
unmanned aircraft system.  
   The bill would authorize an individual who has been harmed by a
violation of the bill's provisions to bring a civil action in any
court of competent jurisdiction against a person who knowingly caused
that violation, would authorize the court to award attorney's fees,
as specified, and would specify that the bill's provisions do not
impair or impede any other rights, causes of action, claims, or
defenses available under other law and that the remedies provided by
the bill's provisions are cumulative with any other remedies
available under other law.  
   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 no reimbursement is required by this
act for a specified reason. 
   Vote: majority. Appropriation:  no   yes
 . Fiscal committee: yes. State-mandated local program: 
yes   no  .


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

   SECTION 1.    The funds appropriated in Item
2240-101-6038 of the Budget Act of 2011 (Ch. 33, Stats. 2011) that
were encumbered as of June 29, 2016, but that were not liquidated on
or before June 30, 2016, are hereby reappropriated and encumbered for
the same purposes that the funds were encumbered for as of June 29,
2016. Notwithstanding Section 16304.1 of the Government Code, the
funds shall be available for liquidation of encumbrances until June
30, 2018. 
   SEC. 2.    This act is a Budget Bill within the
meaning of subdivision (e) of Section 12 of Article IV of the
California Constitution and shall take effect immediately.  All
matter omitted in this version of the bill appears in the bill as
amended in the Senate, September 4, 2016. (JR11)