Bill Text: CA SB142 | 2015-2016 | Regular Session | Enrolled

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Bill Title: Civil law: unmanned aerial vehicles.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Vetoed) 2016-04-20 - Last day to consider Governors veto pursuant to Joint Rule 58.5. [SB142 Detail]

Download: California-2015-SB142-Enrolled.html

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BILL NUMBER: SB 142	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 27, 2015
	PASSED THE ASSEMBLY  AUGUST 24, 2015
	AMENDED IN ASSEMBLY  JUNE 30, 2015
	AMENDED IN ASSEMBLY  JUNE 3, 2015
	AMENDED IN SENATE  APRIL 14, 2015

INTRODUCED BY   Senator Jackson
   (Principal coauthor: Assembly Member Calderon)

                        JANUARY 26, 2015

   An act to add Section 1708.83 to the Civil Code, and to amend
Section 21012 of the Public Utilities Code, relating to civil law.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 142, Jackson. Civil law: unmanned aerial vehicles.
   Existing federal law, the FAA 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.
   Existing law deems the detriment caused by wrongful occupation of
real property to be the value of the use of the property for the time
of the wrongful occupation, the reasonable cost of repair or
restoration of the property, and the costs of recovering the
possession.
   This bill would extend liability for wrongful occupation of real
property and damages to a person who operates an unmanned aircraft or
unmanned aircraft system, as defined, less than 350 feet above
ground level within the airspace overlaying the real property,
without the express permission of the person or entity with the legal
authority to grant access or without legal authority.



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

  SECTION 1.  Section 1708.83 is added to the Civil Code, to read:
   1708.83.  (a) A person wrongfully occupies real property and is
liable for damages pursuant to Section 3334 if, without express
permission of the person or entity with the legal authority to grant
access or without legal authority, he or she operates an unmanned
aircraft or unmanned aircraft system less than 350 feet above ground
level within the airspace overlaying the real property.
   (b) For purposes of this section:
   (1) "Unmanned aircraft" means an aircraft that is operated without
the possibility of direct human intervention from within or on the
aircraft.
   (2) "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.
   (c) This section shall not be construed to impair or limit any
otherwise lawful activities of law enforcement personnel or employees
of governmental agencies or other public or private entities that
may have the right to enter land by operating an unmanned aircraft or
unmanned aircraft system within the airspace overlaying the real
property of another, including the right to use private lands
acquired pursuant to subdivision (d) of Section 1009.
   (d) Nothing in this section is intended to limit the rights and
defenses available at common law under a claim of liability for
wrongful occupation of real property.
  SEC. 2.  Section 21012 of the Public Utilities Code is amended to
read:
   21012.  "Aircraft" means any manned contrivance used or designed
for navigation of, or flight in, the air requiring certification and
registration as prescribed by federal statute or regulation.
Notwithstanding the foregoing provisions of this section, manned
lighter-than-air balloons and ultralight vehicles as defined in the
regulations of the Federal Aviation Administration (14 C.F.R. Part
103), whether or not certificated by the Federal Aviation
Administration, shall not be considered to be aircraft for purposes
of this part. "Aircraft" shall not include an unmanned aircraft that
is operated without the possibility of direct human intervention from
within or on the aircraft.