BILL NUMBER: SB 807 CHAPTERED
BILL TEXT
CHAPTER 834
FILED WITH SECRETARY OF STATE SEPTEMBER 29, 2016
APPROVED BY GOVERNOR SEPTEMBER 29, 2016
PASSED THE SENATE AUGUST 29, 2016
PASSED THE ASSEMBLY AUGUST 22, 2016
AMENDED IN ASSEMBLY AUGUST 18, 2016
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, Cooley, 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, 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 local public entity or a public employee of a
local public entity to provide emergency services, for 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," "local
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
local public entity or public employee of a local public entity for
damage to an unmanned aircraft or unmanned aircraft system, if the
damage was caused while the local public entity or public employee of
a local public entity 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 local public entity or public employee of a local
public entity under law.
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 local public entity or a public
employee of a local public entity 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) Local public entity.
(B) Public employee of a local 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 local public entity or public employee of a local public
entity shall not be liable for any damage to an unmanned aircraft or
unmanned aircraft system, if the damage was caused while the local
public entity or public employee of a local public entity 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 local public entity or public
employee of a local public entity 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.