BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                        SB 168|
          |Office of Senate Floor Analyses   |                              |
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                                   THIRD READING 


          Bill No:  SB 168
          Author:   Gaines (R) and Jackson (D), et al.
          AmendedAmended:8/24/15  
          Vote:     27 - Urgency

           SENATE JUDICIARY COMMITTEE:  7-0, 8/27/15
           AYES:  Jackson, Moorlach, Anderson, Hertzberg, Leno, Monning,  
            Wieckowski

          SENATE APPROPRIATIONS COMMITTEE:  Senate Rule 28.8

           SUBJECT:   Unmanned aircraft systems


          SOURCE:    California Police Chiefs Association
                     League of California Cities


          DIGEST:  This bill provides emergency responders with immunity  
          from civil liability 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 specified emergency  
          services.  This bill also makes it unlawful to knowingly,  
          intentionally, or recklessly operate an unmanned aircraft or  
          unmanned aircraft system in a manner that prevents or delays the  
          extinguishment of a fire, or in any way interferes with the  
          efforts of firefighters to control, contain, or extinguish a  
          fire, as specified.  


          ANALYSIS:   









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          Existing law:


          1)Provides that every person is bound, without contract, to  
            abstain from injuring the person or property of another, or  
            infringing upon any of his or her rights. 


          2)Provides that everyone is responsible, not only for the result  
            of his or her willful acts, but also for an injury to another  
            caused by his or her lack of ordinary care or skill in the  
            management of his or her property or person, except so far as  
            the latter has, willfully or from lack of ordinary care,  
            brought the injury upon himself or herself.  


          3)Specifies, under the Government Tort Claims Act (Act), rules  
            of civil liability that apply to public entities and public  
            employees in California.  The Act generally provides that all  
            public entities, state and local, are liable in tort to the  
            extent declared by statute, subject to stated immunities and  
            defenses.  Public employees are liable to the same extent as  
            private persons, subject to various immunities and defenses.    



          4)Defines, for purposes of that Act, a "public entity" to  
            include the state, the Regents of the University of  
            California, the Trustees of the California State University  
            and the California State University, a county, city, district,  
            public authority, public agency, and any other political  
            subdivision or public corporation in the State.  Defines a  
            "public employee" to mean an employee of a public entity.


          5)Governs, under the Act, the liability of public entities and  
            public employees with regard to fire protection.  Provides,  
            generally, that neither a public agency nor public employee  
            acting in the scope of his employment is liable for any injury  
            resulting from the condition of fire protection or  
            firefighting equipment or facilities, or for any injury caused  
            fighting fires.  








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          6)Provides that every person who willfully commits any of the  
            following acts at the burning of a building or at any other  
            time and place where any fireman or firemen or emergency  
            rescue personnel are discharging or attempting to discharge an  
            official duty, is guilty of a misdemeanor:

                 Resists or interferes with the lawful efforts of any  
               fireman or firemen or emergency rescue personnel in the  
               discharge or attempt to discharge an official duty;

                 Disobeys the lawful orders of any fireman or public  
               officer;

                 Engages in any disorderly conduct which delays or  
               prevents a fire from being timely extinguished; or

                 Forbids or prevents others from assisting in  
               extinguishing a fire or exhorts another person, as to whom  
               he has no legal right or obligation to protect or control,  
               from assisting in extinguishing a fire.  


          1)Provides that every person is guilty of a misdemeanor  
            punishable by a fine of $100 to $1,000, who, at a forest fire  
            does any of the following:

                 Disobeys the lawful orders of any public officer or  
               fireman;

                 Offers any resistance to, or interference with, the  
               lawful efforts of any fireman or company of firemen to  
               extinguish the fire;

                 Engages in any disorderly conduct which is calculated to  
               prevent the fire from being extinguished;

                 Forbids, prevents, or dissuades others from assisting to  
               extinguish the fire; or

                 Rides, drives, or propels any vehicles or conveyance  
               upon, over, or across any firehose or chemical hose which  
               is used by, or in charge of, any public officer or fireman,  
               or injures or damages in any manner any such hose or  







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               apparatus of any kind which is in use by, or in charge of,  
               any public or fireman.  


          1)Provides that every person who goes to the scene of an  
            emergency, or stops at the scene of an emergency, for the  
            purpose of viewing the scene or the activities of police  
            officers, firefighters, emergency medical, or other emergency  
            personnel, or military personnel coping with the emergency in  
            the course of their duties during the time it is necessary for  
            emergency vehicles or those personnel to be at the scene of  
            the emergency or to be moving to or from the scene of the  
            emergency for the purpose of protecting lives or property,  
            unless it is part of the duties of that person's employment to  
            view that scene or activities, and thereby impedes police  
            officers, firefighters, emergency medical, or other emergency  
            personnel or military personnel, in the performance of their  
            duties in coping with the emergency, is guilty of a  
            misdemeanor. 


          2)Provides that for the purposes of the above, an emergency  
            includes a condition or situation involving injury to persons,  
            damage to property, or peril to the safety of persons or  
            property, which results from a fire, an explosion, an airplane  
            crash, flooding, windstorm damage, a railroad accident, a  
            traffic accident, a power plant accident, a toxic chemical or  
            biological spill, or any other natural or human-caused event. 


          This bill:


          1)Provides that it is unlawful to knowingly, intentionally, or  
            recklessly operate an unmanned aircraft or unmanned aircraft  
            system in a manner that prevents or delays the extinguishment  
            of a fire, or in any way interferes with the efforts of  
            firefighters to control, contain, or extinguish a fire,  
            including, but not limited to, efforts to control, contain, or  
            extinguish the fire from the air.  


          2)Makes a violation of the above punishable by imprisonment in a  
            county jail not to exceed six months, by a fine not to exceed  







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            $5,000, or by both that fine and imprisonment.


          3)Provides, additionally, that 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:

                 Ambulance services, including, but not limited to, air  
               ambulance services;

                 Firefighting or firefighting-related services,  
               including, but not limited to, air services related to  
               firefighting or firefighting-related services; or

                 Search and rescue services, including, but not limited  
               to, air search and rescue services.


          1)Defines various terms for the above purposes, including:

                 "Emergency responder" means a public entity, a 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.

                  "Recklessly" means a person is aware of and consciously  
               disregards a substantial and unjustifiable risk that his or  
               her act will prevent or delay the extinguishment of a fire,  
               or in any way interfere with the efforts of firefighters to  
               control, contain, or extinguish a fire, including, but not  
               limited to, efforts to control, contain, or extinguish the  
               fire from the air.  The risk shall be of such nature and  
               degree that disregard of that risk constitutes a gross  
               deviation from the standard of conduct that a reasonable  
               person would observe in the situation.  A person who  
               creates such a risk but is unaware of that risk solely by  
               reason of voluntary intoxication also acts recklessly for  
               these purposes. 









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          1)Goes into effect immediately as an urgency measure.  


           Background


          As with most new technologies, the possibility of having  
          potentially thousands of commercial and private unmanned aerial  
          vehicles or "drones" take to California's skies in the coming  
          years has called into question how well state law is prepared to  
          incorporate these vehicles - and the policy issues associated  
          with their operation - into California's legal landscape.  At  
          present, the use of unmanned aerial vehicles in the skies over  
          California is fairly restricted.  Congress effectively closed  
          the national airspace to commercial drone flights in the Federal  
          Aviation Administration (FAA) Modernization and Reform Act of  
          2012 (Modernization and Reform Act).  (49 U.S.C. Sec.  
          40102(a)(32).)  That act established a framework for safely  
          integrating unmanned aircraft into the national airspace no  
          later than September 30, 2015.  Until these vehicles can be  
          safely integrated into our airspace, federal law generally  
          prohibits the commercial use of drones.


          While the Modernization and Reform Act does permit certain  
          commercial unmanned aircraft operations to take place before the  
          integration framework is implemented pursuant to special interim  
          requirements, to date, it appears that only a handful of  
          commercial operators have applied for, and received, permission  
          to fly commercial drones, including several film production  
          companies, construction, surveying, and inspection companies,  
          and a number of real estate firms.  The Modernization and Reform  
          Act also sets out a separate interim operation exemption for  
          "public unmanned aircraft," allowing public agencies like police  
          departments to operate drones upon application, provided the  
          aircraft and their operators meet certain minimum standards.   
          (See Section 334 of the Modernization and Reform Act.)  Unlike  
          commercial and public drone operations, flying an unmanned  
          aircraft "strictly for hobby or recreational use" is authorized  
          so long as the operator pilots the craft in accordance with  
          specific safety rules.  (See Section 336 of the Modernization  
          and Reform Act.)  As a result, most of the drones one sees in  
          California today are being piloted by private citizens.  








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          Of particular import to this bill are both the practical safety  
          considerations and the legal implications posed by drones and  
          their users when occupying the same space as emergency response  
          aircraft.  To this end, news reports have focused in recent  
          months on instances where drones have interfered with the  
          ability of emergency responders to perform their jobs, such as  
          firefighting.  As noted in a CNN article last month: 


            Of all the elements they must battle in a wildfire,  
            firefighters face a new foe: drones operated by enthusiasts  
            who presumably take close-up video of the disaster.


            Five such "unmanned aircraft systems" prevented California  
            firefighters from dispatching helicopters with water buckets  
            for up to 20 minutes over a wildfire that roared Friday onto a  
            Los Angeles area freeway that leads to Las Vegas.


            Helicopters couldn't drop water because five drones hovered  
            over the blaze, creating hazards in smoky winds for a deadly  
            midair disaster, officials said. (Martinez, Vercammen &  
            Brumfield, Above spectacular wildfire on freeway rises new  
            scourge: drones, CNN (Jul. 19, 2015)  
             
                                                                    Page  8


          50818-story.html  [as of Aug. 18, 2015].)  


          Accordingly, this bill makes it unlawful to operate an unmanned  
          aircraft or unmanned aircraft system in a knowing, intentional,  
          or reckless manner that prevents or delays the extinguishment of  
          a fire.  Additionally, this bill expressly provides emergency  
          responders with immunity from civil liability for any damage to  
          an unmanned aircraft system if that unmanned aircraft system  
          interfered with emergency services, as specified. 


          Comment


          As stated by the author: 


            Early in the course of this drought-heightened fire season,  
            private-unauthorized drones have repeatedly halted  
            firefighting efforts.  The simple presence of these drones has  
            forced firefighters to ground mission-critical tanker  
            aircraft, unnecessarily putting pilots, firefighters,  
            civilians and property at risk.  California Law currently  
            makes it a misdemeanor in Penal Code Section 148.2 to  
            interfere with firefighting efforts. Senate Bill 168 increases  
            the possible fines for drone interference with these efforts.  
            Additionally, it will help ensure that emergency responders  
            fighting these fires can do the job of protecting the public  
            without worrying about frivolous lawsuits. As drones become  
            more accessible to the public, their presence in the sky is  
            quickly increasing. It is essential that lifesaving services  
            provided by emergency responders be free to continue despite  
            someone's misplaced desire to capture imagines for YouTube and  
            the like.  


            [Furthermore, c]urrent law does not provide explicit immunity  
            for emergency personnel who damage a drone that is interfering  
            with the emergency services. This bill will clearly state that  
            there is civil immunity in these situations. Impeding one  
            tanker drop could be the difference between life and death of  
            an individual or the loss of an entire neighborhood in flames.  
             Senate Bill 168 is an urgently needed and important piece of  







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            legislation that will protect forests, property and the lives  
            of citizens and firefighters.


          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   Yes


          SUPPORT:   (Verified8/28/15)


          California Police Chiefs Association (co-source)
          League of California Cities (co-source)
          Air and Surface Transport Nurses Association
          California Ambulance Association
          California Fire Chiefs Association 
          CAL FIRE Local 2881 
          California Professional Firefighters
          California State Association of Counties 
          California State Firefighters Association
          California State Lodge, Fraternal Order of Police
          County of Riverside
          County of San Bernardino
          County of San Diego
          Emergency Nurses Association
          Fire Districts Association of California
          Long Beach Police Officers Association
          Los Angeles County Professional Peace Officers Association 
          Orange County Fire Authority Board of Directors 
          Orange County Professional Firefighters Association, Local 3631 
          Sacramento County Deputy Sheriffs' Association


          OPPOSITION:   (Verified8/28/15)


          None received


          ARGUMENTS IN SUPPORT:     The California Ambulance Association  
          (CAA), taking a support if amended position on this bill, writes  
          that it "wholeheartedly supports" the concept of providing  
          immunity for civil liability to emergency responders for any  
          damage caused to unmanned aircraft systems if that damage is  







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          caused while the emergency responder was performing emergency  
          services and the unmanned aircraft system was interfering with  
          the provision of those emergency services.  However, CAA notes  
          that the bill's narrow definition of emergency responders  
          excludes private ambulance companies and argues that "[p]rivate  
          ambulance companies are essential emergency responders and need  
          immunity from civil liability, too.  We request that [the] bill  
          be amended to include immunity from civil liability to ALL  
          emergency responders, not solely those employed by public  
          agencies or volunteers."  


          The Orange County Professional Firefighters Association, Local  
          3631 and the California Professional Firefighters also write  
          "support if amended" letters, requesting that the bill be  
          amended to include specific reference to "emergency medical  
          services."  The Orange County Professional Firefighters  
          Association, Local 3631 explains: 


            The provision of fire department services often comprises  
            emergency medical response, which may or may not include  
            transportation services.  The bill's current reference to air  
            ambulance services, without corresponding reference to  
            emergency medical services, could be interpreted to mean that  
            basic EMS rendered by firefighters at the scene of an  
            emergency (where transport is not a component) was intended to  
            be excluded from this measure.  As this might leave one  
            category of fire services professionals open to liability,  
            where others are not, we respectfully request that the bill be  
            clarified to include specific reference to "emergency medical  
            services." 


          The Orange County Fire Authority (OCFA) Board of Directors and  
          CAL FIRE Local 2881, both write in support of the Penal Code  
          provisions of the bill.  CAL FIRE Local 2881 writes that "every  
          minute counts when fighting a fire.  Assessing a penalty on  
          those who operate drones in or around forest fires will hold the  
          violator accountable and prevent serious delays, which can be  
          catastrophic."  The OCFA Board of Directors similarly writes  
          that it "supports [this bill's efforts] to deter individuals  
          from engaging in these reckless acts and punish those who place  
          the lives of firefighters and the public in danger."







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          Prepared by:Ronak Daylami / JUD. / (916) 651-4113
          8/28/15 15:04:52


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