BILL NUMBER: SB 168 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 17, 2015
INTRODUCED BY Senator Gaines
( Principal coauthor: Assembly Member
Gatto )
( Coauthor: Assembly Member
Mayes )
FEBRUARY 5, 2015
An act to amend Section 900 of the Insurance Code,
relating to insurance. 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.
LEGISLATIVE COUNSEL'S DIGEST
SB 168, as amended, Gaines. Insurance: annual statements.
Immunity from civil liability: emergency responders:
unmanned aircraft systems.
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.
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.
This bill would declare that it is to take effect immediately as
an urgency statute.
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.
This bill would make technical, nonsubstantive changes to that
provision.
Vote: majority 2/3 . Appropriation:
no. Fiscal committee: no yes .
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Chapter 4.5 (commencing with Section
853) is added to Part 2 of Division 3.6 of Title 1 of the
Government Code , to read:
CHAPTER 4.5. EMERGENCY RESPONDERS
853. An emergency responder shall not be liable for any damage to
an unmanned aircraft system, if the damage was caused while the
emergency responder was providing, and the unmanned aircraft system
was interfering with, the operation, support, or enabling of any of
the following emergency services:
(a) Ambulance services, including, but not limited to, air
ambulance services.
(b) Firefighting or firefighting-related services, including, but
not limited to, air services related to firefighting or
firefighting-related services.
(c) Search and rescue services, including, but not limited to, air
search and rescue services.
853.5. The following definitions shall apply to this chapter:
(a) "Emergency responder" means a public entity, public employee,
or an unpaid volunteer acting within the scope of authority
implicitly or expressly provided by a public entity or public
employee to respond to an emergency situation.
(b) "Unmanned aircraft" means an aircraft that is operated without
the possibility of direct human intervention from within or on the
aircraft.
(c) "Unmanned aircraft system" means an unmanned aircraft and
associated elements, including, but not limited to, 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.
SEC. 2. This act is an urgency statute necessary
for the immediate preservation of the public peace, health, or safety
within the meaning of Article IV of the Constitution and shall go
into immediate effect. The facts constituting the necessity are:
To protect emergency responders who are providing specific
critical emergency services from potential civil liability relating
to the new and increasing proliferation of unmanned aircraft systems
that disrupt the provision of those emergency services, it is
necessary that this act take effect immediately.
SECTION 1. Section 900 of the Insurance Code is
amended to read:
900. (a) Each year, on or before the first day of March, every
insurer doing business in this state shall make and file with the
commissioner, in the number, form, and by the methods prescribed by
the commissioner, statements exhibiting its condition and affairs as
of the previous December 31. If the first day of March falls on a day
other than a business day, the filing is due to the commissioner by
the first business day preceding the first day of March.
(b) Each year, on or before the following dates, every insurer
doing business in this state shall make and file with the
commissioner, in the number, form, and methods prescribed by the
commissioner, statements exhibiting its condition and affairs for the
period beginning on January 1 of the current calendar year through
the end of each quarter of the current year as described below. These
quarterly filings shall cover the period of time beginning January 1
of the current year through and including the last day of the
quarter for which the report is being made. The first quarter filing
shall be filed with the commissioner on or before May 15 of every
year. The second quarter filing shall be filed with the commissioner
on or before August 15 of every year. The third quarter filing shall
be filed with the commissioner on or before November 15 of every
year. If any of these dates fall on a day other than a business day,
then the filing is due to the commissioner by the first business day
preceding that date.