Bill Text: CA SB807 | 2015-2016 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Unmanned aircraft systems.

Spectrum: Slight Partisan Bill (Republican 12-4)

Status: (Passed) 2016-09-29 - Chaptered by Secretary of State. Chapter 834, Statutes of 2016. [SB807 Detail]

Download: California-2015-SB807-Amended.html

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BILL NUMBER: SB 807	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 21, 2016
	AMENDED IN ASSEMBLY  MAY 27, 2016
	AMENDED IN SENATE  MARCH 17, 2016

INTRODUCED BY   Senator Gaines
   (Principal coauthor: Assembly Member Gatto)
   (Coauthors: Senators Anderson, Bates, Berryhill, Cannella, Fuller,
Leno, and Roth)
   (Coauthors: Assembly Members Baker, Brough, Chang, Lackey,
Obernolte, and Steinorth)

                        JANUARY 4, 2016

   An act to add Section 43.101 to the Civil Code, and 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 unmanned aircraft systems.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 807, as amended, Gaines. Unmanned aircraft systems.
   (1) 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 a paid or 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   damage 
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.
   (2) 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 of a
public entity or public employee for damage to an unmanned aircraft
or unmanned aircraft system, if the damage was caused while the
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
bill would specify that this immunity is in addition to any other
immunity provided to a public entity or public employee under law.

   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.  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 that
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 an 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.
  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.  UNMANNED AIRCRAFT


   853.  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 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) 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. 
   853.1.  The immunity provided by this chapter is in addition to
any other immunity provided to a public entity or public employee
under law. 
   853.5.  The following definitions shall apply to this chapter:
   (a) "Unmanned aircraft" means an aircraft that is operated without
the possibility of direct human intervention from within or on the
aircraft.
   (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.