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 ASSEMBLY  SEPTEMBER 10, 2015
	AMENDED IN SENATE  AUGUST 24, 2015
	AMENDED IN SENATE  AUGUST 17, 2015

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

                        FEBRUARY 5, 2015

   An act  to add Section 43.101 to the Civil Code,   to add
Chapter 4.5 (commencing with Section 853) to Part 2 of Division 3.6
of Title 1 of the Government Code, 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. Unmanned aircraft systems. 
    Existing 
    (1)     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  
   (2) Existing law provides certain individuals with immunity from
civil liability under specific circumstances, including, among
others, limiting the civil liability of a person who in good faith,
and not for compensation, renders emergency medical or nonmedical
care at the scene of an emergency, as specified.  
   This bill would further limit the exposure to civil liability of
an emergency responder, defined as an unpaid volunteer or private
entity acting within the scope of authority implicitly or expressly
provided by a public entity or a public employee to provide emergency
services, for damages to an unmanned aircraft or unmanned aircraft
system, if the damage was caused while the emergency responder was
performing specific emergency services and the unmanned aircraft or
unmanned aircraft system was interfering with the provision of those
emergency services. 
    (3)     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  civil 
liability  by an emergency responder, defined to include
  of  a public  entity,  
entity or  public  employee, and an unpaid volunteer, as
specified,   employee  for  damages
  damage  to an  unmanned aircraft or 
unmanned aircraft system, if the damage was caused while the 
emergency responder   public entity or public employee
 was performing specific emergency services and the 
unmanned aircraft or  unmanned aircraft system was interfering
with the provision of those emergency services. 
   The 
    (4)     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 
    (5)     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: yes.


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

   SECTION 1.    Section 43.101 is added to the 
 Civil Code   , to read:  
   43.101.  (a) An emergency responder shall not be liable for any
damage to an unmanned aircraft or unmanned aircraft system, if the
damage was caused while the emergency responder was providing, and
the unmanned aircraft or unmanned aircraft system was interfering
with, the operation, support, or enabling of the emergency services
listed in Section 853 of the Government Code.
   (b) (1) For purposes of this section, "emergency responder" means
either of the following, if acting within the scope of authority
implicitly or expressly provided by a public entity or a public
employee to provide emergency services:
   (A) A paid or unpaid volunteer.
   (B) A private entity.
   (2) All of the following terms shall have the same meaning as the
terms as used in Chapter 4.5 (commencing with Section 853) of Part 2
of Division 3.6 of Title 1 of the Government Code:
   (A) Public employee.
   (B) Public entity.
   (C) Unmanned aircraft.
   (D) Unmanned aircraft system. 
   SECTION 1.   SEC. 2.   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  
UNMANNED AIRCRAFT 


   853.   An emergency responder   A public
entity or public employee  shall not be liable for any damage to
an  unmanned aircraft or  unmanned aircraft system, if the
damage was caused while the  emergency responder 
 public entity or public employee  was providing, and the
 unmanned aircraft or  unmanned aircraft system was
interfering with, the operation, support, or enabling of any of the
following emergency services:
   (a)  Ambulance   Emergency medical services
or ambulance transport  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, acting within the scope of
authority implicitly or expressly provided by a public entity or
public employee to respond to an emergency situation. 

   (b) 
    (a)  "Unmanned aircraft" means an aircraft that is
operated without the possibility of direct human intervention from
within or on the aircraft. 
   (c) 
    (b)  "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.   SEC. 3.   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.   SEC. 4.   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. 4.   SEC. 5.   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  and unmanned
aircraft systems  with efforts to fight fires and to keep fires
from raging out of control during this historic drought, and to
protect  public and private  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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