Amended in Senate August 17, 2015

Senate BillNo. 168


Introduced by Senator Gaines

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(Principal coauthor: Assembly Member Gatto)

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(Coauthor: Assembly Member Mayes)

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February 5, 2015


An act tobegin delete amend Section 900 of the Insurance Code, relating to insurance.end deletebegin insert add Chapter 4.5 (commencing with Section 853) to Part 2 of Division 3.6 of Title 1 of the Government Code, relating to immunity from civil liability, and declaring the urgency thereof, to take effect immediately.end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 168, as amended, Gaines. begin deleteInsurance: annual statements. end deletebegin insertImmunity from civil liability: emergency responders: unmanned aircraft systems.end insert

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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.

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This bill would further limit the exposure to liability by an emergency responder, defined to include a public entity, public employee, and an unpaid volunteer, as specified, for damages to an unmanned aircraft system, if the damage was caused while the emergency responder was performing specific emergency services and the unmanned aircraft system was interfering with the provision of those emergency services.

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This bill would declare that it is to take effect immediately as an urgency statute.

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Existing law provides for the regulation of insurers by the Insurance Commissioner. Existing law requires every insurer, each year on or before the first day of March, to make and file with the Insurance Commissioner statements exhibiting its condition and affairs as of the previous December 31.

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This bill would make technical, nonsubstantive changes to that provision.

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Vote: begin deletemajority end deletebegin insert23end insert. Appropriation: no. Fiscal committee: begin deleteno end deletebegin insertyesend insert. 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 insertChapter 4.5 (commencing with Section 853) is
2added to Part 2 of Division 3.6 of Title 1 of the end insert
begin insertGovernment Codeend insertbegin insert,
3to read:end insert

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4 

5Chapter  begin insert4.5.end insert Emergency Responders
6

 

7

begin insert853.end insert  

An emergency responder shall not be liable for any
8damage to an unmanned aircraft system, if the damage was caused
9while the emergency responder was providing, and the unmanned
10aircraft system was interfering with, the operation, support, or
11enabling of any of the following emergency services:

12(a) Ambulance services, including, but not limited to, air
13ambulance services.

14(b) Firefighting or firefighting-related services, including, but
15not limited to, air services related to firefighting or
16firefighting-related services.

17(c) Search and rescue services, including, but not limited to,
18air search and rescue services.

19

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The following definitions shall apply to this chapter:

20(a) “Emergency responder” means a public entity, public
21employee, or an unpaid volunteer acting within the scope of
22authority implicitly or expressly provided by a public entity or
23public employee to respond to an emergency situation.

24(b) “Unmanned aircraft” means an aircraft that is operated
25without the possibility of direct human intervention from within
26or on the aircraft.

P3    1(c) “Unmanned aircraft system” means an unmanned aircraft
2and associated elements, including, but not limited to,
3communication links and the components that control the
4unmanned aircraft that are required for the pilot in command to
5operate safely and efficiently in the national airspace system.

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6begin insert

begin insertSEC. 2.end insert  

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This act is an urgency statute necessary for the
7immediate preservation of the public peace, health, or safety within
8the meaning of Article IV of the Constitution and shall go into
9immediate effect. The facts constituting the necessity are:

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10To protect emergency responders who are providing specific
11critical emergency services from potential civil liability relating
12to the new and increasing proliferation of unmanned aircraft
13systems that disrupt the provision of those emergency services, it
14is necessary that this act take effect immediately.

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15

SECTION 1.  

Section 900 of the Insurance Code is amended
16to read:

17

900.  

(a) Each year, on or before the first day of March, every
18insurer doing business in this state shall make and file with the
19commissioner, in the number, form, and by the methods prescribed
20by the commissioner, statements exhibiting its condition and affairs
21as of the previous December 31. If the first day of March falls on
22a day other than a business day, the filing is due to the
23commissioner by the first business day preceding the first day of
24March.

25(b) Each year, on or before the following dates, every insurer
26doing business in this state shall make and file with the
27commissioner, in the number, form, and methods prescribed by
28the commissioner, statements exhibiting its condition and affairs
29for the period beginning on January 1 of the current calendar year
30through the end of each quarter of the current year as described
31below. These quarterly filings shall cover the period of time
32beginning January 1 of the current year through and including the
33last day of the quarter for which the report is being made. The first
34quarter filing shall be filed with the commissioner on or before
35May 15 of every year. The second quarter filing shall be filed with
36the commissioner on or before August 15 of every year. The third
37quarter filing shall be filed with the commissioner on or before
38November 15 of every year. If any of these dates fall on a day
P4    1other than a business day, then the filing is due to the commissioner
2by the first business day preceding that date.

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