Amended in Assembly March 17, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 2724

Introduced by Assembly Member Gatto

February 19, 2016

An act begin insert to add Part 7 (commencing with Section 9570) to Division 4 of the Civil Code, end insert relating to unmanned begin delete aircrafts. end delete begin insert aircraft. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 2724, as amended, Gatto. Unmanned begin delete aircrafts: liability of first responders. end delete begin insert aircraft. end insert

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Existing federal law, the Federal Aviation Administration Modernization and Reform Act of 2012 (FMRA 2012), provides for the integration of civil and public unmanned aircraft systems, commonly known as drones, into the national airspace system. Existing federal law imposes various operational safety requirements and aircraft certification requirements on aircraft, including unmanned aircraft. Existing federal law also generally requires an aircraft to be registered with the Federal Aviation Administration (FAA), and except as provided, prohibits a person from operating a United States registered aircraft unless that aircraft displays specified nationality and registration marks or from placing on any aircraft a design, mark, or symbol that modifies or confuses those nationality and registration marks. Existing federal law establishes an online and paper-based registration process for specified types of unmanned aircraft systems.

end insert begin insert

This bill would require a person who manufactures an unmanned aircraft for sale in this state to include with the unmanned aircraft a copy of FAA safety regulations applicable to unmanned aircraft and, if the unmanned aircraft is required to be registered with the FAA, a notification of that requirement. The bill would require an unmanned aircraft equipped with global positioning satellite mapping capabilities to also be equipped with geofencing technological capabilities that prohibit the unmanned aircraft from flying within 5 miles of an airport. The bill would require the owner of an unmanned aircraft to procure adequate protection against liability imposed by law on owners of unmanned aircraft, including the payment of damages for personal bodily injuries and death, and for property damage, resulting from the operation of the unmanned aircraft. The bill would exempt an unmanned aircraft operated pursuant to a current commercial operator exemption issued pursuant to FMRA 2012 from its provisions.

end insert begin delete

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.

end delete begin delete

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.

end delete begin delete

This bill would state the intent of the Legislature to enact legislation that would provide immunity for first responders who damage or destroy drones that interfere with emergency operations.

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

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

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begin insert SECTION 1. end insert   

end insert

begin insert Part 7 (commencing with Section 9570) is added
to Division 4 of the end insert begin insert Civil Code end insert begin insert , to read: end insert

begin insert

 

PART  begin insert 7. end insert   Unmanned Aircraft

 

begin insert 9570. end insert   

This part shall be known and may be cited as the Drone
Registration Omnibus Negligence Prevention Enactment (DRONE)
Act.

begin insert 9575. end insert   

As used in this part, “unmanned aircraft” means an
aircraft that is operated without the possibility of direct human
intervention from within or on the aircraft.

begin insert 9580. end insert   

(a) A person who manufactures an unmanned aircraft
for sale in this state shall include with the unmanned aircraft both
of the following:

(1) A copy of Federal Aviation Administration safety regulations
applicable to unmanned aircraft.

(2) If the unmanned aircraft is required to be registered with
the Federal Aviation Administration, a notification of that
requirement.

(b) An unmanned aircraft equipped with global positioning
satellite mapping capabilities shall also be equipped with
geofencing technological capabilities that prohibit the unmanned
aircraft from flying within five miles of an airport.

begin insert 9585. end insert   

The owner of an unmanned aircraft shall procure
adequate protection against liability imposed by law on owners
of unmanned aircraft, including the payment of damages for
personal bodily injuries and death, and for property damage,
resulting from the operation of the unmanned aircraft.

begin insert 9590. end insert   

This part does not apply to an unmanned aircraft
operated pursuant to a current commercial operator exemption
issued pursuant to Section 333 of the Federal Aviation
Modernization and Reform Act of 2012 (Public Law 112-95 (Feb.
12, 2014) 126 Stat. 11, 75-76).

end insert

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SECTION 1.  

It is the intent of the Legislature to enact
legislation that would provide immunity for first responders who
damage or destroy drones that interfere with emergency operations.

end delete