Amended in Assembly January 4, 2016

Amended in Assembly March 26, 2015

Amended in Assembly February 12, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 14


Introduced by Assembly Member Waldron

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(Coauthors: Assembly Members Brown and Maienschein)

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(Coauthor: Senator Nielsen)

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December 1, 2014


An act to addbegin delete and repeal Title 24 (commencing with Section 110050) of the Government Code,end deletebegin insert Division 16.8 (commencing with Section 39100) to the Vehicle Code,end insert relating to unmannedbegin delete aircraft systems.end deletebegin insert aircraft.end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 14, as amended, Waldron. Unmannedbegin delete aircraft systems: task force.end deletebegin insert aircraft: identification requirements.end insert

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Existing federal law, the Federal Aviation Administration Modernization and Reform Act of 2012, provides for the integration of civil and public unmanned aircraft systems, commonly known as drones, into the national airspace system. Existing federal law generally requires an aircraft to be registered with the Federal Aviation Administration (FAA), prohibits a person from operating a United States registered aircraft unless that aircraft displays specified nationality and registration marks, and, unless authorized by the FAA, prohibits a person from placing on any aircraft a design, mark, or symbol that modifies or confuses those nationality and registration marks.

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This bill would require, beginning January 1, 2017, a person or public or private entity that owns or operates an unmanned aircraft, as defined, to place specified identifying information or digitally store identifying information on that unmanned aircraft. The bill would exempt model aircraft, as defined, from that requirement. The bill would make a person or entity that violates that provision liable for a civil fine not to exceed $2,500. The bill would authorize the Attorney General, a district attorney, county counsel, or a city attorney to bring an action to recover that fine, as specified.

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Existing federal law, the Federal Aviation Administration 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.

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This bill would create the Unmanned Aircraft Systems Task Force, comprised of 10 members, as provided. The bill would require the task force to research, develop, and formulate a comprehensive policy for unmanned aircraft systems. The task force would be required to submit, among other things, a policy draft and suggested legislation pertaining to unmanned aircraft systems to the Legislature and the Governor throughout the term of the task force, on or before January 1, 2018. The bill would provide that these provisions are repealed on January 1, 2022.

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Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1begin insert

begin insertSECTION 1.end insert  

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begin insertDivision 16.8 (commencing with Section 39100)
2is added to the end insert
begin insertVehicle Codeend insertbegin insert, to read:end insert

begin insert

3 

4Division begin insert16.8end insert  Unmanned Aircraft

5

 

6

begin insert39100.end insert  

For the purposes of this division, both of the following
7definitions shall apply:

8(a) “Unmanned aircraft” means an aircraft that is operated
9without the possibility of direct human intervention from within
10or on the aircraft.

P3    1(b) “Model aircraft” means an unmanned aircraft that is all of
2the following:

3(1) Capable of sustained flight in the atmosphere.

4(2) Flown within visual line of sight of the person operating the
5aircraft.

6(3) Flown strictly for hobby or recreational purposes.

7(4) Does not weigh more than 55 pounds.

8

begin insert39101.end insert  

(a) Beginning January 1, 2017, a person or public or
9private entity that owns or operates an unmanned aircraft that is
10not a model aircraft within this state shall do any of the following:

11(1) Legibly and permanently affix, stamp, or mark on the
12unmanned aircraft, in a size that can be read by the naked eye
13without the use of magnification, identifying information that
14indicates each of the following:

15(A) The name of the owner of the unmanned aircraft.

16(B) The residential or business address of the owner of the
17unmanned aircraft.

18(C) The telephone number of the owner of the unmanned
19aircraft.

20(2) Store the information specified in paragraph (1) in a digital
21format on the unmanned aircraft. The digital information shall be
22stored in a manner that is readily accessible and retrievable.

23(3) Legibly and permanently affix, stamp, or mark on the
24unmanned aircraft, in a size that can be read by the naked eye
25without the use of magnification, an address for an active Internet
26Web site that lists the information specified in paragraph (1).

27(b) If a person or public or private entity that owns or operates
28an unmanned aircraft affixes, stamps, or marks on the unmanned
29aircraft pursuant to paragraph (1) of subdivision (a), the person
30or public or private entity shall do so in a way that does not modify
31or confuse the nationality or registration marks required by the
32 Federal Aviation Administration.

33

begin insert39102.end insert  

A person or public or private entity that violates the
34provisions of Section 39101 shall be liable for a civil fine not to
35exceed two thousand five hundred dollars ($2,500). A proceeding
36to recover the civil fines specified in this section may be brought
37in any court of competent jurisdiction by the Attorney General, a
38district attorney, county counsel, or a city attorney. Revenue from
39any fines collected pursuant to this section shall be deposited into
40the general fund for the city, county, or city and county, that
P4    1brought the case, or, if brought by the Attorney General, the
2General Fund of this state.

3

begin insert39103.end insert  

This division is not intended to conflict with or
4supersede federal law, including rules and regulations of the
5Federal Aviation Administration.

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6

SECTION 1.  

Title 24 (commencing with Section 110050) is
7added to the Government Code, to read:

8 

9Title 24.  Unmanned Aircraft Systems Task
10Force

11

 

12

110050.  

(a) The Legislature finds and declares that there is a
13need for California to have in place a comprehensive policy for
14the operation of unmanned aircraft systems, and a desire to work
15with the Federal Aviation Administration (FAA) in the
16development of and within the guidelines of the FAA as they are
17put in place.

18(b) It is the intent of the Legislature in enacting this title that a
19task force be created to advise the Governor, the Governor’s Office
20of Business and Economic Development, and the Legislature in
21formulating a comprehensive policy for the state regarding
22unmanned aircraft systems, including, but not limited to, operating
23as an ongoing working group reporting ongoing activity,
24commenting on FAA policy development, and anticipating and
25recognizing California’s unique needs for high technology,
26aerospace, commercial, agricultural and public safety uses.

27

110051.  

(a) There is hereby created the Unmanned Aircraft
28Systems Task Force which shall operate for two years, until
29January 1, 2018.

30(b) The task force shall take all actions necessary to research,
31develop, and formulate a comprehensive policy for unmanned
32aircraft systems, to promote aviation, aerospace, agricultural, public
33safety and technology industry uses throughout the state, through
34the commercialization of aviation, aerospace, and technology
35products and ideas, including, but not limited to, all of the
36following:

37(1) Review regulations and guidance from the FAA regarding
38unmanned aircraft systems and incorporate them into a state policy
39draft and advise the Governor, the Governor’s Office of Business
40and Economic Development, and the Legislature on an on-going
P5    1basis regarding FAA policy development, task force activities, and
2public comment regarding the development of the FAA guidelines
3to coincide with the needs of California.

4(2) Provide written recommendations, together with suggested
5legislation, for a comprehensive state policy for unmanned aircraft
6systems that allows the use of unmanned aircraft systems for public
7and private applications.

8 (3) Study the private use of unmanned aircraft systems to
9encourage development of the unmanned aircraft systems industry
10in the private sector.

11(4) Evaluate complaints and concerns that are expressed to the
12task force regarding the use of unmanned aircraft systems.

13(5) Study and make recommendations with respect to ensuring
14that unmanned aircraft systems users comply with applicable laws,
15and assess implementation plans and results.

16(6) Encourage communication and resource sharing among
17individuals and organizations involved in the aviation, aerospace,
18agriculture, government, and technology industry, including
19business, the military, and academia.

20

110052.  

(a) Any written recommendations, suggested
21legislation, or other drafts or documents required to be prepared
22pursuant to Section 110051 shall be submitted to the Legislature
23and the Governor throughout the term of the task force, or before
24January 1, 2018.

25(b) The materials described in subdivision (a) shall be submitted
26in compliance with Section 9795.

27

110053.  

The task force shall consist of 10 members, as follows,
28who shall serve a two-year term:

29(a) The Adjutant General of the Military Department, or his or
30her designee, shall be an ex officio member of the task force.

31(b) Three members appointed by the Governor:

32(1) A member representing the California University System.

33(2) A member representing agriculture.

34(3) A member from the Governor’s economic development
35group.

36(c) Three members appointed by the Senate Committee on
37Rules:

38(1) A member representing the aerospace industry.

39(2) A member representing the Academy of Model Aeronautics.

40(3) A member representing law enforcement.

P6    1(d) Three members appointed by the Speaker of the Assembly:

2(1) A member representing business and industry.

3(2) Two public members who have participated in the unmanned
4aircraft system industry and who have experience operating
5unmanned aircraft systems.

6

110054.  

(a) The task force may meet as frequently as necessary
7to carry out its responsibilities.

8(b) The members of the task force shall serve without
9compensation, but shall receive a per diem of one hundred dollars
10($100) and reimbursement for actual and necessary expenses
11incurred in connection with the performance of their duties.

12

110055.  

The task force may appoint an executive director, who
13may employ staff upon approval by the task force.

14

110056.  

The task force shall be funded by an appropriation in
15the annual Budget Act.

16

110067.  

This title shall remain in effect only until January 1,
172022, and as of that date is repealed, unless a later enacted statute,
18that is enacted before January 1, 2022, deletes or extends that date.

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