BILL ANALYSIS Ó
AB 1662
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ASSEMBLY THIRD READING
AB
1662 (Chau)
As Amended March 3, 2016
Majority vote
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|Committee |Votes|Ayes |Noes |
| | | | |
| | | | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Privacy |11-0 |Chau, Wilk, Baker, | |
| | |Calderon, Chang, | |
| | |Cooper, Dababneh, | |
| | |Gatto, Gordon, Low, | |
| | |Olsen | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Transportation |15-0 |Frazier, Linder, | |
| | |Baker, Bloom, Brown, | |
| | |Chu, Daly, Dodd, | |
| | |Gomez, Kim, Mathis, | |
| | |Medina, Melendez, | |
| | |Nazarian, O'Donnell | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Appropriations |20-0 |Gonzalez, Bigelow, | |
| | |Bloom, Bonilla, | |
| | |Bonta, Calderon, | |
| | |Chang, Daly, Eggman, | |
| | |Gallagher, Eduardo | |
AB 1662
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| | |Garcia, McCarty, | |
| | |Holden, Jones, | |
| | |Obernolte, Quirk, | |
| | |Santiago, Wagner, | |
| | |Weber, Wood | |
| | | | |
| | | | |
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SUMMARY: Protects people from "hit and run" unmanned aircraft
system (UAS) accidents by requiring UAS operators to remain at
the scene of an accident and provide their name and address
along with valid identification to the victim and the police.
Specifically, this bill:
1)Requires a UAS operator to stay at the scene of any accident
involving the UAS that results in personal injury or damage to
property;
2)Requires the UAS operator to immediately land the UAS at the
nearest location that will not jeopardize the safety of others
and specifies that moving the UAS does not affect the question
of who is at fault in the accident;
3)In addition, requires the UAS operator to do one of the
following:
a) Show valid identification (e.g., driver's license or
passport), if available, as well as name and current
address to the injured person;
b) Locate and provide the owner of property damaged in the
accident the name and address of the UAS operator, and show
AB 1662
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valid identification if the property owner asks the UAS
operator to show identification; or
c) Leave a written note on the damaged property that
includes the UAS operator's name, address, and a statement
of the circumstances of the accident as well as notify the
police or sheriff's office.
4)Makes violation of the bill subject to a misdemeanor penalty,
including up to six months in jail or a $1,000 fine, or both;
5)Exempts from the bill a UAS operated under specific
authorization from the Federal Aviation Administration (FAA),
in accordance with the terms and conditions of that
authorization;
6)Exempts law enforcement from the bill, including police and
fire agencies; and
7)Defines "unmanned aircraft" and "unmanned aircraft system"
consistent with federal law.
FISCAL EFFECT: According to the Assembly Appropriations
Committee:
Potential minor nonreimbursable costs to cities and counties for
enforcement, offset to some extent by fine revenues.
COMMENTS:
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1)Purpose of this bill. This bill seeks to protect people who
are injured or whose property is damaged in a UAS (or "drone")
accident by requiring UAS operators to remain at the scene of
the accident and provide their name and address along with
valid identification to the victim and to the police. Similar
to California's vehicular "hit and run" law, if the accident
involves property damage and the owner cannot be found, the
bill requires UAS operators to leave their contact information
on the damaged property. This bill is author-sponsored.
2)FAA regulation of commercial UAS in development. On February
15, 2015, the FAA proposed a new framework of regulations to
allow the use of small UAS in the airspace from the ground up
to 500 feet. If enacted, the proposed rules would limit
flights to non-recreational, daylight uses and would require a
commercial UAS pilot to maintain a visual line of sight with
the UAS. Congress is currently considering FAA
reauthorization legislation that contains a number of UAS
provisions, including a proposed requirement that UAS
operators pass an online test, a requirement that UAS contain
certain safety features, and a new program to fund
interception of UAS that fly to close to airports.
3)The federal preemption issue. Once the FAA has finished
promulgating regulations governing the commercial use of UAS,
a future court may find that those regulations preempt certain
state laws - such as this one, if passed - but much remains
uncertain. According to a December 17, 2015, FAA white paper
"[l]aws traditionally related to state and local police power
- including land use, zoning, privacy, trespass, and law
enforcement operations - generally are not subject to federal
regulation." This bill would appear to fall within the
state's police power, because it establishes safety and
accident reporting standards to help law enforcement resolve
personal injury and property damage accidents that occur when
a UAS crashes with people or property on the ground. As such,
the risk of federal preemption of this bill in the future is
likely minimal.
AB 1662
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Analysis Prepared by:
Jennie Bretschneider / P. & C.P. / (916)
319-2200
FN: 0002963