BILL ANALYSIS Ó AB 56 Page 1 ASSEMBLY THIRD READING AB 56 (Quirk) As Amended April 22, 2015 Majority vote ------------------------------------------------------------------- |Committee |Votes |Ayes |Noes | | | | | | | | | | | |----------------+------+--------------------+----------------------| |Public Safety |6-0 |Quirk, Melendez, | | | | | | | | | | | | | | |Jones-Sawyer, | | | | |Lackey, Low, | | | | |Santiago | | | | | | | |----------------+------+--------------------+----------------------| |Privacy |9-1 |Gatto, Wilk, |Baker | | | |Calderon, Chang, | | | | |Chau, Dababneh, | | | | |Dahle, Gordon, Low | | | | | | | |----------------+------+--------------------+----------------------| |Appropriations |17-0 |Gomez, Bigelow, | | | | |Bloom, Bonta, | | | | |Calderon, Chang, | | | | |Daly, Eggman, | | | | |Gallagher, Eduardo | | | | |Garcia, Holden, | | | | |Jones, Quirk, | | AB 56 Page 2 | | |Rendon, Wagner, | | | | |Weber, Wood | | | | | | | | | | | | ------------------------------------------------------------------- SUMMARY: Regulates the use of unmanned aircraft systems (UAS) by public agencies. Specifically, this bill: 1)Defines "UAS" as an unmanned aircraft and associated elements, including 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. 2)Prohibits a public agency from using an UAS, or contracting for the use of an UAS, except as provided in the provisions of this bill. 3)States that a law enforcement agency may use an UAS if the law enforcement agency complies with all of the following: a) Protections against unreasonable searches guaranteed by the United States Constitution and the California Constitution. b) Federal law applicable to the use of an UAS by an agency, including, but not limited to, regulations of the Federal Aviation Administration (FAA). c) State law applicable to any agency's use of surveillance technology that can be attached to an UAS. d) The law enforcement agency shall obtain prior approval from the legislative body having management and control of the agency. AB 56 Page 3 e) If the use of an UAS by a local law enforcement agency may involve the systematic collection of images from an adjacent county, city, or city and county, the law enforcement agency shall obtain approval from the local legislative body of that county, city, or city and county. f) The agency shall develop and make available to the public a policy on the use of an UAS and shall train the law enforcement agency's officers and employees on the policy, prior to the use of the UAS. 4)States that a local legislative body that considers approving the use of an UAS for use by a law enforcement agency to gather information pursuant to this section shall provide an opportunity for public comment at a regularly scheduled public meeting of the body before granting approval. 5)Specifies that the approval granted by a local legislative body pursuant to this section shall specify, at a minimum, the circumstances under which an UAS may be used and the time limits applicable to each circumstance. 6)Prohibits a law enforcement agency from using an UAS to surveil private property unless the law enforcement agency complies with the requirements under this bill, and has either obtained a search warrant based on probable cause, or the express permission of the person or entity to grant access to the specific private property to be subjected to surveillance. 7)Allows a law enforcement agency to use an UAS to surveil private property if an exigent circumstance exists, including but not limited to: a) In emergency situations if there is an imminent threat to AB 56 Page 4 life or of great bodily harm, including, but not limited to fires, hostage crises, "hot pursuit" situations if reasonably necessary to prevent harm to law enforcement officers or others; and search and rescue operations on land or water; b) To assess the necessity of first responders and process scenes in situations relating to traffic accidents; c) To document traffic collision and crime scenes; d) To inspect state parks and wilderness areas for illegal vegetation or fires regardless of permanent improvements or temporary human habitation; and, e) To determine the appropriate response to an imminent or existing environmental emergency or disaster, including, but not limited to, oils spills or chemical spills. 8)Allows a public agency, other than a law enforcement agency, to use an UAS, or contract for the use of an UAS, to achieve the core mission of the agency provided that the purpose is unrelated to the gathering of criminal intelligence. 9)States that a public agency that is not primarily a law enforcement agency, but that employs peace officers or performs functions related to criminal investigations, may use an UAS without obtaining a warrant to achieve the core mission of the agency, provided that the purpose is unrelated to the gathering of criminal intelligence, and that the images, footage, or data are not used for any purpose other than that for which it was collected. 10)Defines "criminal intelligence" as information compiled, analyzed, or disseminated in an effort to anticipate, prevent, monitor, or investigate criminal activity. AB 56 Page 5 11)Requires a public agency shall provide reasonable notice to the public that, at a minimum, consists of a one-time announcement regarding the agency's intent to deploy UAS technology and a description of the technology's capabilities to the public. 12)States that, except as permitted by the provisions in this bill, images, footage, or data obtained by a public agency, or any entity contracting with a public agency, over private property and pursuant to this bill shall not be disseminated to a law enforcement agency unless the law enforcement agency the permission of the person or entity with the legal authority to grant access to the property or a search warrant for the images, footage, or data based on probable cause, or the law enforcement agency would not have been required to obtain a warrant to collect the images, footage, or data itself as specified. 13)Allows a public agency that is not primarily a law enforcement agency, but that employs peace officers or performs functions related to criminal investigations, to disseminate images, footage, or data collected by the use of an UAS if the dissemination is to others within that agency. 14)Prohibits disseminating the images, footage, or data to entities outside the collecting public agency, unless one of the following circumstances applies: a) To another public agency if the images, footage, or data are related to the core mission of both public agencies involved in the sending or receiving of the images, footage, or data; b) To an entity outside the collecting public agency if the images, footage, or data are evidence in any claim filed or any pending litigation; or AB 56 Page 6 c) To a private entity if both of the following conditions are satisfied: i) The collecting public agency is not a law enforcement agency; and, ii) The images, footage, or data are related to the core function of the collecting public agency. 15) Allows a public agency to make available to the public images, footage, or data obtained by the public agency through the use of an UAS if both of the following conditions are satisfied: a) The images, footage, or data do not depict or describe any individual or group of individuals, or the activities of any individual or group of individuals whose identity or identities can be ascertained; and, b) The disclosure of the images, footage, or data is required to fulfill the public agency's statutory or mandatory obligations. 16)Prohibits, except as permitted by the provisions of this bill, public agencies from using images, footage, or data obtained by a public agency through the use of an UAS for any purpose other than that for which it was collected. 17)Requires images, footage, or data obtained through the use of an UAS to be permanently destroyed within one year, except in the following circumstances: a) For training purpose, as specified. b) For academic research or teaching purposes, as specified. c) For purposes of monitoring material assets owned by the public agency. AB 56 Page 7 d) For environmental, public works, or land use management or planning by the public agency. e) The images, footage or data are evidence currently being used, or anticipated to be used, in a criminal proceeding. 18)States, notwithstanding the above provision, a public agency may retain beyond one year images, footage, or data in the following circumstances: a) If a search warrant authorized the collection of the images, footage, or data. b) If the images, footage, or data are evidence in any claim filed or any pending litigation internal disciplinary proceeding, or enforcement proceeding. 19)Prohibits a person, entity, or public agency from equipping or arming an UAS with a weapon or other device that may be carried by, or launched, or directed from, an UAS and that may cause incapacitation, bodily injury or death or damage to, or the destruction of, real or personal property, unless authorized by federal law. 20)Provides that all UAS shall be operated so as to minimize the collection of images, footage, or data of persons, places, or things not specified with particularity in the warrant authorizing the use of an UAS, or, if no warrant was obtained, for purposes unrelated to the justification for the operation. 21)States that none of the provisions in this bill are intended to conflict with or supersede federal law, including rules and regulations of the FAA; and authorizes a local legislative body to adopt more restrictive policies on the acquisition, use, or retention of UAS. AB 56 Page 8 22)Prohibits a person, entity, or public agency from equipping or arming an UAS with a weapon or other device that may be carried by or launched from an UAS and that may cause bodily injury or death or damage to, or the destruction of, real or personal property. 23)Provides that surveillance restrictions on electronic devices shall also apply to UAS. 24)States that none of the provisions above are intended to conflict with or supersede federal law, including rules and regulations of the FAA. 25)Provides that notwithstanding any other provision, images, footage or data obtained through the use of the UAS or any related record, including but not limited to, usage logs or logs that identify any person or entity that subsequently obtains or requests records of that system, are public records subject to disclosure. 26)Clarifies that nothing in this bill or any other law requires the disclosure of images, footage, or data obtained through the use of an UAS, or any related record that identify any person or entity that subsequently obtains or requests records of that system, to the extent that disclosure of the images, footage, data, or records would endanger the safety of a person involved in an investigation, or would endanger the successful completion of the investigation. EXISTING FEDERAL LAW: The Aviation Administration Modernization and Reform Act of 2012 provides for the integration of civil UAS, commonly known as drones, into the national airspace system by September 30, 2015. The Act requires the Administrator of the FAA to develop and implement operational and certification AB 56 Page 9 requirements for the operation of public UAS in the national airspace by December 31, 2015. EXISTING STATE LAW: 1)States that a search warrant is an order in writing, in the name of the people, signed by a magistrate, directed to a peace officer, commanding him or her to search for a person or persons, a thing or things, or personal property, and, in the case of a thing or things or personal property, bring the same before the magistrate. 2)Prohibits wiretapping or eavesdropping on confidential communications, which excludes communications made in public or in any circumstance that the parties may reasonably expect that the communication may be overheard or recorded. 3)Provides that nothing in the sections prohibiting eavesdropping or wiretapping prohibits specified law enforcement officers or their assistants or deputies acting within the scope of his or her authority, from overhearing or recording any communication that they could lawfully overhear or record. FISCAL EFFECT: According to the Assembly Appropriations Committee: 1)Requiring every public agency or law enforcement agency that intends to use UAS to provide notice to the public could easily exceed $150,000, given the thousands of local agencies, from local governments, to police departments, to water boards, to mosquito abatement districts. However, this is not a reimbursable state mandated cost. 2)Likely minor state trial court costs to the extent that new requirements regarding warrants and court orders occupy court time. AB 56 Page 10 COMMENTS: According to the author, "We live in a culture that is extremely sensitive to the idea of preventing unnecessary government intrusion into any facet of our lives. Drones, as with other technologies, can be a great asset to the state and improve public safety. For example, the California Military Department provided firefighters with aerial surveillance while battling the massive Rim Fire in 2013 along the foothills of the Sierra Nevada. This aerial surveillance allowed firefighters to track the fire in real time, allowed commanders to move firefighters out of harm's way and reposition firefighters as the wind shifted the fire across the mountainside. However, privacy concerns are an issue that must be dealt with effectively if the public is to support the use of drones by their local law enforcement agencies." "Over the last few years a number of law enforcement agencies have purchased drones with no public input and little transparency in the process. This has stirred feelings of frustration, skepticism and concern from Californians regarding how drones will be operated. Though some agencies have indicated that they are not intending to deploy them anytime soon, allowing for some form of public forum as they develop their policies and guidelines would help ease tensions and help to build trust. "AB 56 will establish a set of parameters for the use of drones in public and private spaces. It restricts the sharing of data between agencies (public and law enforcement) to prevent the roundabout tracking of individuals. Additionally, this bill will create accountability within the law enforcement community by requiring that they provide notice to their governing agency or public on what they intend to use (and not to use) drones for. This bill recognizes that drones can be a beneficial tool, but at the same time they can be abused without the proper oversight or guidance on their use." AB 56 Page 11 Analysis Prepared by: Stella Choe / PUB. S. / (916) 319-3744 FN: 0000411