Bill Text: CA SB168 | 2015-2016 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Unmanned aircraft systems.

Spectrum: Slight Partisan Bill (Republican 20-8-1)

Status: (Vetoed) 2016-04-25 - Last day to consider Governors veto pursuant to Joint Rule 58.5. [SB168 Detail]

Download: California-2015-SB168-Amended.html
BILL NUMBER: SB 168	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 24, 2015
	AMENDED IN SENATE  AUGUST 17, 2015

INTRODUCED BY    Senator   Gaines 
 Senators   Gaines   and Jackson 
   (Principal coauthor: Assembly Member Gatto)
    (   Coauthors:   Senators  
Anderson,   Bates,   Berryhill,  
Cannella,   Fuller,   Huff,   McGuire,
  Morrell,   Nielsen,   Roth,  
and Runner   ) 
   (  Coauthor:   Assembly Member 
 Mayes   Coauthors:   Assembly Members
  Travis Allen,   Bigelow,   Brown, 
 Chávez,   Cooper,   Dahle,   Beth
Gaines,   Jones,   Lackey,   Mathis, 
 Obernolte,   and Rodriguez  )

                        FEBRUARY 5, 2015

   An act to add Chapter 4.5 (commencing with Section 853) to Part 2
of Division 3.6 of Title 1 of the Government Code,   relating
to immunity from civil liability,   and to add Section
402.5 to the Penal Code, relating to unmanned aircraft systems, 
and declaring the urgency thereof, to take effect immediately.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 168, as amended, Gaines.  Immunity from civil
liability: emergency responders: unmanned aircraft systems. 
 Unmanned aircraft systems.  
   Existing law makes it a misdemeanor to engage in disorderly
conduct that delays or prevents a fire from being timely extinguished
or to resist or interfere with the lawful efforts of a firefighter
in the discharge of an official duty. Existing law makes it a
misdemeanor to impede police officers, firefighters, emergency
personnel, or military personnel in the performance of their duties
in coping with an emergency.  
   This bill would make it unlawful to knowingly, intentionally, or
recklessly operate an unmanned aircraft or unmanned aircraft system,
as defined, in a manner that prevents or delays the extinguishment of
a fire, or in any way interferes with the efforts of firefighters to
control, contain, or extinguish a fire. The bill would make a
violation of this prohibition punishable by imprisonment in a county
jail not to exceed 6 months, by a fine not to exceed $5,000, or by
both that fine and imprisonment. By creating a new crime, this bill
would impose a state-mandated local program. 
   The Government Claims Act sets forth the general procedure for the
presentation of a claim as a prerequisite to the commencement of an
action for money or damages against a "public entity" or a "public
employee," and defines those terms for its purposes. The act
prohibits liability against a public entity or public employee for,
among other things, certain acts relating to the provision of fire
protection and police and correctional activities, as specified.
   This bill would further limit the exposure to liability by an
emergency responder, defined to include a public entity, public
employee, and an unpaid volunteer, as specified, for damages to an
unmanned aircraft system, if the damage was caused while the
emergency responder was performing specific emergency services and
the unmanned aircraft system was interfering with the provision of
those emergency services. 
   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. 
   This bill would declare that it is to take effect immediately as
an urgency statute.
   Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program:  no   yes  .


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

  SECTION 1.  Chapter 4.5 (commencing with Section 853) is added to
Part 2 of Division 3.6 of Title 1 of the Government Code, to read:
      CHAPTER 4.5.  EMERGENCY RESPONDERS


   853.  An emergency responder shall not be liable for any damage to
an unmanned aircraft system, if the damage was caused while the
emergency responder was providing, and the unmanned aircraft system
was interfering with, the operation, support, or enabling of any of
the following emergency services:
   (a) Ambulance services, including, but not limited to, air
ambulance services.
   (b) Firefighting or firefighting-related services, including, but
not limited to, air services related to firefighting or
firefighting-related services.
   (c) Search and rescue services, including, but not limited to, air
search and rescue services.
   853.5.  The following definitions shall apply to this chapter:
   (a) "Emergency responder" means a public entity,  a 
public employee, or an unpaid  volunteer  
volunteer,  acting within the scope of authority implicitly or
expressly provided by a public entity or public employee to respond
to an emergency situation.
   (b) "Unmanned aircraft" means an aircraft that is operated without
the possibility of direct human intervention from within or on the
aircraft.
   (c) "Unmanned aircraft system" means an unmanned aircraft and
associated elements, including, but not limited to, 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.
   SEC. 2.    Section 402.5 is added to the  
Penal Code   , to read:  
   402.5.  (a) It is unlawful to knowingly, intentionally, or
recklessly operate an unmanned aircraft or unmanned aircraft system
in a manner that prevents or delays the extinguishment of a fire, or
in any way interferes with the efforts of firefighters to control,
contain, or extinguish a fire, including, but not limited to, efforts
to control, contain, or extinguish the fire from the air. A
violation of this section is punishable by imprisonment in a county
jail not to exceed six months, by a fine not to exceed five thousand
dollars ($5,000), or by both that imprisonment and fine.
   (b) (1) For purposes of this section, "unmanned aircraft" means an
aircraft that is operated without the possibility of direct human
intervention from within or on the aircraft.
   (2) For purposes of this section, "unmanned aircraft system" means
an unmanned aircraft and associated elements, including, but not
limited to, communication links and the components that control the
unmanned aircraft that are required for the individual in command to
operate safely and efficiently in the national airspace system.
   (3) For purposes of this section, "recklessly" means a person is
aware of and consciously disregards a substantial and unjustifiable
risk that his or her act will prevent or delay the extinguishment of
a fire, or in any way interfere with the efforts of firefighters to
control, contain, or extinguish a fire, including, but not limited
to, efforts to control, contain, or extinguish the fire from the air.
The risk shall be of such nature and degree that disregard of that
risk constitutes a gross deviation from the standard of conduct that
a reasonable person would observe in the situation. A person who
creates such a risk but is unaware of that risk solely by reason of
voluntary intoxication also acts recklessly for purposes of this
section. 
   SEC. 3.    No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution. 
   SEC. 2.   SEC. 4.   This act is an
urgency statute necessary for the immediate preservation of the
public peace, health, or safety within the meaning of Article IV of
the Constitution and shall go into immediate effect. The facts
constituting the necessity are:
   To  address the interference of unmanned aircraft with efforts
to fight fires and to keep fires from raging out of control during
this historic drought, and to  protect emergency responders who
are providing specific critical emergency services from potential
civil liability relating to the new and increasing proliferation of
unmanned aircraft systems that disrupt the provision of those
emergency services, it is necessary that this act take effect
immediately.                                 
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